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Aviation Industry Indemnity Act (S.C. 2014, c. 29, s. 2)

Act current to 2020-09-09 and last amended on 2019-06-21. Previous Versions

Claim for Indemnification (continued)

Marginal note:Consolidated Revenue Fund

 Any amount payable under an undertaking is to be paid out of the Consolidated Revenue Fund.

Marginal note:Subrogation

  •  (1) Her Majesty in right of Canada is subrogated, to the extent of a payment under an undertaking to an aviation industry participant or beneficiary under an insurance policy held by that participant, to all of the participant’s or beneficiary’s rights in respect of the loss, damage or liability for which the payment was made.

  • Marginal note:Action

    (2) Her Majesty in right of Canada may maintain an action, in the aviation industry participant’s or beneficiary’s name or in the name of Her Majesty, against any person to enforce those rights.

  • 2014, c. 29, s. 2 “9”
  • 2019, c. 29, s. 287

Assessment and Report

Marginal note:Assessment

 The Minister must, at least once every two years, assess whether it is feasible for aviation industry participants to obtain insurance coverage, or other similar coverage, for events referred to in paragraph (a) or (b) of the definition event in section 2.

  • 2014, c. 29, s. 2 “10”
  • 2019, c. 29, s. 288

Marginal note:Report

  •  (1) The Minister must prepare a report on his or her activities under this Act within

    • (a) 90 days after the day on which he or she issued, amended or revoked an undertaking; and

    • (b) two years after the day on which a report was last tabled, if he or she has not, within that period, issued, amended or revoked an undertaking.

  • Marginal note:Exception

    (1.1) The Minister must only report on his or her activities with respect to an undertaking covering an event referred to in paragraph (c) of the definition event in section 2 if he or she issues, amends or revokes such an undertaking.

  • Marginal note:Tabling in Parliament

    (2) The Minister must cause each report to be tabled in each House of Parliament within the first 15 days on which the House is sitting after the report is prepared.

  • 2014, c. 29, s. 2 “11”
  • 2019, c. 29, s. 289

Regulations

Marginal note:Governor in Council

 The Governor in Council may, on the Minister’s recommendation, make regulations for the purpose of this Act, including regulations

  • (a) prescribing an entity or class of entity for the purpose of the definition aviation industry participant in section 2; and

  • (b) respecting the circumstances in which an undertaking may cover only one aviation industry participant.

 
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