CANADA CHAPTER 2. An Act to authorize the control of Aeronautics. SHORT TITLE. 1. This Act may be cited as the Aeronautics Act. R.S., Short title. c. 3, s. 1. PART I. 1944-45, c. 28, s. 1. INTERPRETATION. defined. 2. In this Part, "Minister" means the Minister of "Minister" Transport or such other Minister as the Governor in Council may from time to time designate, except that in any matter relating to defence, "Minister" means the Minister of National Defence. 1950, c. 23, s. 1. Duties of 3. It is the duty of the Minister (a) to supervise all matters connected with aeronautics; Minister. (b) to undertake, and to co-operate with persons undertaking, such projects, technical research, study or investigation as in his opinion will promote the development of aeronautics in Canada; (c) to construct and maintain all Government aerodromes and air stations, including all plant, machinery and buildings necessary for their efficient equipment and upkeep; (d) to control and manage all aircraft and equipment necessary for the conduct of any of Her Majesty's services; (e) to operate such services as the Governor in Council may approve; (f) to prescribe aerial routes; (g) to co-operate with other officers of Her Majesty, and to assist in the carrying out of any services under their jurisdiction that may require aerial work of any nature, and to collaborate with the officers employed in existing air services of Her Majesty in such extension of their present work as the development of aeronautics. may require; Powers of to make with approval (h) to take such action as may be necessary to secure, by international regulation or otherwise, the rights of Her Majesty in respect of Her Government of Canada, in international air traffic; (i) to co-operate with the officers of his Department on all questions relating to the air defence of Canada; (j) to co-operate with the Air staffs or authorities of other governments or countries for any purposes pertaining to air services; (k) to investigate, examine and report on the operation and development of commercial air services within or partly within Canada or the limits of the territorial waters of Canada; (1) to consider, draft and prepare for approval by the Governor in Council such regulations as may be considered necessary for the control or operation of aeronautics in Canada or within the limits of the territorial waters of Canada and for the control or operation of aircraft registered in Canada wherever such aircraft may be; and (m) to perform such other duties as the Governor in Council may from time to time impose. R.S., c. 3, s. 3; 1950, c. 23, s. 2. 4. (1) Subject to the approval of the Governor in Council, the Minister may make regulations to control and regulations regulate air navigation over Canada and the territorial waters of Canada and the conditions under which aircraft registered in Canada may be operated over the high seas or any territory not within Canada, and, without restricting the generality of the foregoing, may make regulations with respect to of Governor in Council. (a) licensing pilots and other persons engaged in the navigation of aircraft, and the suspension and revocation of such licences; (b) the registration, identification, inspection, certification and licensing of all aircraft; (c) the licensing, inspection and regulation of all aerodromes and air-stations; (d) the conditions under which aircraft may be used or operated; (e) the conditions under which goods, mails and passengers may be transported in aircraft and under which any act may be performed in or from aircraft or under which aircraft may be employed; (f) the prohibition of navigation of aircraft over such (g) the areas within which aircraft coming from any may carry (2) Any regulation made under subsection (1) may Minister authorize the Minister to make orders or directions with out regularespect to such matters coming within this section as the tions by regulations may prescribe. ministerial order or direction. (3) Every person who violates the provisions of a regu- Offence lation is guilty of an offence and is liable on summary and penalty. conviction to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding one year or to both fine and imprisonment. (4) Every person who violates an order or direction Idem. of the Minister made under a regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both fine and imprisonment. R.S., c. 3, s. 4; 1950, c. 23, s. 3. in Council may compen 5. (1) The Governor in Council may make regulations Governor prescribing the compensation to be paid, the persons to whom, and the manner in which, such compensation shall prescribe be payable, for the death or injury resulting directly from sation a flight undertaken in the course of duty in the public payable for service of Canada of any person employed in the public injury. service of Canada, or employed under the direction of any directly department of the public service of Canada. death or resulting from a flight of duty. (2) Such regulations shall not extend to the payment of undertaken compensation for any death or injury in respect of which in course provision for the payment of compensation or a gratuity or pension is made by any other Act, unless the claimant elects to accept the said compensation, instead of the compensation, gratuity or pension under any such other Act. R.S., c. 3, s. 7. PART II. INTERPRETATION. Definitions. "Aircraft." "Air carrier." "Board." "Hire or reward." "Minister." Application. Air Transport Term of office. Re-appoint ment. Payment of services. Chairman. Substitutes. 6. (1) In this Part, (a) "aircraft" means any machine used or designed for navigation of the air; (b) "air carrier" means any person who operates a commercial air service; (c) "Board" means the Air Transport Board; (d) "commercial air service" means any use of aircraft in or over Canada for hire or reward; (e) "hire or reward" means any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected for the use of an aircraft by a person who, as owner, lessee, hirer, pilot or otherwise, has possession of or control over the aircraft or has directed the movement of the aircraft; (f) "Minister" means the Minister of Transport or the Minister designated by the Governor in Council under section 2. (2) This Part does not apply to aircraft that are used by Her Majesty's Forces or by any armed forces co-operating with Her Majesty's Forces and bear the insignia or markings of Her Majesty's Forces or any such forces. 1944-45, c. 28, s. 6; 1945, c. 9, s. 1; 1950, c. 23, s. 4. 7. (1) There shall be a board to be known as the Air Transport Board consisting of three members appointed. by the Governor in Council. (2) The members shall hold office during good behaviour for a period of ten years, but may be removed at any time for cause by the Governor in Council and the members first appointed shall be appointed for periods of ten, seven and four years respectively. (3) Any retiring member is eligible for re-appointment. (4) Each member shall be paid such sum for his services as the Governor in Council may from time to time determine. (5) The Governor in Council shall designate one of the members to be chairman of the Board. (6) If any member of the Board by reason of absence or other incapacity is unable at any time to perform the duties of his office, the Governor in Council may appoint a temporary substitute member upon such terms and conditions as the Governor in Council may prescribe. |