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

Prohibitions, Offences and Punishment

Marginal note:Prohibitions

• 7.3 (1) No person shall

  • (a) knowingly make any false representation for the purpose of obtaining a Canadian aviation document or any privilege accorded thereby;

  • (b) wilfully destroy any document required under this Part to be kept;

  • (c) make or cause to be made any false entry in a record required under this Part to be kept with intent to mislead or wilfully omit to make any entry in any such record;

  • (d) wilfully obstruct any person who is performing duties under this Part;

  • (e) except as authorized under this Part, wilfully operate or otherwise deal with an aircraft that has been detained under this Part;

  • (f) wilfully do any act or thing in respect of which a Canadian aviation document is required except under and in accordance with the required document; or

  • (g) wilfully do any act or thing in respect of which a Canadian aviation document is required where

    • (i) the document that has been issued in respect of that act or thing is suspended, or

    • (ii) an order referred to in subsection 7.5(1) prohibits the person from doing that act or thing.

• Marginal note:Contravention of subsection (1)

  (2) Every person who contravenes subsection (1) is guilty of

  • (a) an indictable offence; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Contravention of Part, regulation, etc.

  (3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part is guilty of an offence punishable on summary conviction.

• Marginal note:Contravention of subsection 4.81(1)

  (3.1) Despite subsections (4) and (5), every air carrier or operator of an aviation reservation system who fails to comply with a requirement under subsection 4.81(1) or 4.82(4) or (5) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000.

• Marginal note:Punishment, individuals

  (4) An individual who is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding five thousand dollars and, in the case of an offence referred to in subsection (1), to imprisonment for a term not exceeding one year or to both fine and imprisonment.

• Marginal note:Punishment, corporations

  (5) A corporation that is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding twenty-five thousand dollars.

• Marginal note:Punishment — ANS Corporation

  (5.1) Notwithstanding subsection (5), where the ANS Corporation is convicted of contravening an order made under subsection 4.91(1), the ANS Corporation is liable to a fine not exceeding $25,000 for each day or part of a day the offence continues.

• Marginal note:Punishment, subsequent offences

  (6) Where a person is convicted of a second or subsequent offence under this Part, the fine shall not be less than two hundred and fifty dollars.

• Marginal note:Imprisonment precluded in certain cases

  (7) Where a person is convicted of an offence under this Part punishable on summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment unless the offence is an offence referred to in subsection (1).

• Marginal note:Idem

  (7.1) Where a person is proceeded against under section 8.4 and is convicted of an offence under this Part, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment in relation to the offence.

• Marginal note:Recovery of fines

  (8) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction shall be registered in the court and when registered has the same force and effect, and all proceedings may be taken thereon, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.

• Marginal note:Recovery of costs and charges

  (9) All reasonable costs and charges attendant on the registration of the conviction are recoverable in like manner as if they had been registered as part of the conviction.

Marginal note:Continuing offence

7.31 Where an offence under this Part is committed or continued on more than one flight or segment of a flight, it shall be deemed to be a separate offence for each flight or segment of a flight on which the offence is committed or continued.

Marginal note:Court may order forfeiture

• 7.4 (1) Where a person is convicted on indictment of an offence referred to in paragraph 7.3(1)(f) or (g) in relation to the operation of a commercial air service, the court may, in addition to any other punishment it may impose, order that any aircraft used in the commercial air service be forfeited and, on the making of such an order, the aircraft is forfeited to Her Majesty in right of Canada.

• Marginal note:Application by person claiming interest

  (2) Where any aircraft is forfeited under subsection (1), any person, in this section referred to as the “applicant”, other than a person convicted of the offence that resulted in the forfeiture, who claims an interest in the aircraft may, within 30 days after the forfeiture, apply by notice in writing to a judge of the superior court of the province where the aircraft is situated for an order under subsection (5).

• Marginal note:Date of hearing

  (3) A judge to whom an application is made under subsection (2) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof.

• Marginal note:Notice

  (4) An applicant shall serve a notice of the application and of the day fixed for the hearing of the application on the Minister at least fifteen days before the day so fixed.

• Marginal note:Order by judge

  (5) Where, on the hearing of an application, the judge is satisfied that the applicant

  • (a) is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted thereof, and

  • (b) exercised reasonable care to satisfy himself or herself that the aircraft concerned was not likely to be used in contravention of this Part or any regulation, notice, order, security measure or emergency direction made under this Part,

  the applicant is entitled to an order by the judge declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of that interest.

• Marginal note:Appeal

  (6) An appeal from an order or refusal to make an order under subsection (5) lies to the court to which an appeal may be taken from an order of the superior court in the province in which the forfeiture occurred and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court from orders or judgments of a judge of the superior court.

• Marginal note:Application to Minister

  (7) The Minister shall, on application made to the Minister by any person who has obtained an order under subsection (5),

  • (a) direct that the aircraft to which the interest of the applicant relates be returned to the applicant; or

  • (b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

• Marginal note:Disposal of forfeited aircraft

  (8) Where no application is made under this section for an order in relation to an interest in a forfeited aircraft or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (5), the aircraft shall be disposed of in such manner as the Minister may direct.

Marginal note:Prohibition — unruly or dangerous behaviour

• 7.41 (1) No person shall engage in any behaviour that endangers the safety or security of an aircraft in flight or of persons on board an aircraft in flight by intentionally

  • (a) interfering with the performance of the duties of any crew member;

  • (b) lessening the ability of any crew member to perform that crew member’s duties; or

  • (c) interfering with any person who is following the instructions of a crew member.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable

  • (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; and

  • (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than eighteen months, or to both.

• Marginal note:Deeming — “in flight”

  (3) For the purpose of subsection (1), an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the time at which any external door is opened for the purpose of disembarkation.

• Marginal note:Application

  (4) This section applies despite subsections 7.3(4) and (7).

Marginal note:Prohibition by court

• 7.5 (1) Where a person is convicted of an offence under this Part, the court may, in addition to any other punishment it may impose, make an order

  • (a) where the person is the holder of a Canadian aviation document or is the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document was issued, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for such period or at such times and places as may be specified in the order; or

  • (b) prohibiting the person from operating an aircraft or providing services essential to the operation of an aircraft for such period or at such times and places as may be specified in the order.

• (2) to (4) [Repealed, 1992, c. 4, s. 18]

Procedure Pertaining to Certain Contraventions

Marginal note:Designation of provisions

• 7.6 (1) The Governor in Council may, by regulation,

  • (a) designate any provision of this Part or of any regulation, notice, order or security measure made under this Part, or any provision of the Secure Air Travel Act or of any regulation or direction made under that Act, in this section and in sections 7.7 to 8.2 referred to as a “designated provision”, as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2;

  • (a.1) if subsection 4.81(1) or 4.82(4) or (5) is a designated provision, prescribe the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed $50,000; and

  • (b) prescribe, in respect of any other designated provision, the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed

    • (i) $5,000, in the case of an individual, and

    • (ii) $25,000, in the case of a corporation.

• Marginal note:Non-application of summary conviction procedure

  (2) A person who contravenes a designated provision is guilty of an offence and liable to the punishment imposed in accordance with sections 7.7 to 8.2 and no proceedings against the person shall be taken by way of summary conviction.

Marginal note:Notice of assessment of monetary penalty

• 7.7 (1) If the Minister believes on reasonable grounds that a person has contravened a designated provision, the Minister may decide to assess a monetary penalty in respect of the alleged contravention, in which case the Minister shall, by personal service or by registered or certified mail sent to the person at their latest known address, notify the person of his or her decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall be in a form prescribed by regulation of the Governor in Council and shall, in addition to any other information that may be prescribed, indicate

  • (a) the designated provision that the Minister believes has been contravened;

  • (b) subject to any regulations made under paragraph 7.6(1)(b), the amount that is determined by the Minister, in accordance with any guidelines that the Minister may make for the purpose, to be the amount that must be paid to the Minister as the penalty in the event that the person does not wish to appear before a member of the Tribunal assigned to conduct a review to make representations in respect of the alleged contravention; and

  • (c) the address at which, and the date, being thirty days after the notice is served or sent, on or before which, the penalty must be paid or a request for a review must be filed.