A-2, s. 7.61 - section overview

In plain language

Establishes the legal framework for administrative violations under the Canadian Aeronautics Act, including rules on continuing violations, the due diligence defence, and vicarious liability for aircraft owners, operators, and pilots-in-command.

Requirement as structured

Establishes the legal framework for administrative violations under the Canadian Aeronautics Act, including rules on continuing violations, the due diligence defence, and vicarious liability for aircraft owners, operators, and pilots-in-command.

Original regulatory text

(1) Every person who contravenes a provision designated under paragraph 7.6(1)(a) commits a violation and is liable to a penalty not exceeding the maximum amount prescribed under paragraph 7.6(1)(b). (2) Continuing violationA violation that is committed or continued on more than one flight or segment of a flight constitutes a separate violation for each flight or segment of a flight on which the violation is committed or continued. (3) Manner of proceedingIf a contravention of a provision designated under paragraph 7.6(1)(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding in the other. (4) Nature of violationFor greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. (5) Due diligence defenceA person is not to be found liable for a violation if they establish that they exercised all due diligence to prevent its commission. (6) Vicarious liability — owners of aircraftIf a person may be proceeded against under this Part for a violation relating to an aircraft, the registered owner of the aircraft may be proceeded against for the violation — whether or not the person is identified or proceeded against for the violation — unless, at the time of the violation, the aircraft was in the possession of a person other than the owner without the owner’s consent. (7) Vicarious liability — operators of aircraftIf a person may be proceeded against under this Part for a violation relating to an aircraft, the operator of the aircraft may be proceeded against for the violation — whether or not the person is identified or proceeded against for the violation — unless, at the time of the violation, the aircraft was in the possession of a person other than the operator without the operator’s consent. (8) Vicarious liability — pilots-in-commandIf a crew member may be proceeded against under this Part for a violation relating to an aircraft, the pilot-in-command of the aircraft may be proceeded against for the violation — whether or not the crew member is identified or proceeded against for the violation — unless the violation was committed without the consent of the pilot-in-command. (9) Proof of violationIn any proceedings under this Part against any of the following persons for a violation, it is sufficient proof of the violation to establish that the act or omission that constitutes the violation was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or proceeded against for the violation: (a) the registered owner of an aircraft; (b) the operator of an aircraft; (c) the operator of an aerodrome or other aviation facility; (d) an air traffic service provider; (e) an organization that holds a Canadian aviation document authorizing the maintenance of a aeronautical product or the provision of a maintenance service.

Applies when

country

Canada

regulatory category

General