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Security Screening Services Commercialization Act (S.C. 2019, c. 29, s. 270)

Act current to 2020-10-05

Charges (continued)

General Provisions

Marginal note:Confidential information

 The Agency must take any measures necessary to maintain the confidentiality of any commercial, financial, scientific or technical information provided to the Agency in respect of a proceeding under this Act if the information has consistently been treated as confidential by any interested person or entity.

Marginal note:No mediation

 Section 36.1 of the Canada Transportation Act does not apply to a proceeding before the Agency under this Act.

Marginal note:Determination final

 A determination made by the Agency under this Act is final and sections 32, 40 and 41 of the Canada Transportation Act do not apply in respect of it.

Marginal note:No policy directions issued to Agency

 Sections 24 and 43 of the Canada Transportation Act do not apply in respect of the powers, duties and functions of the Agency under this Act.

Collection and Remittance

The following provision is not in force.

Marginal note:Duty to collect

  • The following provision is not in force.

     (1) An air carrier must collect, on behalf of the designated screening authority, a charge imposed under paragraph 24(1)(a) at the time a ticket is issued by or on behalf of the air carrier.

  • The following provision is not in force.

    Marginal note:Requirement

    (2) A charge that is collected under subsection (1) must be identified on the ticket as a separate charge.

The following provision is not in force.

Marginal note:Duty to remit

 An air carrier that collects a charge under section 37 must remit the charge, in its entirety, to the designated screening authority within any reasonable time and in any reasonable manner specified by the designated screening authority.

The following provision is not in force.

Marginal note:Charge revised after paid

 If the amount of a charge imposed under paragraph 24(1)(a) increases after the day on which it is paid by or in respect of a passenger, no additional amount is required to be paid. If the amount of a charge decreases or the charge is terminated after that day, a refund is not required to be issued.

The following provision is not in force.

Marginal note:Refund

 The designated screening authority may refund a charge imposed under paragraph 24(1)(a). The payment of any refund may only be made, on behalf of the designated screening authority, by the air carrier that collected the charge.

Seizure and Detention of Aircraft

The following provision is not in force.

Marginal note:Seizure and detention of aircraft

  • The following provision is not in force.

     (1) In addition to any other remedy available for the collection of charges that an air carrier has failed to collect in accordance with section 37 or remit to the designated screening authority in accordance with section 38 and whether or not a judgment for the collection of the charges has been obtained, the designated screening authority may apply to the superior court of the province in which any aircraft owned or operated by the air carrier liable to collect and remit the charges is situated for an order, issued on any terms that the court considers appropriate, authorizing the designated screening authority to seize and detain that aircraft until the charges are remitted or a bond, suretyship or other security for the unpaid and overdue amount in a form satisfactory to the designated screening authority is deposited with the designated screening authority.

  • The following provision is not in force.

    Marginal note:Application ex parte

    (2) An application for an order referred to in subsection (1) may be made ex parte if the designated screening authority has reason to believe that the air carrier is about to take from Canada any aircraft owned or operated by it.

  • The following provision is not in force.

    Marginal note:Release

    (3) The designated screening authority must release from detention an aircraft seized under this section if

    • The following provision is not in force.

      (a) the amount in respect of which the seizure was made is paid;

    • The following provision is not in force.

      (b) a bond, suretyship or other security in a form satisfactory to the designated screening authority for the amount in respect of which the seizure was made is deposited with the designated screening authority; or

    • The following provision is not in force.

      (c) an order of a superior court directs the designated screening authority to do so.

The following provision is not in force.

Marginal note:Exempt aircraft

  • The following provision is not in force.

     (1) An order issued under section 41 does not apply if the aircraft is exempt from seizure under the laws of the province in which the court that issued the order is situated.

  • The following provision is not in force.

    Marginal note:State aircraft are exempt

    (2) State aircraft are exempt from seizure and detention under an order issued under section 41.

Enforcement

Marginal note:Court order — section 12

 On application by a current or former member, director or officer of the designated screening authority or any other person who, in the discretion of the court, is a proper person to make an application, a superior court may, if it is satisfied that the designated screening authority has contravened any of subsections 12(1) to (3), make any order that it considers appropriate in the circumstances, including an order requiring the designated screening authority to amend its articles of incorporation or by-laws or an order appointing directors in place of any of the directors then in office.

The following provision is not in force.

Marginal note:Court order — direction

 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening a direction issued under subsection 16(1), make an order directing the designated screening authority to comply with the direction. The court may also make any other order that it considers appropriate in the circumstances.

The following provision is not in force.

Marginal note:Court order — subsection 18(1)

 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening subsection 18(1), make an order directing the designated screening authority to comply with that subsection. The court may also make any other order that it considers appropriate in the circumstances.

The following provision is not in force.

Marginal note:Offence — section 23

 Every person who contravenes section 23 is guilty of an offence punishable on summary conviction and is liable

  • The following provision is not in force.

    (a) in the case of an individual, to a fine of not more than $5,000; or

  • The following provision is not in force.

    (b) in the case of a corporation, to a fine of not more than $25,000 for each day or part of a day that the offence continues.

Marginal note:Offence — direction

  • The following provision is not in force.

     (1) If the designated screening authority contravenes a direction issued under subsection 16(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues.

  • Marginal note:Offence — subsection 29(1)

    (2) If the designated screening authority contravenes subsection 29(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues.

Marginal note:Due diligence

 A person is not to be found guilty of an offence under section 46 or 47 if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Imprisonment precluded

 If a person is convicted of an offence under section 46 or 47, imprisonment is not to be imposed in default of payment of any fine imposed as punishment in relation to the offence.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) designating aerodromes for the purposes of this Act;

  • (b) prescribing persons or categories of persons for the purposes of paragraph 24(2)(d) or subsection 24(3);

  • (c) respecting the collection of charges under section 37 and the remittance of charges under section 38;

  • (d) requiring the designated screening authority to provide the Minister with any information that the Minister may request; and

  • (e) generally for carrying out the purposes and provisions of this Act.

 
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