Aeronautics Act

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.