Vol. 143, No. 20 — September 30, 2009

Registration

SOR/2009-268 September 9, 2009

AERONAUTICS ACT

Regulations Amending the Canadian Aviation Regulations (Part I)

P.C. 2009-1539 September 9, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to subsection 7.6(1) (see footnote a) of the Aeronautics Act (see footnote b), hereby makes the annexed Regulations Amending the Canadian Aviation Regulations (Part I).

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PART I)

AMENDMENTS

1. The reference “Subsection 202.07(1)” in column I of Subpart 2 of Part II of Schedule II to Subpart 3 of Part I of the Canadian Aviation Regulations (see footnote 1) and the corresponding amounts in column II are replaced by the following:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 202.07(1)	5,000	25,000

2. The reference “Subsection 202.43(2)” in column I of Subpart 2 of Part II of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are replaced by the following:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 202.43(2)	5,000	25,000

3. The reference “Subsection 301.07(11)” in column I of Subpart 1 of Part III of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are repealed.

4. Subpart 3 of Part III of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 303.10(2)”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 303.10(3)	3,000	15,000

5. Subpart 6 of Part IV of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 406.03(1)”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 406.03(3)	1,000	5,000

6. Subpart 6 of Part IV of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Section 406.35”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 406.36(1)	3,000	15,000

7. Subpart 6 of Part IV of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 406.47(1)”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 406.47(3)	5,000	25,000

8. Subpart 73 of Part V of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 573.14(2)”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Section 573.15	1,000	5,000

9. Subpart 2 of Part VI of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 602.40(1)”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Section 602.41	5,000	25,000

10. Subpart 2 of Part VI of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 602.96(4)”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 602.96(6)	5,000	25,000

11. Subpart 1 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 701.25(8)”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 701.29(1)	5,000	25,000
Subsection 701.30(1)	5,000	25,000
Subsection 701.30(4)	1,000	5,000
Subsection 701.30(5)	5,000	25,000

12. The reference “Subsection 705.80(2)” in column I of Subpart 5 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are replaced by the following:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 705.80(1)	5,000	25,000
Subsection 705.80(4)	1,000	5,000

13. Subpart 5 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 705.80(5)”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Section 705.81	5,000	25,000

14. Subpart 1 of Part VIII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 801.09(3)”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Section 801.10	5,000	25,000

15. The reference “Section 803.01” in column I of Subpart 3 of Part VIII of Schedule II to Subpart 3 of Part I of the Regulations is replaced by the following:

Column I Designated Provision
Subsection 803.01(2)

COMING INTO FORCE

16. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

These amendments to the Canadian Aviation Regulations revise Schedule II of Subpart 3 of Part I, Administration and Compliance. This schedule sets forth the maximum monetary penalty that may be assessed against individuals and corporations for the contravention of designated provisions.

These amendments

• designate 16 provisions as offences with administrative monetary penalties (e.g. 602.41 Unmanned Air Vehicles, 701.29(1) Closing and Locking of Flight Deck Door);
• set a maximum monetary penalty for each violation ($5,000 for individuals and $25,000 for corporations);
• repeal three designated provisions that are no longer offence creating (301.07(11) Lighting, 705.80(2) Doors and Locks and 803.01 Provision of Aeronautical Information Services); and
• correct the monetary penalty associated to two designated provisions to reflect the original intent (202.07(1) Use of Marks Assigned to a Manufacturer and 202.43(2) Aircraft Registered in Foreign State).

Description and rationale

Individuals and corporations that contravene the Canadian Aviation Regulations can be fined with administrative monetary penalties, receive oral counseling, or have a Canadian Aviation Document suspended or cancelled. Repetitive non-complying behaviour will result in increased amounts of monetary penalties. These measures are designed to encourage voluntary compliance, ensuring continued aviation safety.

Consultation

Civil Aviation Regulatory Affairs sent a letter to the affected stakeholders on May 27, 2008, informing them of the Minister’s intention to move forward with this initiative. Stakeholders interested in commenting on these amendments were offered 30 days to forward their comments.

Implementation, enforcement and service standards

These administrative monetary penalties become effective upon publication in the Canada Gazette, Part II.

Aviation enforcement personnel follow a specific set of procedures to ensure fair enforcement of the Canadian Aviation Regulations and a consistent application of these enforcement measures. Penalties are determined in relation to the seriousness of each violation, including mitigating or aggravating factors, the possible consequences of non-compliance and the compliance record of the offender. As a matter of policy, corporations will be subject to higher penalties than individuals. Offenders have 30 days to appeal a decision to the Transportation Appeal Tribunal of Canada.

Contact

Acting Chief
Regulatory Affairs
AARBH
Safety and Security
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N8
Telephone: 613-990-1184 or 1-800-305-2059
Fax: 613-990-1198
Email: www.tc.gc.ca

Footnote a
S.C. 2004, c. 15, s. 18

Footnote b
R.S., c. A-2

Footnote 1
SOR/96-433

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).