Aeronautics Act

Marginal note:Powers to enter, seize and detain

• 8.7 (1) Subject to subsection (4), the Minister may

  • (a) enter, for the purposes of making inspections or audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the Canadian Air Transport Security Authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses or controls it;

  • (a.1) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, copying;

  • (b) enter any place for the purposes of an investigation of matters concerning aviation safety;

  • (c) seize anything found in any place referred to in paragraph (a) or (b) that the Minister believes on reasonable grounds will afford evidence with respect to an offence under this Part or the causes or contributing factors pertaining to an investigation referred to in paragraph (b); and

  • (d) detain any aircraft that the Minister believes on reasonable grounds is unsafe or is likely to be operated in an unsafe manner and take reasonable steps to ensure its continued detention.

• Marginal note:Matters relating to defence

  (1.01) The Minister of Transport may exercise the powers set out in subsection (1) with regard to any matter relating to defence with the authorization of the Minister of National Defence.

• Marginal note:Operation of computer systems and copying equipment

  (1.1) In carrying out an inspection or audit in any place referred to in paragraph (1)(a) or an investigation under paragraph (1)(b), the Minister may

  • (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

  • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

• Marginal note:Search warrants

  (2) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Part.

• Marginal note:Regulations respecting things seized or detained

  (3) The Governor in Council may make regulations respecting

  • (a) the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c) or aircraft that has been detained under paragraph (1)(d); and

  • (b) the return of the evidence or aircraft to the owner thereof or the person from whom the evidence was seized or who had custody of the aircraft when it was detained.

• Marginal note:Warrant required to enter dwelling-house

  (4) Where any place referred to in subsection 5.7(6) or subsection (1) of this section is a dwelling-house, the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (5).

• Marginal note:Authority to issue warrant

  (5) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Act, and

  • (b) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the Minister to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (6) In executing a warrant under subsection (5), the Minister shall not use force unless he is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.