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

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• (2) to (4) [Repealed, 1992, c. 4, s. 18]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

Marginal note:Option

7.8 A person who has been served with or sent a notice under subsection 7.7(1) must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.

Marginal note:Payment of specified amount precludes further proceedings

7.9 If a person who is served with or sent a notice under subsection 7.7(1) pays the amount specified in the notice in accordance with the requirements set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention by that person of the designated provision and no further proceedings under this Part shall be taken against the person in respect of that contravention.

Marginal note:Request for review of determination

• 7.91 (1) A person who is served with or sent a notice under subsection 7.7(1) and who wishes to have the facts of the alleged contravention or the amount of the penalty 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 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:Burden of proof

  (4) The burden of establishing that a person has contravened a designated provision is on the Minister.

• Marginal note:Person not compelled to testify

  (5) A person who is alleged to have contravened a designated provision is not required, and shall not be compelled, to give any evidence or testimony in the matter.

Marginal note:Certificate

7.92 If a person fails to pay the amount of the penalty specified in a notice under subsection 7.7(1) within the time specified in the notice and does not file a request for a review under subsection 7.91(1), the person is deemed to have committed the contravention alleged in the notice, and the Minister may obtain from the Tribunal a certificate in a form prescribed by the Governor in Council that indicates the amount of the penalty specified in the notice.

Marginal note:Determination by Tribunal member

8 If, at the conclusion of a review under section 7.91, the member of the Tribunal who conducts the review determines that

• (a) the person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention; or

• (b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, where the amount is not paid to the Tribunal by or on behalf of the person within such time as the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in such form as the Governor in Council may by regulation prescribe, setting out the amount required to be paid by the person.