Precondition for Contravention of Unpublished Instruments

In plain language

You cannot be penalized for violating an unpublished airspace restriction, security measure, or emergency direction unless the authorities prove you were notified or that reasonable steps were taken to inform affected pilots.

Requirement as structured

No person shall be found to have contravened an unpublished airspace restriction, security measure, emergency direction, or interim order unless they were notified or reasonable steps were taken to notify them.

Original regulatory text

No person shall be found to have contravened any regulation or notice referred to in paragraph (1)(a), any security measure or emergency direction or any interim order that has not been published in the Canada Gazette under subsection 6.41(4) at the time of the alleged contravention unless it is proved that, at the time of the alleged contravention, the person had been notified of the regulation, security measure, emergency direction or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it.

Applies when

country

Canada

regulatory category

General