AvRegs Canada

← Aeronautics Act

PART I — Aeronautics

General Regulatory Powers

Regulations — General

4.9Regulations respecting aeronautics history

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.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 7; 2014, c. 39, s. 144

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4.901Contents of regulations history

Without limiting the generality of section 4.9, regulations may be made under that section

(a)

requiring a person or class of persons having aviation safety responsibilities to develop and document safety management systems or other systems in relation to aviation safety and to keep them up to date;

(b)

requiring a person or class of persons having aviation safety responsibilities to develop and document processes, procedures, programs or plans in relation to aviation safety and to keep them up to date;

(c)

requiring a person or class of persons having aviation safety responsibilities to develop documents, such as manuals, in relation to aviation safety and to keep them up to date;

(d)

respecting the content and requirements of a system, process, procedure, program, plan or document referred to in any of paragraphs (a) to (c); and

(e)

requiring a person or class of persons having aviation safety responsibilities to comply with the provisions or requirements of a system, process, procedure, program, plan or document referred to in any of paragraphs (a) to (c).

2026, c. 3, s. 471

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Civil Air Navigation Service Level

4.91Regulations history
(1)

The Governor in Council may make regulations authorizing the Minister to make orders directing the ANS Corporation to maintain or increase the level of civil air navigation services it provides in accordance with such terms and conditions as may be specified in the orders.

Order must relate to safety

(2)

The Minister may make an order under subsection (1) only if the Minister is of the opinion that the order is necessary for aviation safety or the safety of the public.

No compensation

(3)

The ANS Corporation is not entitled to financial compensation for any financial losses that result or may result from the Minister making an order under subsection (1).

Exemption

(4)

An order under subsection (1) is exempt from examination, registration and publication under the Statutory Instruments Act.

1996, c. 20, s. 101; 2017, c. 26, s. 3(E)

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Hours of Work and Insurance

5Hours of work limitation and insurance history

The Governor in Council may make regulations

(a)

limiting the hours of work of crew members of any aircraft operated by air carriers and of crew members of any aircraft used for carrying passengers;

(b)

requiring owners and operators of aircraft to subscribe for and carry liability insurance and specifying the minimum amount of that insurance if the owners and operators are not required by regulations made by the Canadian Transportation Agency to subscribe for and carry liability insurance; and

(c)

requiring persons providing aeronautical radio navigation services, within the meaning of subsection 2(1) of the Civil Air Navigation Services Commercialization Act, to subscribe for and carry liability insurance and specifying the minimum amount of that insurance.

R.S., 1985, c. A-2, s. 5; R.S., 1985, c. 33 (1st Supp.), s. 1, c. 28 (3rd Supp.), s. 359; 1992, c. 4, s. 8; 1996, c. 10, s. 204, c. 20, s. 102

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Prohibitions and Restrictions on the Operation of Aircraft

5.1Restrictions and prohibitions for safety or security purposes history

The Minister or any person authorized by the Minister may by notice prohibit or restrict the operation of aircraft on or over any area or within any airspace, either absolutely or subject to any exceptions or conditions that the Minister or person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary for aviation safety or security or the protection of the public.

R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 8

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Systems, Processes, Procedures, Programs, Plans and Documents

5.11Definition of regulatory requirement history

In sections 5.12 to 5.14, regulatory requirement means a requirement of a regulation made under subsection 4.71(1) or section 4.9 or a requirement of a security measure.

2026, c. 3, s. 474

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5.12Notice — deficiencies history

If a person has developed and is keeping up to date a system, process, procedure, program, plan or document under a regulatory requirement and the Minister is of the opinion that the system, process, procedure, program, plan or document has deficiencies that risk compromising aviation safety or security, the Minister may, by notice sent to the person, require the person to take the necessary corrective measures within a period specified by the Minister.

2026, c. 3, s. 474

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5.13Notice — operations history

If a person has developed and is keeping up to date a system, process, procedure, program, plan or document under a regulatory requirement and the Minister is of the opinion that the person is carrying out an operation referred to in that system, process, procedure, program, plan or document in a manner that risks compromising aviation safety or security, the Minister may, by notice sent to the person, require the person to take the necessary corrective measures within a period specified by the Minister.

2026, c. 3, s. 474

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5.14Statutory Instruments Act history

The Statutory Instruments Act does not apply to the following documents:

(a)

a document developed for the purpose of documenting a system, process, procedure, program or plan under a regulatory requirement;

(b)

a document developed under a regulatory requirement;

(c)

a document the provisions or requirements of which a person is to comply with under a regulatory requirement; and

(d)

a notice referred to in section 5.12 or 5.13.

2026, c. 3, s. 474

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Radiocommunication Act and Explosives Act

5.2Relationship to Radiocommunication Act history

Regulations made under this Part respecting

(a)

aeronautical products or equipment or facilities used to provide services relating to aeronautics,

(b)

persons who operate or are engaged in the design, installation, inspection, maintenance, approval and certification of aeronautical products, equipment or facilities, or

(c)

the provision of information services in relation to the operation of aircraft or conditions of flight

are in addition to and not in derogation of the provisions of the Radiocommunication Act and regulations made under that Act and, where there is any conflict between any regulation made under this Part and any regulation made under the Radiocommunication Act, the regulation made under the Radiocommunication Act prevails.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1989, c. 17, ss. 8, 15; 1992, c. 4, s. 9(F)

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5.3Relationship to Explosives Act history

Regulations made under this Part respecting the use and operation of rockets are in addition to and not in derogation of the provisions of the Explosives Act and regulations made thereunder and, where there is any conflict between any regulation respecting rockets made under this Part and any regulation made under the Explosives Act, the regulation made under the Explosives Act prevails.

R.S., 1985, c. 33 (1st Supp.), s. 1

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