Aeronautics Act (R.S.C., 1985, c. A-2)

Marginal note:Certificate

6.21 A certificate purporting to be signed by the Minister of National Defence or the Chief of the Defence Staff and stating that a notice containing the regulation or notice referred to in paragraph 6.2(1)(a) was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.

6.3 [Repealed, 2014, c. 29, s. 15]

6.4 [Repealed, 2014, c. 29, s. 16]

Interim Orders

Marginal note:Interim orders

• 6.41 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part

  • (a) to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

  • (b) to deal with an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members; or

  • (c) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident.

• Marginal note:Authorized deputy may make interim order

  (1.1) The Minister may authorize, subject to any restrictions or conditions that the Minister may specify, his or her deputy to make, for any reason referred to in any of paragraphs (1)(a) to (c), an interim order that contains any provision that may be contained in a regulation made under this Part.

• Marginal note:Consultation

  (1.2) Before making an interim order, the Minister or deputy, as the case may be, must consult with any person or organization that the Minister or deputy considers appropriate in the circumstances.

• Marginal note:Coming into effect

  (2) An interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

• Marginal note:Recommendation by Minister

  (3) Where the Governor in Council approves an interim order, the Minister shall, as soon as possible after the approval, recommend to the Governor in Council that a regulation having the same effect as the interim order be made under this Part, and the interim order ceases to have effect

  • (a) where such a regulation is made, on the day on which the regulation comes into force; and

  • (b) where no such regulation is made, one year after the day on which the interim order is made.

• Marginal note:Publication in Canada Gazette

  (4) An interim order must be published in the Canada Gazette within 23 days after the day on which it is made.

• Marginal note:Tabling of interim order

  (5) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

• Marginal note:House not sitting

  (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.

Medical and Optometric Information

Marginal note:Minister to be provided with information

• 6.5 (1) Where a physician or an optometrist believes on reasonable grounds that a patient is a flight crew member, an air traffic controller or other holder of a Canadian aviation document that imposes standards of medical or optometric fitness, the physician or optometrist shall, if in his opinion the patient has a medical or optometric condition that is likely to constitute a hazard to aviation safety, inform a medical adviser designated by the Minister forthwith of that opinion and the reasons therefor.

• Marginal note:Patient to advise

  (2) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall, prior to any medical or optometric examination of his person by a physician or optometrist, advise the physician or optometrist that he is the holder of such a document.

• Marginal note:Use by Minister

  (3) The Minister may make such use of any information provided pursuant to subsection (1) as the Minister considers necessary in the interests of aviation safety.

• Marginal note:No proceedings shall lie

  (4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by him in good faith in compliance with this section.

• Marginal note:Information privileged

  (5) Notwithstanding subsection (3), information provided pursuant to subsection (1) is privileged and no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings and the information so provided shall not be used in any such proceedings.

• Marginal note:Deemed consent

  (6) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall be deemed, for the purposes of this section, to have consented to the giving of information to a medical adviser designated by the Minister under subsection (1) in the circumstances referred to in that subsection.

Measures Relating to Canadian Aviation Documents

Definition of Canadian aviation document

6.6 In sections 6.7 to 7.21, Canadian aviation document includes any privilege accorded by a Canadian aviation document.

Marginal note:Non-application of certain provisions

6.7 Sections 6.71 to 7.21 do not apply to any military personnel of Canada or a foreign state acting in the course of their duties in relation to a Canadian aviation document issued in respect of a military aeronautical product, a military aerodrome, military equipment, a military facility relating to aeronautics or a service relating to aeronautics provided by means of such an aeronautical product or such equipment or at such an aerodrome or facility.

Marginal note:Minister may refuse to issue or amend Canadian aviation document

• 6.71 (1) The Minister may refuse to issue or amend a Canadian aviation document on the grounds that

  • (a) the applicant is incompetent;

  • (b) the applicant or any aircraft, aerodrome, airport or other facility in respect of which the application is made does not meet the qualifications or fulfil the conditions necessary for the issuance or amendment of the document; or

  • (c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the applicant or of any principal of the applicant, as defined in regulations made under paragraph (3)(a), warrant the refusal.

• Marginal note:Notice

  (2) The Minister shall, by personal service or by registered or certified mail sent to their latest known address, notify the applicant or the owner or operator of the aircraft, aerodrome, airport or other facility, as the case may be, of a decision made under subsection (1). The notice shall be in a form prescribed by regulation of the Governor in Council and, in addition to any other information that may be prescribed, shall indicate, as the case requires,

  • (a) the nature of the incompetence of the applicant;

  • (b) the qualifications or conditions referred to in paragraph (1)(b) that are not met or fulfilled, as the case may be;

  • (c) the reasons for the Minister’s opinion referred to in paragraph (1)(c); and

  • (d) except in the case of a document or class of documents prescribed under paragraph (3)(b), the address at which, and the date, being thirty days after the notice is served or sent, on or before which the applicant, owner or operator may file a request for a review of the Minister’s decision.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations

  • (a) defining the word principal; and

  • (b) prescribing Canadian aviation documents, or classes of such documents, in respect of which a review of the Minister’s decision to refuse to issue or amend a document may not be requested.

Marginal note:Request for review

• 6.72 (1) Subject to any regulations made under paragraph 6.71(3)(b), an applicant, owner or operator who is served with or sent a notice under subsection 6.71(2) and who wishes to have the Minister’s decision reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review of the decision with the Tribunal at the address set out in the notice.

• Marginal note:Time and place for review

  (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Determination

  (4) The member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration.

  • 2001, c. 29, s. 34

Marginal note:Suspensions, etc., generally

6.8 In addition to any ground referred to in any of sections 6.71, 6.9 to 7.1 and 7.21, the Minister may suspend, cancel or refuse to issue, amend or renew a Canadian aviation document in the circumstances and on the grounds prescribed by regulation of the Governor in Council.

Marginal note:Suspension, etc., if contravention

• 6.9 (1) If the Minister decides to suspend or cancel a Canadian aviation document on the grounds that its holder or the owner or operator of any aircraft, airport or other facility in respect of which it was issued has contravened any provision of this Part or of any regulation, notice, order, security measure or emergency direction made under this Part, the Minister shall by personal service or by registered or certified mail sent to the holder, owner or operator, as the case may be, at that person’s latest known address notify the holder, owner or operator of that decision and of the effective date of the suspension or cancellation, but no suspension or cancellation shall take effect earlier than the date that is thirty days after the notice under this subsection is served or sent.

• Marginal note:Contents of notice

  (2) The notice must be in the form that the Governor in Council may by regulation prescribe and must, in addition to any other information that may be so prescribed,

  • (a) indicate the provision of this Part or of the regulation, notice, order, security measure or emergency direction made under this Part that the Minister believes has been contravened; and

  • (b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event that the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

• Marginal note:Request for review of Minister’s decision

  (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on or sent to him under that subsection or within such further time as the Tribunal, on application by the holder, owner or operator, may allow, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision.

• Marginal note:Request for review not a stay of suspension, etc.

  (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension or cancellation of the Canadian aviation document to which the decision relates, but where a request for a review has been filed with the Tribunal a member of the Tribunal assigned for the purpose may, subject to subsection (5), on application in writing by the holder of the document or the owner or operator affected by the decision, as the case may be, on such notice to the Minister as the member deems necessary, and after considering such representations by the holder, owner or operator and the Minister as they wish to make in that behalf, direct that the suspension or cancellation of the document be stayed until the review of the decision of the Minister has been concluded.

• Marginal note:Exception re stay direction

  (5) No direction of a stay of a suspension or cancellation shall be made under subsection (4) if the member of the Tribunal considering the matter is of the opinion that the stay would result in a threat to aviation safety or security.

• Marginal note:Appointment of review time

  (6) On receipt of a request filed in accordance with subsection (3), the Tribunal shall appoint a time and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.

• Marginal note:Review procedure

  (7) At the time and place appointed under subsection (6) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension or cancellation under review.

• Marginal note:Holder, etc., not compelled to testify

  (7.1) In a review under this section, a holder, owner or operator referred to in subsection (1) is not required, and shall not be compelled, to give any evidence or testimony in the matter.

• Marginal note:Determination of Tribunal member

  (8) On a review under this section of a decision of the Minister to suspend or cancel a Canadian aviation document, the member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or substituting his or her own determination.