PART I — Aeronautics

Prohibitions, Offences and Punishment

7.3Prohibitions history

(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;

(d.1)

except as authorized under this Part and subject to subsection (1.1), intentionally interfere with the operation of a remotely piloted aircraft system, or with the performance of the duties of any crew member of a remotely piloted aircraft system, while the system is powered on;

(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.

Exception — authorized activities

(1.1)

Paragraph (1)(d.1) does not apply to a person who is carrying out activities that they are authorized to carry out for the purpose of defence.

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.

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.

(3.1)

[Repealed, 2026, c. 3, s. 478]

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 $150,000 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.

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 $1,500,000.

Punishment — ANS Corporation

(5.1)

Despite subsection (5), if 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 $1,500,000 for each day or part of a day the offence continues.

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.

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).

(7.1)

[Repealed, 2026, c. 3, s. 478]

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.

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.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 16; 1996, c. 20, s. 103; 2004, c. 15, s. 15; 2026, c. 3, s. 478

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7.31Continuing offence history

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.

1992, c. 4, s. 17

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7.4Court may order forfeiture history

(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.

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).

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.

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.

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.

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.

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.

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.

R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 16

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7.41Prohibition — unruly or dangerous behaviour history

(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.

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.

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.

Application

(4)

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

2004, c. 15, s. 17

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7.42Authorization — interference history

(1)

The Minister may, on any terms that the Minister considers appropriate, authorize any person or class of persons to interfere with the operation of a remotely piloted aircraft system or with the performance of the duties of any crew member of a remotely piloted aircraft system if the issuance of authorization is, in the Minister’s opinion, in the public interest or necessary for aviation safety or security.

Suspension, cancellation or amendment

(2)

The Minister may suspend, cancel or amend an authorization if the suspension, cancellation or amendment is, in the Minister’s opinion, in the public interest or necessary for aviation safety or security.

2026, c. 3, s. 479

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7.5Prohibition by court history

(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]

R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 144(F), c. 4, s. 18

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7.51Vicarious liability — owners of aircraft history

If a person may be charged with and found guilty of an offence under this Part relating to an aircraft, the registered owner of the aircraft may be charged with and found guilty of the offence — whether or not the person is identified or prosecuted for the offence — unless, at the time of the offence, the aircraft was in the possession of a person other than the owner without the owner’s consent.

2026, c. 3, s. 480

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7.52Vicarious liability — operators of aircraft history

If a person may be charged with and found guilty of an offence under this Part relating to an aircraft, the operator of the aircraft may be charged with and found guilty of the offence — whether or not the person is identified or prosecuted for the offence — unless, at the time of the offence, the aircraft was in the possession of a person other than the operator without the operator’s consent.

2026, c. 3, s. 480

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7.53Vicarious liability — pilots-in-command history

If a crew member may be charged with and found guilty of an offence under this Part relating to an aircraft, the pilot-in-command of the aircraft may be charged with and found guilty of the offence — whether or not the crew member is identified or prosecuted for the offence — unless the offence was committed without the consent of the pilot-in-command.

2026, c. 3, s. 480

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7.54Proof of offence history

In a prosecution of any of the following persons for an offence under this Part, it is sufficient proof of the offence to establish that the act or omission that constitutes the offence was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or prosecuted for the offence:

(a)

the registered owner of an aircraft;

(b)

the operator of an aircraft;

(c)

the operator of an aerodrome or other aviation facility;

(d)

an air traffic service provider;

(e)

an organization that holds a Canadian aviation document authorizing the maintenance of an aeronautical product or the provision of a maintenance service.

2026, c. 3, s. 480

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7.55Exceptions history

Sections 7.51 to 7.54 do not apply to an offence relating to a contravention of subsection 7.3(1) or 7.41(1).

2026, c. 3, s. 480

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7.56Due diligence defence history

(1)

A person is not to be found guilty of an offence under this Part if they establish that they exercised all due diligence to prevent the commission of the offence.

Exceptions

(2)

Subsection (1) does not apply to an offence relating to a contravention of subsection 7.3(1) or 7.41(1).

2026, c. 3, s. 480

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