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

Marginal note:Foreign states requiring information

• 4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is due to land in a foreign state or fly over the United States and land outside Canada or of a Canadian aircraft departing from any place outside Canada that is due to land in a foreign state or fly over the United States may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in the operator’s control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.

• Marginal note:Notice

  (1.1) The operator of an aircraft that is due to fly over, but not land in, the United States must notify all persons who are on board or expected to be on board the aircraft that information relating to them may be provided to a competent authority in the United States in accordance with subsection (1).

• Marginal note:Restriction — government institutions

  (2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations

  • (a) respecting the type or classes of information that may be provided; or

  • (b) specifying the foreign states to which information may be provided.

• Marginal note:Review and report

  (4) The Committee of the House of Commons responsible for transport matters must,

  • (a) within two years after the day on which this subsection comes into force and every five years thereafter, commence a comprehensive review of the provisions and operation of this section, and complete the review within one year; and

  • (b) within three months after the day on which the review is completed, submit a report to the House of Commons setting out its findings.

Screenings

Marginal note:Designation of persons to conduct

4.84 The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify.

Marginal note:Prohibition — persons and goods

• 4.85 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a person shall not enter or remain in an aircraft or in an aviation facility or a restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure, emergency direction or interim order, as the case may be, of

  • (a) his or her person; or

  • (b) the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome.

• Marginal note:Prohibition — conveyances

  (2) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a conveyance to be screened, an operator of a conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.

• Marginal note:Prohibition relating to air carriers

  (3) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.

• Marginal note:Prohibition relating to persons who accept goods for transportation

  (4) A person who accepts any goods for transportation shall not tender the goods for transportation by air unless the person has screened the goods as may be required by any aviation security regulation, security measure, emergency direction or interim order, as the case may be.

Air Carrier and Aerodrome Assessments

Marginal note:Assessment

4.86 The Minister may conduct aviation security assessments outside Canada of air carriers that operate or intend to operate flights to Canada or of facilities relating to the operations of those air carriers.

Verifying Compliance and Testing Effectiveness

Marginal note:No offence

4.87 A person authorized by the Minister to verify compliance with aviation security regulations, security measures, emergency directions or interim orders, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of an aviation security regulation, a security measure, an emergency direction or an interim order.

General Regulatory Powers

Marginal note:Regulations respecting aeronautics

4.9 The Governor in Council may make regulations respecting aeronautics and, without restricting the generality of the foregoing, may make regulations respecting

• (a) the accreditation or licensing of

  • (i) flight crew members, air traffic controllers, operators of equipment used to provide services relating to aeronautics and other persons providing services relating to aeronautics, and

  • (ii) persons engaged in the design, manufacture, distribution, maintenance, approval, certification or installation of aeronautical products and the installation, maintenance, approval and certification of equipment used to provide services relating to aeronautics;

• (b) the design, manufacture, distribution, maintenance, approval, installation, inspection, registration, licensing, identification and certification of aeronautical products;

• (c) the design, installation, inspection, maintenance, approval and certification of equipment and facilities used to provide services relating to aeronautics;

• (d) the approval of flight training equipment;

• (e) activities at aerodromes and the location, inspection, certification, registration, licensing and operation of aerodromes;

• (f) noise emanating from aerodromes and aircraft;

• (g) the certification of air carriers;

• (h) the conditions under which aircraft may be used or operated or under which any act may be performed in or from aircraft;

• (i) the conditions under which persons or personal belongings, baggage, goods or cargo of any kind may be transported by aircraft;

• (j) the areas within which aircraft coming from outside Canada are to land and the conditions to which such aircraft are subject;

• (k) the classification and use of airspace and the control and use of aerial routes;

• (k.1) the prohibition of the development or expansion of aerodromes or any change to the operation of aerodromes;

• (k.2) the consultations that must be carried out by the proponent of an aerodrome before its development or by the operator of an aerodrome before its expansion or any change to its operation;

• (l) the prohibition of the use of airspace or aerodromes;

• (m) the prohibition of the doing of any other act or thing in respect of which regulations under this Part may be made;

• (n) the enforcement of such laws as may be deemed necessary for the safe and proper operation of aircraft;

• (o) the use and operation of any objects that in the opinion of the Minister are likely to be hazardous to aviation safety;

• (p) the preservation, protection and removal of aircraft involved in accidents, personal belongings, baggage, goods, cargo of any kind thereon, and of any records pertaining to the aircraft or its flight, the preservation, protection, removal and testing of any part of such aircraft and the protection of sites of aircraft accidents;

• (q) the investigation of any accident involving an aircraft, any alleged contravention under this Part or any incident involving an aircraft that, in the opinion of the Minister, endangered the safety of persons;

• (r) the taking of statements by investigators for the purpose of an investigation referred to in paragraph (q);

• (s) the keeping and preservation of records and documents relating to aerodromes, to activities, with respect to aeronautics, of persons who hold Canadian aviation documents and to aeronautical products and equipment and facilities used to provide services relating to aeronautics;

• (t) the handling, marking, storage and delivery of fuel and any lubricants or chemicals used during or in connection with the operation of aircraft;

• (u) the provision of facilities, services and equipment relating to aeronautics;

• (v) the provision of aviation weather services by persons other than Her Majesty in right of Canada; and

• (w) the application of the Convention on International Civil Aviation signed at Chicago, 7 December 1944, as amended from time to time.