Marginal note:Interim orders
6.41 (1) For the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident, the Minister may make an interim order where the Minister is of the opinion that such an interim order is necessary for aviation safety or the safety of the public.
Marginal note:Coming into effect
(2) An interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.
Marginal note:Recommendation by Minister
(3) Where the Governor in Council approves an interim order, the Minister shall, as soon as possible after the approval, recommend to the Governor in Council that a regulation having the same effect as the interim order be made under this Part, and the interim order ceases to have effect
(a) where such a regulation is made, on the day on which the regulation comes into force; and
(b) where no such regulation is made, two years after the day on which the interim order is made.
(4) An interim order
(a) is exempt from the application of subsections 3(1) and 5(1) and section 11 of the Statutory Instruments Act; and
(b) where it is approved, shall be published in the Canada Gazette within twenty-three days after the day on which it is approved.
Marginal note:Contravention of unpublished order
(5) No person shall be found to have contravened an interim order that, at the time of the alleged contravention, was not published in the Canada Gazette in accordance with subsection (4), unless it is proved that at the date of the alleged contravention reasonable steps had been taken to bring the purport of that order to the notice of those persons likely to be affected by it.
Marginal note:Notice of interim order
(6) For the purposes of subsection (5), a certificate purporting to be signed by the Minister or the Secretary of the Department of Transport stating that a notice containing the interim order was issued is, in the absence of evidence to the contrary, proof that reasonable steps were taken to bring the purport of that order to the notice of those persons likely to be affected by it.
- 1992, c. 4, s. 13
- Date modified: