Bill C-28: An Act to amend the Aeronautics Act and other Acts

Short Title Short title 1 This Act may be cited as the Canadian Space Launch Act . R.S., c. A- 2 Aeronautics Act 2 The heading before section 3 of the Aeronautics Act is replaced by the following: Interpretation and General Provisions Interpretation 3 (1) The definitions aircraft and airport in subsection 3(1) of the Act are replaced by the following: aircraft  means any machine capable of deriving support in the atmosphere from reactions of the air, and includes a launch vehicle and a re-entry vehicle ; ( aéronef ) airport  means an aerodrome in respect of which a Canadian aviation document is in force, other than a certified launch site or certified re-entry site as defined in subsection 5.4(1) ; ( aéroport ) (2) Subsection 3(3) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (d): (e) a permit or notice of determination issued by the Minister relating to the launch of a launch vehicle from within Canada; (f) a permit or notice of determination issued by the Minister relating to the re-entry into Canada of a re-entry vehicle; (g) a certificate issued by the Minister relating to the use of an aerodrome for the launch of a launch vehicle from within Canada; and (h) a certificate issued by the Minister relating to the use of an aerodrome for the re-entry into Canada of a re-entry vehicle. 4 The Act is amended by adding the following before the heading “PART I”: General Provisions Regulations 3. 1 The Governor in Council may make regulations defining “launch”, “launch vehicle” and “re-entry vehicle” for the purposes of this Act. Transitional definitions 3.2 (1) The following definitions apply in this Act. launch vehicle  means (a) a rocket; or (b) a vehicle, other than a rocket, that is designed to ascend to Earth orbit or beyond. ( véhicule de lancement ) re-entry vehicle  means a vehicle that is designed to be returned by its operator, substantially intact, from Earth orbit or beyond to Earth. ( véhicule de rentrée atmosphérique ) Repeal (2) This section is repealed. Coming into force (3) Subsection (2) comes into force on the day on which a regulation made under section 3.1 that defines both “launch vehicle” and “re-entry vehicle” comes into force. 5 The Act is amended by adding the following after section 4.32: Indemnification of owners and operators 4. 33 Subject to any regulations made under paragraph 5(b.3), the Minister may, if of the opinion that it is in the public interest to do so, indemnify the owner or operator, or both, of a launch vehicle or re-entry vehicle against their liability to third parties for loss or damage caused by a launch of the launch vehicle or re-entry of the re-entry vehicle that is carried out under this Act, on any terms and conditions that the Minister considers to be in the public interest. Indemnification of Government of Canada 4. 34 The Minister may require, in accordance with any regulations made under paragraph 5(b.4), the owner or operator, or both, of a launch vehicle or re-entry vehicle to indemnify the Government of Canada against any liability to third parties for loss or damage — including in the event of a claim arising out of the Convention on International Liability for Damage Caused by Space Objects, which entered into force on September 1, 1972, as amended from time to time — that is caused by a launch of the launch vehicle or re-entry of the re-entry vehicle that is carried out under this Act. 6 Section 4.76 of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) the stopping of the launch of a launch vehicle or the re-entry of a re-entry vehicle or the stopping of any activity related to a launch or re-entry. 7 (1) Section 4.9 of the Act is amended by adding the following after paragraph (e): (e.1) the issuance by the Minister of certificates relating to the use of aerodromes for the launch of launch vehicles from within Canada or the re-entry into Canada of re-entry vehicles, and the renewal, amendment, suspension, transfer or cancellation of those certificates by the Minister; (2) Section 4.9 of the Act is amended by adding the following after subsection (h): (h.1) the issuance by the Minister of permits or notices of determination relating to the launch of launch vehicles from within Canada or the re-entry into Canada of re-entry vehicles, and the renewal, amendment, suspension, transfer or cancellation of those permits or notices by the Minister; (3) Section 4.9 of the Act is amended striking out “and” at the end of paragraph (v) and by replacing paragraph (w) by the following: (w) the application of any international convention, agreement or arrangement to which Canada is a party, including the Convention on International Civil Aviation signed at Chicago, 7 December 1944, as amended from time to time; and (x) the application of international standards. 8 Paragraph 5(b) of the Act is replaced by the following: (b) requiring owners and operators of aircraft, other than launch vehicles and re-entry vehicles , 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; (b.1) respecting the financial responsibility of operators of launch vehicles or re-entry vehicles for liability to third parties for loss or damage caused by a launch or re-entry that is carried out under this Act and the minimum amount of an operator’s financial responsibility; (b.2) defining “financial responsibility” for the purposes of paragraph (b.1) and subsection 5.9(2.2); (b.3) respecting the indemnification of owners and operators under section 4.33; (b.4) respecting the indemnification of the Government of Canada under section 4.34; and 9 Section 5.3 of the Act and the heading after it are replaced by the following: Relationship to Explosives Act 5. 3 Regulations made under this Part respecting the use and operation of launch vehicles or re-entry vehicles are in addition to and not in derogation of the provisions of the Explosives Act and regulations made under it and, if there is any conflict between any regulation respecting launch vehicles or re-entry vehicles made under this Part and any regulation made under the Explosives Act , the regulation made under the Explosives Act prevails. Airport, Certified Launch Site and Certified Re-entry Site Zoning 10 (1) Subsection 5.4(1) of the Act is amended by adding the following in alphabetical order: certified launch site  means an aerodrome in respect of which there is in force a certificate issued by the Minister under this Part authorizing the use of the aerodrome for the launch of a launch vehicle from within Canada; ( zone de lancement certifiée ) certified re-entry site  means an aerodrome in respect of which there is in force a certificate issued by the Minister under this Part authorizing the use of the aerodrome for the re-entry into Canada of a re-entry vehicle; ( zone de rentrée atmosphérique certifiée ) designated launch site  means any land that is not part of an existing certified launch site, is declared by order of the Governor in Council to be required for use as a certified launch site and meets one of the following requirements: (a) the title to the land is vested in or the land otherwise belongs to His Majesty in right of Canada, or (b) a notice of intention to expropriate the land under section 5 of the Expropriation Act has been registered; ( zone de lancement désignée ) designated re-entry site  means any land that is not part of an existing certified re-entry site, is declared by order of the Governor in Council to be required for use as a certified re-entry site and meets one of the following requirements: (a) the title to the land is vested in or the land otherwise belongs to His Majesty in right of Canada, or (b) a notice of intention to expropriate the land under section 5 of the Expropriation Act has been registered; ( zone de rentrée atmosphérique désignée ) (2) Paragraph 5.4(2)(b) of the Act is replaced by the following: (a.1) preventing lands adjacent to or in the vicinity of a designated launch site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the operation of a certified launch site; (a.2) preventing lands adjacent to or in the vicinity of a designated re-entry site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the operation of a certified re-entry site; (b) preventing lands adjacent to or in the vicinity of an airport or airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the safe operation of an airport or of aircraft other than launch vehicles or re-entry vehicles ; (b.1) preventing lands adjacent to or in the vicinity of a certified launch site or designated launch site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the safe operation of a certified launch site or a launch vehicle; (b.2) preventing lands adjacent to or in the vicinity of a certified re-entry site or designated re-entry site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the safe operation of a certified re-entry site or a re-entry vehicle; and (3) Section 5.4 of the Act is amended by adding the following after subsection (3): Conditions precedent — paragraph (2)(a.1) (3.1) The Governor in Council shall not make a zoning regulation under paragraph (2)(a.1) unless (a) the Minister, after making a reasonable attempt to do so, has been unable to reach an agreement with the government of the province in which the lands to which the zoning regulation applies are situated providing for the use or development of the lands in a manner that is compatible with the operation of a certified launch site; or (b) in the opinion of the Minister, it is necessary to immediately prevent the use or development of the lands to which the zoning regulation applies in a manner that is incompatible with the operation of a certified launch site. Conditions precedent — paragraph (2)(a.2) (3.2) The Governor in Council shall not make a zoning regulation under paragraph (2)(a.2) unless (a) the Minister, after making a reasonable attempt to do so, has been unable to reach an agreement with the government of the province in which the lands to which the zoning regulation applies are situated providing for the use or development of the lands in a manner that is compatible with the operation of a certified re-entry site; or (b) in the opinion of the Minister, it is necessary to immediately prevent the use or development of the lands to which the zoning regulation applies in a manner that is incompatible with the operation of a certified re-entry site. 11 (1) Subsection 5.81(1) of the Act is replaced by the following: Agreements with a provincial authority — airports and airport sites 5.81 (1) The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate, in the same manner and to the same extent as it may regulate the use of lands within its jurisdiction, the use of lands adjacent to or in the vicinity of an airport or airport site that are not the subject of regulations made under subsection 5.4(2), for the purpose of ensuring that that use is not incompatible with the safe operation of an airport or of aircraft other than launch vehicles or re-entry vehicles . Agreements with a provincial authority — launch sites (1.1) The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate, in the same manner and to the same extent as it may regulate the use of lands within its jurisdiction, the use of lands adjacent to or in the vicinity of a certified launch site or designated launch site that are not the subject of regulations made under subsection 5.4(2), for the purpose of ensuring that that use is not incompatible with the safe operation of a certified launch site or a launch vehicle. Agreements with a provincial authority — re-entry sites (1.2) The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate, in the same manner and to the same extent as it may regulate the use of lands within its jurisdiction, the use of lands adjacent to or in the vicinity of a certified re-entry site or designated re-entry site that are not the subject of regulations made under subsection 5.4(2), for the purpose of ensuring that that use is not incompatible with the safe operation of a certified re-entry site or a re-entry vehicle. (2) Subsections 5.81(2) and (3) of the English version of the Act are replaced by the following: Saving (2) Subsections 5.4(3) to (5) and sections 5.5 to 5.7 do not apply in respect of lands that are the subject of an agreement made under any of subsections (1) to (1.2) , during the period in which the agreement remains in effect. Contravention (3) Every person who contravenes a regulation or other measure established by a provincial authority under an agreement referred to in any of subsections (1) to (1.2) is guilty of an offence punishable on summary conviction. 12 Subsection 5.9(2) of the Act is replaced by the following: Exemption by Minister (2) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or officer, as the case may be, considers necessary, exempt any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part — other than a regulation made under paragraph 5(b.1) — if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security. Exemption by Minister — regulation under paragraph 5(b.1) (2.1) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or the officer, as the case may be, considers to be in the public interest, exempt any person or any class of persons from the application of any regulation made under paragraph 5(b.1) if the exemption, in the opinion of the Minister or the officer, as the case may be, is in the public interest. Adjustment of amount of financial responsibility (2.2) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or officer, as the case may be, considers to be in the public interest, adjust downward the minimum amount of the financial responsibility of a person who is subject to a regulation made under paragraph 5(b.1), if the adjustment, in the opinion of the Minister or officer, as the case may be, is in the public interest. 13 Paragraph 6.2(1)(d) of the Act is replaced by the following: (d) an exemption made under subsection 5.9(2) or (2.1) ; and R.S., c. C- 26 Carriage by Air Act 14 Section 1.1 of the Carriage by Air Act is amended by adding the following after subsection (2): Clarification — aircraft (3) For greater certainty, a reference to “aircraft” in this Act does not include a launch vehicle or re-entry vehicle within the meaning of the Aeronautics Act . 1996, c. 10 Canada Transportation Act 15 The definition air service in subsection 55(1) of the Canada Transportation Act is replaced by the following: air service  means a service, provided by means of an aircraft other than a launch vehicle or re-entry vehicle within the meaning of the Aeronautics Act , that is publicly available for the transportation of passengers or goods, or both; ( service aérien ) 2015, c. 20, s. 11 Secure Air Travel Act 16 The definition air carrier in section 3 of the Secure Air Travel Act is replaced by the following: air carrier  has the same meaning as in subsection 3(1) of the Aeronautics Act except that, for the purposes of this Act, the reference to “aircraft” in the definition commercial air service in that subsection is to be read as excluding launch vehicles and re-entry vehicles within the meaning of that Act . ( transporteur aérien )