Bill C-52: An Act to enact the Air Transportation Accountability Act and to amend the Canada Transportation Act and the Canada Marine Act

Short Title Short title 1 This Act may be cited as the Enhancing Transparency and Accountability in the Transportation System Act . PART 1 Air Transportation Accountability Act Enactment of Act Enactment 2 The Air Transportation Accountability Act is enacted as follows: An Act respecting accountability in the air transportation sector Short Title Short title 1 This Act may be cited as the Air Transportation Accountability Act . Interpretation Definitions 2 The following definitions apply in this Act. Agency  means the Canadian Transportation Agency continued by subsection 7(1) of the Canada Transportation Act . ( Office ) air carrier  has the same meaning as in subsection 3(1) of the Aeronautics Act . ( transporteur aérien ) airport  has the same meaning as in subsection 3(1) of the Aeronautics Act . ( aéroport ) airport authority  means a corporation or other body designated by an order made under paragraph 2(2)(a) of the Airport Transfer (Miscellaneous Matters) Act . ( administration aéroportuaire ) airport operator  means an individual or entity, including an airport authority, holding a Canadian aviation document , as defined in subsection 3(1) of the Aeronautics Act , in respect of an airport. ( exploitant d’aéroport ) entity  includes a corporation or a trust, partnership, fund, joint venture or any other unincorporated association or organization. ( entité ) Minister  means the Minister of Transport. ( ministre ) noise management committee  means a noise management committee established under subsection 10 (1). ( comité de gestion du bruit ) proponent  means an individual or entity that proposes an alteration to airspace design or flight paths. ( promoteur ) superior court  means (a) in Ontario, the Superior Court of Justice; (b) in Quebec, the Superior Court; (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of King’s Bench; (d) in Nova Scotia, British Columbia, Prince Edward Island, Newfoundland and Labrador, Yukon and the Northwest Territories, the Supreme Court; and (e) in Nunavut, the Nunavut Court of Justice. ( cour supérieure ) Tribunal  means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act . ( Tribunal ) Passenger threshold 3 For the purposes of this Act, an airport is considered to have met a particular passenger threshold if, for each of three consecutive calendar years, the sum of the annual number of passengers enplaned at the airport and the annual number of passengers deplaned at the airport is, based on data collected by Statistics Canada, equal to or greater than that threshold. An airport that has attained a particular passenger threshold is considered to continue to meet the threshold until, for each of three consecutive calendar years, that sum, based on data collected by Statistics Canada, falls below that threshold. Application Aeronautics Act 4 Nothing in this Act affects the application of the Aeronautics Act . Binding on His Majesty 5 (1) Subject to subsection (2), this Act is binding on His Majesty in right of Canada or a province. Exceptions (2) This Act does not apply with respect to (a) any airport facility operated by or under the authority of the Minister of National Defence; or (b) any alteration to airspace design or flight paths that is proposed by the Governor in Council or the Minister in the exercise of a power or the performance of a duty or function conferred on the Governor in Council or the Minister under an Act of Parliament. Canada’s International Obligations Directions 6 (1) The Minister may issue a written direction to an airport operator to take any measure that the Minister considers necessary to enable Canada to meet its international obligations under any agreement in respect of aeronautics. Direction binding (2) The airport operator must comply with a direction as soon as feasible. Notice of implementation (3) The airport operator must notify the Minister as soon as feasible after a direction has been implemented. Non-application of Statutory Instruments Act (4) The Statutory Instruments Act does not apply to a direction. Information Provided to Minister Obligation to provide information 7 An airport operator, an air carrier that serves an airport and any entity that provides flight-related services at an airport must, on request, provide to the Minister in the form and manner and within the time that the Minister specifies, information that the Minister considers necessary for the exercise of the powers and the performance of the duties and functions of the Minister under this Act or for the development of transportation policies, including (a) information respecting the capacity and development of the Canadian air transportation system; (b) information respecting operations and air traffic; (c) information respecting compliance, at the airport, with Canada’s international obligations in respect of aeronautics; and (d) in the case of an airport authority, information that the airport authority is required to keep according to its governing corporate legislation. Confidentiality 8 (1) Except as otherwise specifically provided in any other Act of Parliament or for the purpose of a prosecution of a contravention of section 39 , information required to be provided to the Minister under this Act is, when it is received by the Minister, confidential and must not knowingly be disclosed or made available without the written authorization of the individual or entity that provided the information. Communication (2) Subsection (1) does not prohibit (a) the disclosure or making available to the Agency, to Statistics Canada, to a federal minister or an agent or an adviser of that minister, or to a person employed in the federal public administration of information for the purpose of the administration or enforcement of this Act or any other Act of Parliament or for the purpose of the development of policies; (b) the disclosure or making available, including to the public, of information in an aggregated form that prevents information obtained from an identifiable individual or entity from being related to them; or (c) the communication of information that is available to, or ascertainable by, the public. Procedures (3) The Minister must ensure that the procedures and the measures established to ensure the confidentiality of information provided to the Minister under this Act, including the keeping of electronic data, are safe and secure. Requirement for those who receive information (4) An individual or entity that receives any information from the Minister that is confidential under this section must not knowingly disclose that information, except for the purposes of a prosecution of a contravention of section 39 , and must take the measures necessary to maintain its confidentiality. Aircraft Noise Consultations Application Number of movements 9 (1) Sections 10 to 32 apply in respect of any airport where, for each of three consecutive calendar years, the annual number of instrument flight rule movements at that airport, based on data collected by the Minister, is greater than the number of movements fixed by regulation or, if no number is so fixed, 60,000. Non-application (2) Sections 10 to 32 cease to apply in respect of any airport where, for each of three consecutive calendar years, the annual number of instrument flight rule movements at that airport, based on data collected by the Minister, is equal to or less than the number of movements fixed by regulation or, if no number is so fixed, 60,000. Noise Management Committee Establishment 10 (1) An airport operator must establish a noise management committee. Responsibilities (2) The noise management committee must (a) deal with questions and concerns from the public with respect to aircraft noise, including noise that is a result of a temporary alteration to flight paths or a permanent alteration to airspace design or flight paths; (b) give notice to the public with respect to the alterations referred to in paragraph (a) and, in the case of permanent alterations, undertake consultations; and (c) undertake any other responsibilities that are assigned to it under this Act. Composition (3) The noise management committee must have at least (a) one representative from the airport operator; (b) one representative from NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act , R.S.C., 1970, c. C-32; (c) one representative from the municipal or local government in the area in which the airport is situated; and (d) one representative from among all the air carriers that serve the airport. Responsibility of airport operator (4) The airport operator is responsible for the governance and proper functioning of the noise management committee, including for establishing and publishing (a) the rules with respect to the composition and the governance of the committee; (b) the procedures for the committee to give notice and undertake consultations; and (c) the procedures for the committee to deal with questions and concerns from the public. Meetings 11 A noise management committee must meet at least four times each year and must allow public participation at its meetings. Temporary Alterations Application 12 Sections 13 to 19 apply with respect to an alteration to flight paths if the alteration (a) is expected to be in effect for less than one year; (b) affects the lateral positioning of a flight path being used by an aircraft operator below an altitude of 2438 metres (8000 feet) above ground level over a residential area; and (c) does not result from weather or other short-term uncontrollable causes. Proponent’s obligations 13 The proponent of a temporary alteration must notify the noise management committee of the alteration and of any delay in ending it, and must provide to the committee, at a time appropriate to the circumstances, the information that is necessary to enable it to fulfil its obligations under section 14 , subsection 15 (2) and any regulations made under paragraph 63 (1)(d). Notice 14 (1) The noise management committee must publish a notice respecting the temporary alteration at least 60 days before the day on which the alteration is proposed to be implemented. Contents of notice (2) The notice must include (a) the purpose of the alteration; (b) the anticipated effect on noise levels; (c) the general area that is likely to be affected; (d) the number of residents who are likely to be affected; (e) the proposed date of the implementation of the alteration; (f) the proposed end date of the alteration; (g) the name and contact information of the proponent; (h) the contact information of the noise management committee; and (i) any information prescribed by regulation. Prohibition (3) The proponent must not implement the alteration until at least 60 days after the day on which the notice is published. Delay — new notice (4) If a delay in ending the alteration is likely, a new notice containing the information referred to in paragraphs (2)(a) to (d) and (g) to (i), any information prescribed by regulation, the new proposed end date of the alteration and the reasons for the delay must be published by the noise management committee at least 14 days before the earlier proposed end date. Non-application — safety or security 15 (1) Section 14 does not apply with respect to a temporary alteration that is necessary for aviation safety or security and for which there is no alternative available. Notice (2) However, the noise management committee must, as soon as feasible, publish a notice respecting the alteration containing the information referred to in paragraphs 14 (2)(a) to (d) and (f) to (i) and any information prescribed by regulation. Complaint — notice published 16 (1) Any individual who is, or is likely to be, affected by aircraft noise at their ordinary place of residence or of work as a result of a temporary alteration may, in the form and manner determined by the Agency and no later than 30 days after the day on which the alteration is implemented, make a complaint to the Agency in relation to any notice published, in respect of that alteration, under section 14 or any regulation made under paragraph 63 (1)(d). Complaint — failure to publish notice (2) Any individual who is affected by aircraft noise at their ordinary place of residence or of work as a result of a temporary alteration may make a complaint to the Agency, at any time after the alteration is implemented and in the form and manner determined by the Agency, regarding a failure by the noise management committee to publish, in respect of that alteration, (a) a notice under subsection 14 (1); (b) a notice under subsection 14 (4); or (c) any notice required by regulation made under paragraph 63 (1)(d). Representations (3) The Agency must give notice of a complaint made under subsection (1) or (2) to the proponent and the noise management committee and allow them and the complainant to make representations. Effect of complaint 17 A complaint made under subsection 16 (1) or (2) does not suspend the implementation of the temporary alteration. Orders of Agency 18 (1) If the Agency decides that a complaint made under subsection 16 (1) or (2) is well-founded, it may make an order directing the noise management committee to fulfil its obligations under section 14 or any regulations made under paragraph 63 (1)(d) in any manner and within any time that the Agency considers appropriate. Time limit for disposing of complaint (2) Despite subsection 29(1) of the Canada Transportation Act , the Agency must make a decision in respect of a complaint before it as expeditiously as possible, but no later than 60 days after the day on which the complaint is made, unless the Agency is of the opinion that there are special circumstances involved in the making of the decision, in which case the Agency may extend the time by up to 30 days. Reasons 19 The Agency must provide the complainant, the proponent and the noise management committee with written reasons for a decision made by it in respect of a complaint made under subsection 16 (1) or (2). Permanent Alterations Application 20 Sections 21 to 32 apply with respect to an alteration to airspace design or flight paths if the alteration (a) is expected to be in effect for at least one year; and (b) affects the lateral positioning of a flight path being used by an aircraft operator below an altitude of 2438 metres (8000 feet) above ground level over a residential area. Proponent’s obligations 21 The proponent of a permanent alteration must notify the noise management committee of the alteration, and must provide to the committee, at a time appropriate to the circumstances, the information that is necessary to enable it to fulfil its obligations under sections 22 to 28 and any regulations made under paragraph 63 (1)(e). Notice of consultation — preparation 22 (1) The proponent must prepare a notice of consultation respecting the permanent alteration and provide it to the noise management committee. Contents (2) The notice must include (a) the purpose of the alteration; (b) the anticipated effect on noise levels; (c) the general area that is likely to be affected; (d) the number of residents who are likely to be affected; (e) the date, time and location of, or manner of participating in, the consultation session; (f) a statement indicating that an individual who is likely to be affected by aircraft noise at their ordinary place of residence or of work as a result of the alteration may make representations about the alteration to the noise management committee during the consultation session or in writing no later than the day on which the consultation session is held; (g) a statement indicating that the proponent must prepare a summary of the representations that are made, and the noise management committee must publish the summary, within 30 days after the day on which the consultation session is held; (h) the name and contact information of the proponent; (i) the contact information of the noise management committee; and (j) any information prescribed by regulation. Publication (3) The noise management committee must publish the notice at least 30 days before the day on which the consultation session is to be held under subsection 23 (1). Consultation session 23 (1) Before the implementation of a permanent alteration, the noise management committee must hold a public consultation session respecting the alteration. Role of proponent (2) A representative of the proponent is to preside over the consultation session. Right to make representations 24 (1) An individual who is likely to be affected by aircraft noise at their ordinary place of residence or of work as a result of the permanent alteration may make representations about the alteration to the noise management committee during the consultation session or in writing no later than the day on which the consultation session is held. Consideration of representations (2) The proponent must take into consideration any representations made in accordance with subsection (1). Summary of representations (3) Within 30 days after the day on which the consultation session is held (a) the proponent must prepare a summary of any representations made in accordance with subsection (1); and (b) the noise management committee must publish the summary. New consultation 25 If, after the consultation session and consideration of the representations, the proponent decides to change the permanent alteration (a) the proponent must notify the noise management committee of the changes; (b) the proponent must prepare a new notice of consultation containing the information referred to in subsection 22 (2), a description of the changes and the reasons for them and provide it to the noise management committee; (c) a new consultation session must be held under subsection 23 (1); (d) at least 30 days before the day on which the new consultation session is to be held, the noise management committee must publish the new notice of consultation; and (e) section 24 applies. Non-implementation 26 If the proponent decides not to implement the permanent alteration, the proponent must notify the noise management committee of the decision and the committee must publish a notice of the decision. Notice of implementation — preparation 27 (1) After the summary of representations is published under subsection 24 (3), if the proponent decides to implement the permanent alteration, it must prepare a notice of implementation respecting the alteration and provide it to the noise management committee. Contents (2) The notice must include (a) the purpose of the alteration; (b) the anticipated effect on noise levels; (c) the general area that is likely to be affected; (d) the number of residents who are likely to be affected; (e) the proposed date of the implementation of the alteration; (f) the name and contact information of the proponent; (g) the contact information of the noise management committee; (h) a statement indicating that an individual who is, or is likely to be, affected by aircraft noise at their ordinary place of residence or of work as a result of the alteration may make a complaint to the Agency under subsection 29 (1) or (2) in relation to the alteration, the grounds for making a complaint and how to make the complaint; and (i) any information prescribed by regulation. Publication (3) The noise management committee must publish the notice at least 60 days before the day on which the alteration is proposed to be implemented. Prohibition (4) The proponent must not implement the alteration until at least 60 days after the day on which the notice is published. Non-application — safety or security 28 (1) Sections 22 to 27 do not apply with respect to a permanent alteration that is necessary for aviation safety or security and for which there is no alternative available. Notice (2) However, the noise management committee must, as soon as feasible, publish a notice respecting the alteration containing the information referred to in paragraphs 22 (2)(a) to (d) and (h) to (j) and any information prescribed by regulation. Complaint — notice and consultation 29 (1) Any individual who is, or is likely to be, affected by aircraft noise at their ordinary place of residence or of work as a result of a permanent alteration may, in the form and manner determined by the Agency and no later than 180 days after the day on which the alteration is implemented, make a complaint to the Agency in relation to any notice published or consultation undertaken, in respect of that alteration, under subsection 22 (3), any of sections 23 to 25 , subsection 27 (3) or any regulation made under paragraph 63 (1)(e). Complaint — failure to publish or consult (2) Any individual who is affected by aircraft noise at their ordinary place of residence or of work as a result of a permanent alteration may make a complaint to the Agency, at any time after the alteration is implemented and in the form and manner determined by the Agency, regarding a failure by the proponent or the noise management committee to, in respect of that alteration, (a) publish a notice under subsection 22 (3); (b) undertake any of the consultations required under sections 23 to 25 ; (c) publish a notice under subsection 27 (3); or (d) publish any of the notices or undertake any of the consultations required by regulation made under paragraph 63 (1)(e). Representations (3) The Agency must (a) give notice of a complaint made under subsection (1) or (2) to the proponent and the noise management committee and allow them and the complainant to make representations; and (b) publish a notice that the complaint has been made. Additional representations (4) An individual who made representations about the alteration to the noise management committee under subsection 24 (1) may make representations about the complaint to the Agency within the time that it specifies. Prohibition 30 If a complaint is made about a permanent alteration before the date proposed for its implementation, the proponent must not implement it until after the complaint has been disposed of by the Agency. Orders of Agency 31 (1) If the Agency decides that a complaint made under subsection 29 (1) or (2) is well-founded, it may make any order it considers appropriate in the circumstances, including an order directing the proponent not to implement the permanent alteration until the obligations under sections 22 to 27 and any regulations made under paragraph 63 (1)(e) have been fulfilled. Time for disposing of complaint (2) Despite subsection 29(1) of the Canada Transportation Act , the Agency must make a decision in respect of a complaint before it as expeditiously as possible, but no later than 60 days after the day on which the complaint is made, unless the Agency is of the opinion that there are special circumstances involved in the making of the decision, in which case the Agency may extend the time by up to 30 days. Reasons 32 The Agency must provide the complainant, the proponent and the noise management committee with written reasons for a decision made by it in respect of a complaint made under subsection 29 (1) or (2). Diversity Annual report 33 (1) Each calendar year, an airport authority incorporated under an Act of Parliament must publish a report that contains the information prescribed by regulation respecting diversity among the directors of the airport authority and among the “members of senior management” as defined by regulation. Reporting to Minister (2) The airport authority must concurrently send the report to the Minister. Environmental Obligations Application Passenger threshold 34 Sections 35 to 38 apply to an airport authority if the airport it operates has a passenger threshold greater than the number of passengers fixed by regulation or, if no number is so fixed, four million. Climate Change Plans Five-year plan — climate change 35 (1) An airport authority must prepare a five-year climate change plan within the time and in the manner prescribed by regulation. Contents (2) The plan must contain (a) a greenhouse gas emissions reduction target in respect of the operation of the airport by the airport authority; (b) a description of actions to be taken to achieve the greenhouse gas emissions reduction target; (c) information relating to any material changes in respect of information that was provided in the previous plan; and (d) any information prescribed by regulation. Five-year plan — adaptation actions 36 (1) An airport authority must prepare a five-year plan respecting climate change adaptation actions within the time and in the manner prescribed by regulation. Contents (2) The plan must contain (a) a description of the current and anticipated impacts of climate change on the operation of the airport and on the assets managed by the airport authority and any adaptation actions to be taken to address those impacts; (b) a description of current and future commercial opportunities for the airport authority arising from the impacts of climate change on the operation of the airport and on the assets managed by the airport authority, if any, and any actions to be taken to take advantage of them; (c) information relating to any material changes in respect of information that was provided in the previous plan; and (d) any information prescribed by regulation. Development 37 Each five-year plan must be developed in a manner consistent with recognized international standards. Publication 38 The airport authority must publish each five-year plan no later than three months after the end of the calendar year in which the plan was prepared. General Provisions False or misleading statement 39 An individual or entity must not, either orally or in writing, knowingly make any false or misleading statement or knowingly provide false or misleading information to the Agency or the Minister or to any person acting on behalf of the Agency or the Minister, including an enforcement officer, in connection with any matter under this Act. Confidential information 40 The Agency must take the measures necessary to maintain the confidentiality of any financial, commercial, scientific or technical information provided to the Agency in respect of a proceeding under this Act, if this information has consistently been treated as confidential by any interested individual or entity. Agency decision final 41 A decision made by the Agency under this Act is final and sections 32, 40 and 41 of the Canada Transportation Act do not apply to that decision. Canada Transportation Act 42 Sections 24 and 43 of the Canada Transportation Act do not apply in respect of this Act. Fees and charges 43 (1) The Agency may, after consulting with the Minister, make regulations respecting the fees and charges to be paid in relation to the exercise of its powers or the performance of its duties or functions under this Act. Consultation (2) Before making a regulation under subsection (1), the Agency must consult with any individuals or entities that the Agency considers to be interested in the matter. Debt due to His Majesty (3) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction. Services provided on behalf of airport operator 44 (1) If an entity provides flight-related services on behalf of an airport operator, the airport operator must ensure the entity’s compliance with this Act as though the airport operator were providing the services. Service standards (2) Subsection (1) does not apply with respect to the compliance with any regulations made under paragraph 63 (1)(j) unless those regulations specify otherwise. Publication 45 Subject to the regulations, any obligation for an airport operator or a noise management committee to publish information under this Act is satisfied if the information is (a) published on the airport operator’s website; and (b) made available upon request at the airport operator’s head office. Not agent of His Majesty 46 An airport authority is not an agent of His Majesty in right of Canada. Administration and Enforcement Enforcement Officers Designation by Minister 47 (1) The Minister may designate individuals or classes of individuals as enforcement officers for the purposes of the administration and enforcement of this Act. Certification (2) Every enforcement officer must be furnished with an authorization attesting to the individual’s designation and must, on demand, present the authorization to any person from whom the enforcement officer requests information. Authority to enter 48 (1) An enforcement officer may, for the purpose of verifying compliance with this Act or preventing non-compliance with this Act, enter into any place, other than a dwelling-house, if they have reasonable grounds to believe that anything relevant to that verification or prevention — including books, records, electronic data or other documents — is located in that place, or that an activity regulated by this Act is conducted in that place. Powers (2) The enforcement officer may, for that purpose, (a) examine anything that is found in the place; (b) examine any documents, including books, records or electronic data, and reproduce or have reproduced any documents or any part of them; (c) take photographs and make recordings or sketches; (d) order the person in charge of the place to establish their identity to the enforcement officer’s satisfaction; (e) use or cause to be used any computer system or means of communication at the place to examine any data contained in or available to the computer system or means of communication; (f) produce a record or cause a record to be produced from the data in the form of a printout or other intelligible output; (g) use or cause to be used any copying equipment in the place to reproduce any documents; (h) prohibit or limit access to all or part of the place or to anything in the place; and (i) remove anything from the place for the purpose of examination. Assistance (3) If an enforcement officer enters a place referred to in subsection (1), the owner or person in charge of the place and every person found in it must (a) give the enforcement officer all assistance that is reasonably required to enable them to exercise their powers or perform their duties and functions under this Act; and (b) provide the enforcement officer with any information that the enforcement officer may reasonably require for the purposes of this Act. Obstruction (4) An individual or entity must not knowingly obstruct or hinder an enforcement officer who is exercising their powers or performing their duties and functions under this Act. Administrative Monetary Penalties Violation 49 (1) An individual or entity that contravenes any of sections 6 , 7 and 10 , or any provision of this Act or the regulations the contravention of which is designated as a violation in the regulations, commits a violation and is liable to a penalty. Continuing violation (2) A contravention of section 7 — or of any provision of this Act or the regulations that is designated by the regulations — that is committed or continued on more than one day, constitutes a separate violation for each day during which the violation is committed or continued. Penalty (3) The maximum amount payable as the penalty for each violation is (a) $5,000, in the case of an individual; and (b) $250,000, in the case of an entity. Penalty — series or class (4) The maximum amount payable as the penalty for a related series or class of violations is the amount set out in the regulations. Purpose of penalty (5) The purpose of the penalty is to promote compliance with this Act and not to punish. Violation or offence (6) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other. Nature of violation (7) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. Due diligence (8) An individual or entity is not to be found to be liable for a violation under this Act if they establish that they exercised due diligence to prevent its commission. Issuance of notice of violation 50 (1) An enforcement officer who has reasonable grounds to believe that an individual or entity has committed a violation may issue and serve on it a notice of violation. Contents of notice (2) The Minister may establish the form and content of notices of violation, but each notice of violation must (a) set out the name of the individual or entity that is believed to have committed the violation; (b) identify the alleged violation; (c) set out the amount of the penalty and the manner of paying it; (d) inform the individual or entity of its right to request to enter into a compliance agreement with the Minister or to file a request for a review with respect to the violation, the amount of the penalty, or both, and the time and manner for doing so; and (e) inform the individual or entity that, if the individual or entity does not pay the amount of the penalty or file a request for review in accordance with the notice, the individual or entity will be deemed to have committed the violation and be liable to pay the amount of the penalty set out in the notice. Service of notice of violation (3) The Minister may establish procedures respecting the service of a notice of violation, including the manner and proof of service and the circumstances under which the notice of violation is deemed to have been served. In the absence of those procedures, a notice of violation may be served by personal service or by registered or certified mail sent to the individual or entity at its latest known address. Payment of penalty 51 (1) If an individual or entity that is served with a notice of violation pays the amount specified in the notice in accordance with the particulars set out in it, the Minister must accept the amount in complete satisfaction of the amount of the penalty and no further proceedings under this Act are to be taken against the individual or entity in respect of the violation. Alternatives to payment (2) Instead of paying the penalty, an individual or entity that is served with a notice of violation may, within the time and in the manner set out in the notice, (a) request to enter into a compliance agreement with the Minister that ensures the individual or entity’s compliance with the provision to which the notice relates; or (b) file a request for a review of the acts or omissions that constitute the alleged violation, the amount of the penalty or both with the Tribunal. Deeming (3) An individual or entity that does not pay the amount of the penalty specified in a notice of violation and does not exercise a right referred to in subsection (2), within the time and in the manner set out in the notice, is deemed to have committed the contravention alleged in the notice. Compliance agreements 52 (1) After considering a request made under paragraph 51 (2)(a), the Minister may enter into a compliance agreement with the individual or entity making the request on any terms that are satisfactory to the Minister. The terms may (a) include a provision for the giving of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the individual or entity will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the penalty for the violation. Deeming (2) An individual or entity that enters into a compliance agreement is, on doing so, deemed to have committed the violation. Notice of compliance (3) If the Minister is satisfied that an individual or entity that has entered into a compliance agreement has complied with it, the Minister must cause a notice to that effect to be provided to the individual or entity and, once it is provided, (a) no further proceedings in respect of the violation may be taken against the individual or entity; and (b) any security given under the compliance agreement must be returned to the individual or entity. Notice of default (4) If the Minister is of the opinion that an individual or entity that has entered into a compliance agreement has not complied with it, the Minister must cause a notice of default to be served on the individual or entity informing it of one of the following: (a) that instead of being liable to pay the amount of the penalty specified in the notice of violation, it is liable to pay, within the time and in the manner set out in the notice of default and without taking account of the limit set out in subsection 49 (3), an amount that is twice the amount of that penalty; or (b) the security, if any, given under the compliance agreement is forfeited to His Majesty in right of Canada. Effect of notice of default (5) Once an individual or entity is served with a notice of default, (a) if the notice provides that the individual or entity is liable to pay the amount specified in the notice, the individual or entity may not deduct from that amount any amount it spent under the compliance agreement and it is liable to pay the amount specified in the notice within the time and in the manner set out in it; and (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to His Majesty in right of Canada and no further proceedings in respect of the violation may be taken against the individual or entity. Effect of payment (6) If an individual or entity pays the amount set out in a notice of default within the time and in the manner set out in it, the Minister must accept the amount as complete satisfaction of the amount owing in respect of the violation and no further proceedings in respect of the violation may be taken against the individual or entity. Refusal to enter into compliance agreement 53 (1) If the Minister refuses to enter into a compliance agreement requested under paragraph 51 (2)(a), the individual or entity that made the request is liable to pay the amount of the penalty specified in the notice of violation in the manner specified in the notice of violation and within the time specified in it or any longer period specified by the Minister. Effect of payment (2) If the individual or entity pays the amount specified in the notice of violation, (a) the individual or entity is deemed to have committed the violation in respect of which the amount is paid; (b) the Minister must accept the amount in complete satisfaction of the amount of the penalty; and (c) no further proceedings in respect of the violation may be taken against the individual or entity. Deeming (3) If the individual or entity does not pay the amount specified in the notice of violation within the time and in the manner set out in subsection (1), it is deemed to have committed the violation. Request for review 54 (1) An individual or entity that is served with a notice of violation and that wishes to have the facts of the alleged contravention, the amount of the penalty or both reviewed must file a request for a review with the Tribunal on or before the date specified in the notice, or within any further time that the Tribunal on application may allow. Time and place for review (2) On receipt of a request filed under paragraph 51 (2)(b), the Tribunal must set a time and place for the review and must notify the Minister and the individual or entity that filed the request of the time and place in writing. Review procedure (3) The member of the Tribunal assigned to conduct the review must provide the Minister and the individual or entity that filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Determination by Tribunal member 55 (1) At the conclusion of a review, the member of the Tribunal who conducts the review must without delay inform the individual or entity and the Minister of the member’s determination. No violation (2) If the member determines that the individual or entity has not committed the alleged violation, then, subject to section 56 , no further proceedings are to be taken against the individual or entity in respect of the alleged violation. Violation (3) If the member determines that the individual or entity has committed the alleged violation, the member must without delay inform the individual or entity and the Minister of the determination, and of the amount of the penalty determined by the member to be payable to the Tribunal and the time within which it must be paid. Right of appeal 56 (1) Within 30 days after the day on which a determination is made under section 55 , the Minister or the individual or entity to which it applies may appeal from the determination to the Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its decision for the determination. Violation (4) If the appeal panel decides that an individual or entity has committed the alleged violation, then the panel must without delay inform the individual or entity and the Minister of the decision and of the amount of the penalty decided by the panel to be payable to the Tribunal in respect of the violation, and the time within which it must be paid. Certificate 57 The Minister may obtain from the Tribunal or the member of the Tribunal, as the case may be, a certificate in the form that may be established by the Governor in Council setting out the amount of the penalty required to be paid by an individual or entity that fails, within the time required, (a) to pay the amount of a penalty set out in a notice of violation or to file a request for a review under paragraph 51 (2)(b); (b) to pay an amount determined under subsection 55 (3) or file an appeal under subsection 56 (1); or (c) to pay an amount determined under subsection 56 (4). Registration of certificate 58 (1) On production in any superior court, a certificate issued under section 57 is to be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by His Majesty in right of Canada against the individual or entity named in the certificate for a debt of the amount set out in the certificate. Recovery of costs and charges (2) All reasonable costs and charges associated with the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1). Amounts received deemed public moneys (3) An amount received by the Minister or the Tribunal under this section is deemed to be public money as defined in section 2 of the Financial Administration Act . Time limit 59 No notice of violation is to be issued more than two years after the day on which the subject matter of the alleged contravention arose. Offences General offence 60 (1) Every individual or entity that contravenes any provision of this Act or the regulations is guilty of an offence punishable on summary conviction and liable (a) in the case of an individual, to a fine of not more than $5,000; or (b) in the case of an entity, to a fine of not more than $250,000. Provision of information to Minister (2) If an offence consisting of a contravention of section 7 is committed or continued on more than one day, the individual or entity that committed the offence is liable to be convicted for a separate offence for each day on which it is committed or continued. Due diligence (3) An individual or entity is not to be found guilty of an offence under subsection (1), other than an offence consisting of a contravention of subsection 8 (1) or (4), section 39 or subsection 48 (4), if the individual or entity establishes that it exercised due diligence to prevent the commission of the offence. Employee or agent or mandatary (4) In any prosecution for an offence under subsection (1), other than an offence consisting of a contravention of subsection 8 (1) or (4), section 39 or subsection 48 (4), it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee or the agent or mandatary has been identified or has been prosecuted for the offence. Imprisonment precluded 61 Imprisonment is not to be imposed in default of payment of any fine imposed as punishment in relation to an offence under this Act. Limitation period or prescription 62 Proceedings for an offence under this Act may be instituted no later than one year after the day on which the subject matter of the proceedings arose. Regulations Regulations 63 (1) The Governor in Council may, on the recommendation of the Minister, make regulations (a) respecting the publication of information; (b) for the purpose of section 9 , fixing the number of movements at a number less than 60,000; (c) respecting noise management committees, including their responsibilities; (d) respecting additional notices related to any alteration to flight paths referred to in section 12 that are to be published by the noise management committee; (e) respecting additional notices and consultations related to any alteration to airspace design or flight paths referred to in section 20 that are to be published or undertaken by the proponent or the noise management committee; (f) respecting the handling of complaints made under subsection 16 (1) or (2) or 29 (1) or (2); (g) respecting aircraft noise data, including the collection and distribution of that data; (h) defining the expression “members of senior management” for the purpose of subsection 33 (1); (i) respecting the impact of the operation of an airport by an airport authority on the environment, including climate change, and the impact of climate change on the operation of an airport, for the purposes of sections 34 to 38 , including regulations (i) for the purposes of section 34 , fixing the number of passengers referred to in that section, (ii) establishing a greenhouse gas emissions reduction target in respect of the operation of an airport by an airport authority, (iii) respecting the contents of a five-year climate change plan, (iv) respecting the contents of a five-year plan respecting climate change adaptation actions, (v) respecting reporting requirements for the five-year plans, (vi) respecting public participation in the development of five-year plans respecting climate change and climate change adaptation actions, and (vii) respecting the climate change adaptation actions that an airport authority must undertake; (j) respecting service standards in relation to flights and flight-related services at an airport, including regulations respecting (i) the development, establishment and implementation of the service standards, including in this regard the roles and responsibilities of airport operators, of air carriers that serve the airport and of entities that provide flight-related services at the airport, (ii) the flights, flight-related services, airport operators, air carriers and entities in respect of which the service standards apply, (iii) the publication of the service standards and of information as to the extent to which they have been met, (iv) alternative dispute resolution in regards to disputes arising in respect of the service standards, including the responsibilities of the parties for the costs of or incurred in relation to the resolution of the disputes, (v) the role of the Agency in the administration and oversight of alternative dispute resolution, and (vi) limits respecting the service standards in relation to any parent Crown corporation named in Part I of Schedule III to the Financial Administration Act ; (k) respecting the communication of information to passengers in regards to flights and flight-related services; (l) designating as a violation the contravention of any provision of this Act or the regulations; (m) establishing a penalty, or a range of penalties, in respect of a violation, up to the maximum amount set out in subsection 49 (3); (n) if a range of penalties is established by regulations made under paragraph (m), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account; (o) setting out the total maximum amount payable for a related series or class of violations; (p) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; (q) designating violations that, if committed or continued on more than one day, constitute a separate violation for each day on which they are committed or continued; (r) prescribing anything that, by this Act, is to be or may be prescribed; and (s) generally for carrying out the purposes and provisions of this Act. Variation (2) For greater certainty, the regulations may establish classes and distinguish among those classes. Transitional Provisions Passenger threshold 64 To determine whether an airport has met a particular passenger threshold on the day on which section 3 comes into force, only the three calendar years preceding the calendar year in which that section comes into force are taken into account. Noise management 65 To determine whether sections 10 to 32 apply in respect of an airport on the day on which those sections come into force, only the three calendar years preceding the calendar year in which those sections come into force are taken into account for the purposes of subsection 9 (1). Diversity 66 An airport authority is not required to comply with section 33 before the calendar year following the calendar year in which the regulations that prescribe the information referred to in subsection 33 (1) come into force. Regulations 67 The Governor in Council may, on the recommendation of the Minister, make regulations respecting any other transitional matters related to the coming into force of this Act. Coming into Force Sixth month after royal assent 68 (1) Sections 9 to 32 come into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which this Act receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month. Order in council (2) Section 33 comes into force on a day to be fixed by order of the Governor in Council. Amendment to the Air Transportation Accountability Act 3 The heading before section 64 and sections 64 to 67 of the Air Transportation Accountability Act are repealed. Coming into Force Tenth anniversary of royal assent 4 Section 3 comes into force on the tenth anniversary of the day on which this Act receives royal assent. PART 2 1996, c. 10 Canada Transportation Act Amendments to the Act 5 Subsection 42(2) of the Canada Transportation Act is amended by adding the following after paragraph (a): (a.1) a summary of the information that is provided to the Agency in accordance with regulations made under subsection 50 (1.02); 6 (1) Section 50 of the Act is amended by adding the following after subsection (1.01): Regulations — accessibility (1.02) The Governor in Council may make regulations requiring the Canada Border Services Agency and any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament to provide information, other than personal information as defined in section 3 of the Privacy Act , to the Minister or Agency, when and in the form and manner that the regulations may specify, for the purpose of supporting a transportation system that is accessible without undue obstacle to the mobility of all persons. (2) The portion of subsection 50(1.1) of the Act before paragraph (a) is replaced by the following: Persons referred to (1.1) The persons for the purposes of this section are 7 Subsection 50.01(1) of the Act is replaced by the following: Externally produced documents 50.01 (1) A regulation made under section 50 may incorporate by reference any document that is produced by a person or body other than the Minister. 8 Section 50.1 of the Act is replaced by the following: Information already provided 50. 1 For the purposes of section 50, if any information referred to in that section has already been provided to a department or agency of the Government of Canada, the Minister may request that department or agency to provide the information to the Minister. 9 Section 51.1 of the Act is replaced by the following: Publication — Minister 51. 1 Despite subsection 51(1), the Minister may make public (a) information that is provided in accordance with regulations made under subsection 50(1.02); and (b) information that is referred to in paragraph 50(2)(d). 10 Section 51.4 of the Act is amended by adding the following after subsection (2): Publication — accessibility (3) The Agency may make public information that is provided in accordance with regulations made under subsection 50 (1.02). 11 The Act is amended by adding the following after section 172.4: Regulations — complaints 172. 41 The Governor in Council may make regulations respecting a process for dealing with complaints relating to accessibility in relation to the transportation of persons with disabilities that is to be established by the Canada Border Services Agency and any persons referred to in any of paragraphs 50(1.1)(a) to (d) who are subject to the legislative authority of Parliament, including regulations (a) specifying persons, or classes of persons, for the purposes of the regulations and setting out requirements that apply to those persons or classes in relation to the complaints process; (b) respecting record-keeping requirements in relation to the complaints process; and (c) respecting the submission of reports to the Minister and Agency in relation to the complaints process. Coordinating Amendment Bill C-47 12 If Bill C-47, introduced in the 1st session of the 44th Parliament and entitled the Budget Implementation Act, 2023, No. 1 , receives royal assent, then, on the first day on which both section 441 of that Act and section 9 of this Act are in force, section 51.1 of the Canada Transportation Act is replaced by the following: Publication — Minister 51. 1 Despite subsection 51(1), the Minister may make public (a) information related to service and performance indicators that is provided in accordance with regulations made under paragraph 50(1.01)(b); (a.1) information that is provided in accordance with regulations made under subsection 50(1.02); and (b) information that is referred to in paragraph 50(2)(d). PART 3 1998, c. 10 Canada Marine Act Amendments to the Act 13 (1) Subsection 49(3) of the Canada Marine Act is replaced by the following: Principles (3) A port authority must observe the following principles when fixing fees: (a) the fees must be fixed in accordance with an explicit methodology — that includes any conditions affecting the fees — that the authority has established and published; (b) the fees must be fixed at levels that allow the authority to operate on a self-sustaining financial basis and must be fair and reasonable; (c) the fees must not be fixed at levels that, based on reasonable and prudent projections, would generate revenues exceeding the authority’s existing and future financial requirements; (d) the fees must be structured in a way that does not encourage a user to engage in practices that diminish safety for the purpose of avoiding a fee; and (e) the fees must be consistent with section 50. Financial requirements (3.1) For the purposes of paragraph (3)(c), financial requirements include (a) operations and maintenance costs, including costs relating to the improvement and expansion of the port; (b) management and administration costs; (c) debt servicing requirements and financial requirements arising out of contractual agreements relating to the borrowing of money; (d) capital costs and depreciation costs on capital assets; (e) financial requirements necessary for the port authority to maintain an appropriate credit rating; (f) payments in lieu of taxes; (g) gross revenue charges; (h) reasonable reserves for future expenditures and contingencies; and (i) other costs determined in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor or assign. (2) Subsection 49(6) of the Act is repealed. 14 (1) Subsections 51(1) and (2) of the Act are replaced by the following: Notice of new or revised fees 51 (1) If a port authority proposes to fix a new or revised fee under subsection 49(1) , it must give notice of the proposal in accordance with this section. Contents of notice (2) The notice must (a) describe the proposal, including by setting out the port authority’s reasons for fixing the new or revised fee, the circumstances in which it would apply and the date on which the authority intends it to come into effect; (b) indicate that any person may make written representations to the authority about the proposal on or before the date set out in the notice, which must not be earlier than 30 days after the day on which the notice is published; (c) indicate that any person who makes written representations must include a summary of the representations and that the summary may be made public by the authority; and (d) indicate that any person who makes written representations within the period set out in the notice will have an opportunity to file with the Agency a complaint about the authority’s decision with respect to the proposal. (2) Paragraph 51(3)(c) of the Act is replaced by the following:   (c) post an electronic version of the notice on its website . 15 Section 52 of the Act is replaced by the following: Decision 51.1 (1) After the period referred to in paragraph 51(2)(b) has expired and after considering any written representations that it received during that period, the port authority must make a decision with respect to the proposal. Contents of decision (2) Unless the port authority decides to withdraw the proposal, the decision must (a) describe the fee and the circumstances in which it will apply, including the date on which it will take effect, which must not be earlier than 60 days after the day on which the decision is published; (b) describe, and provide reasons for, any changes to the proposal other than changes to reduce the proposed amount of the fee; (c) provide a summary of the written representations that the authority received; and (d) indicate that any person who made written representations about the proposal may file with the Agency a complaint about the decision, the grounds for a complaint and how to file it. Publication (3) The port authority must (a) publish, in a major newspaper published or distributed in the place where the port is situated, a summary of the decision and a statement that indicates that any person who made written representations about the proposal may file with the Agency a complaint about the decision, the grounds for a complaint and how to file it; (b) send, by mail or by electronic means, a copy of the decision to (i) organizations whose members will, in the opinion of the authority, be affected by the new or revised fee, (ii) every user and other person who has, at least ten days before, notified the authority of a desire to receive decisions made under subsection (1), and (iii) every person who made written representations about the proposal within the period referred to in paragraph 51(2)(b); and (c) post an electronic version of the decision on its website. Complaints 52 (1) Any person who made written representations about a proposal within the period referred to in paragraph 51(2)(b) may, within 30 days after the day on which a decision made under section 51.1 is published, file with the Agency a complaint about the decision. The Agency must consider the complaint without delay. Delay in case of failure to publish (1.1) If a port authority fixes a fee without having published the notice referred to in section 51 or the decision made under section 51.1, any person may file a complaint within 60 days after the day on which the fee comes into effect. Grounds for complaint (1.2) However, a complaint may be filed only if (a) the fee was not fixed in accordance with the principles referred to in subsection 49(3); or (b) the port authority did not comply with section 51 or 51.1. Effect of complaint (1.3) The filing of a complaint does not prevent a fee from taking effect and, until the Agency disposes of the complaint, the Agency must not make an order preventing the fee from taking effect. Decision and orders (1.4) If the Agency decides that the complaint is well-founded, in whole or in part, it may order the port authority to (a) cancel the fixing of the new or revised fee in question; (b) reinstate any fee that was in effect immediately before the new or revised fee in question took effect; (c) refund to each user the amount they paid on account of the fee the fixing of which is cancelled under paragraph (a) or the amount they paid in excess of the fee reinstated under paragraph (b); (d) reconsider the new or revised fee in question; or (e) take any other measure the Agency considers appropriate in the circumstances. Refund (1.5) If under paragraph (1.4)(c) the Agency orders the port authority to make a refund to a user, (a) the Agency must allow the complainant and the authority to make representations to the Agency before fixing the period within which the refund is to be made; and (b) the authority may make the refund to the user by making a repayment or issuing a credit, but any remaining credit is to be repaid to the user within the period fixed by the Agency. Reasons (1.6) The Agency must provide the complainant and the port authority with written reasons for any decision or order made under subsection (1.4) and, if applicable, any decision to fix the period within which the authority is to make a refund to a user. Governor in Council may vary or rescind (2) Section 40 of the Canada Transportation Act applies to every decision and order of the Agency made under this section as if it were a decision made under that Act. 16 Subsection 62(4) of the Act is repealed. 17 Subsection 63(5) of the Act is repealed. 18 The Act is amended by adding the following after section 64.93: Regulations — Alternative Dispute Resolution Alternative dispute resolution 64. 94 The Governor in Council may make regulations respecting alternative dispute resolution in regards to disputes arising in respect of a lease between a port authority and a user of the port relating to the operation of a terminal, including regulations respecting (a) the matters that may be subject to alternative dispute resolution; (b) the users, or classes of users, who may have recourse to alternative dispute resolution; (c) the procedures relating to alternative dispute resolution; (d) the effect of alternative dispute resolution on the parties to a dispute and the remedies available to them; and (e) the role of the Agency in the administration and oversight of alternative dispute resolution. Fees Fees 64.95 (1) The Agency may, after consulting with the Minister, make rules respecting the fees to be paid in relation to the administration or enforcement of any provision of this Part, or the regulations under this Part, the administration or enforcement of which is the responsibility of the Agency. Consultations (2) Before making a rule under subsection (1), the Agency must consult with any person that the Agency considers interested in the matter. Debt due to His Majesty (3) Fees required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction. Transitional Provisions Definitions 19 The following definitions apply in sections 20 and 21 . Agency  means the Canadian Transportation Agency continued by subsection 7(1) of the Canada Transportation Act . ( Office ) commencement date  means the day on which sections 13 to 17 come into force. ( date de référence ) Fees continued 20 A fee that is fixed by a port authority under section 49 of the Canada Marine Act before the commencement date and that is in force on that date continues in force until the day on which it is revised under sections 49 to 52 of the Canada Marine Act , as amended by this Act. Pending complaints 21 A complaint that is filed with the Agency under section 52 of the Canada Marine Act before the commencement date is continued under the Canada Marine Act as it read immediately before that date. Coming into Force Order in council 22 Sections 13 to 17 come into force on a day to be fixed by order of the Governor in Council.