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Security Screening Services Commercialization Act (S.C. 2019, c. 29, s. 270)

Act current to 2024-05-01

Charges (continued)

Collection and Remittance (continued)

The following provision is not in force.

Marginal note:Duty to remit

 An air carrier that collects a charge under section 37 must remit the charge, in its entirety, to the designated screening authority within any reasonable time and in any reasonable manner specified by the designated screening authority.

The following provision is not in force.

Marginal note:Charge revised after paid

 If the amount of a charge imposed under paragraph 24(1)(a) increases after the day on which it is paid by or in respect of a passenger, no additional amount is required to be paid. If the amount of a charge decreases or the charge is terminated after that day, a refund is not required to be issued.

The following provision is not in force.

Marginal note:Refund

 The designated screening authority may refund a charge imposed under paragraph 24(1)(a). The payment of any refund may only be made, on behalf of the designated screening authority, by the air carrier that collected the charge.

Seizure and Detention of Aircraft

The following provision is not in force.

Marginal note:Seizure and detention of aircraft

  • The following provision is not in force.

     (1) In addition to any other remedy available for the collection of charges that an air carrier has failed to collect in accordance with section 37 or remit to the designated screening authority in accordance with section 38 and whether or not a judgment for the collection of the charges has been obtained, the designated screening authority may apply to the superior court of the province in which any aircraft owned or operated by the air carrier liable to collect and remit the charges is situated for an order, issued on any terms that the court considers appropriate, authorizing the designated screening authority to seize and detain that aircraft until the charges are remitted or a bond, suretyship or other security for the unpaid and overdue amount in a form satisfactory to the designated screening authority is deposited with the designated screening authority.

  • The following provision is not in force.

    Marginal note:Application ex parte

    (2) An application for an order referred to in subsection (1) may be made ex parte if the designated screening authority has reason to believe that the air carrier is about to take from Canada any aircraft owned or operated by it.

  • The following provision is not in force.

    Marginal note:Release

    (3) The designated screening authority must release from detention an aircraft seized under this section if

    • The following provision is not in force.

      (a) the amount in respect of which the seizure was made is paid;

    • The following provision is not in force.

      (b) a bond, suretyship or other security in a form satisfactory to the designated screening authority for the amount in respect of which the seizure was made is deposited with the designated screening authority; or

    • The following provision is not in force.

      (c) an order of a superior court directs the designated screening authority to do so.

The following provision is not in force.

Marginal note:Exempt aircraft

  • The following provision is not in force.

     (1) An order issued under section 41 does not apply if the aircraft is exempt from seizure under the laws of the province in which the court that issued the order is situated.

  • The following provision is not in force.

    Marginal note:State aircraft are exempt

    (2) State aircraft are exempt from seizure and detention under an order issued under section 41.

Enforcement

Marginal note:Court order — section 12

 On application by a current or former member, director or officer of the designated screening authority or any other person who, in the discretion of the court, is a proper person to make an application, a superior court may, if it is satisfied that the designated screening authority has contravened any of subsections 12(1) to (3), make any order that it considers appropriate in the circumstances, including an order requiring the designated screening authority to amend its articles of incorporation or by-laws or an order appointing directors in place of any of the directors then in office.

The following provision is not in force.

Marginal note:Court order — direction

 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening a direction issued under subsection 16(1), make an order directing the designated screening authority to comply with the direction. The court may also make any other order that it considers appropriate in the circumstances.

The following provision is not in force.

Marginal note:Court order — subsection 18(1)

 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening subsection 18(1), make an order directing the designated screening authority to comply with that subsection. The court may also make any other order that it considers appropriate in the circumstances.

The following provision is not in force.

Marginal note:Offence — section 23

 Every person who contravenes section 23 is guilty of an offence punishable on summary conviction and is liable

  • The following provision is not in force.

    (a) in the case of an individual, to a fine of not more than $5,000; or

  • The following provision is not in force.

    (b) in the case of a corporation, to a fine of not more than $25,000 for each day or part of a day that the offence continues.

Marginal note:Offence — direction

  • The following provision is not in force.

     (1) If the designated screening authority contravenes a direction issued under subsection 16(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues.

  • Marginal note:Offence — subsection 29(1)

    (2) If the designated screening authority contravenes subsection 29(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues.

Marginal note:Due diligence

 A person is not to be found guilty of an offence under section 46 or 47 if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Imprisonment precluded

 If a person is convicted of an offence under section 46 or 47, imprisonment is not to be imposed in default of payment of any fine imposed as punishment in relation to the offence.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) designating aerodromes for the purposes of this Act;

  • (b) prescribing persons or categories of persons for the purposes of paragraph 24(2)(d) or subsection 24(3);

  • (c) respecting the collection of charges under section 37 and the remittance of charges under section 38;

  • (d) requiring the designated screening authority to provide the Minister with any information that the Minister may request; and

  • (e) generally for carrying out the purposes and provisions of this Act.

Five-year Review

Marginal note:Review of Act

  •  (1) A review of the provisions and operation of this Act must be completed by the Minister during the fifth year after the transfer date.

  • Marginal note:Tabling of report

    (2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

Transitional Provisions

Marginal note:Sale or disposition of assets and liabilities

 The Canadian Air Transport Security Authority may, with the approval of the Governor in Council and on any terms and conditions that the Governor in Council considers appropriate,

  • (a) sell or otherwise dispose of some or all of its assets and liabilities to the designated screening authority; and

  • (b) do anything that is necessary for, or incidental to, a measure referred to in paragraph (a).

Marginal note:Directives

  •  (1) The Governor in Council may, on the recommendation of the Minister and on any terms and conditions that the Governor in Council considers appropriate, issue a written directive to the Canadian Air Transport Security Authority to take any measure referred to in section 52.

  • Marginal note:Time limit

    (2) The Governor in Council may issue a directive only before the transfer date.

  • Marginal note:Directive binding

    (3) The Canadian Air Transport Security Authority and its directors, officers and employees must comply with a directive as soon as feasible. Compliance with a directive is deemed to be in the Canadian Air Transport Security Authority’s best interests.

  • Marginal note:Notice of implementation

    (4) The Canadian Air Transport Security Authority must notify the Minister as soon as feasible after a directive has been implemented.

  • Marginal note:Non-application of Statutory Instruments Act

    (5) The Statutory Instruments Act does not apply to a directive.

Marginal note:Proceeds of disposition

 The Canadian Air Transport Security Authority must pay the proceeds from a sale or other disposition of assets or liabilities under section 52 to the Receiver General.

Marginal note:Financial Administration Act

 Section 89 of the Financial Administration Act does not apply to any measure referred to in section 52.

Marginal note:Part X of Financial Administration Act

 The Governor in Council may, by order, declare that any provision of Part X of the Financial Administration Act does not apply to or in respect of the Canadian Air Transport Security Authority.

Marginal note:Canadian Air Transport Security Authority Act

 Beginning on the transfer date, sections 6 to 9, 27 to 30.1 and 34 of the Canadian Air Transport Security Authority Act are suspended.

Marginal note:Regulations and places designated

 On the transfer date, regulations made under paragraph 34(a) of the Canadian Air Transport Security Authority Act are deemed to have been made under section 50 of this Act and any place designated by the Minister under subsection 6(1.1) of that Act is deemed to be designated under subsection 18(3) of this Act.

Marginal note:Transition period payments

  •  (1) The Minister may enter into an agreement with the designated screening authority regarding transition period payments by Her Majesty in right of Canada to the designated screening authority after the transfer date.

  • Marginal note:Appropriation

    (2) There is appropriated the sum of $872,000,000, or any greater amount that is authorized from time to time under an appropriation Act, to be paid out of the Consolidated Revenue Fund from time to time as required for the purpose of implementing an agreement referred to in subsection (1).

Marginal note:Minister’s approval of initial charges

  •  (1) The designated screening authority may, before the first anniversary of the transfer date, submit a request to the Minister for approval of the initial charges that it proposes to establish for security screening services made available or provided under section 18 at aerodromes designated by the regulations.

  • Marginal note:Time limit

    (2) The Minister must, within 60 days after the day on which he or she receives a request, decide whether the designated screening authority observed the charging principles.

  • Marginal note:Decision

    (3) If the Minister decides that the designated screening authority observed the charging principles, the Minister must approve the proposal.

  • Marginal note:Notice in writing

    (4) The Minister must notify the designated screening authority in writing of his or her decision.

  • Marginal note:Duty to publish notice

    (5) The designated screening authority must publish, in accordance with section 29, a notice of a proposal that has been approved by the Minister and must indicate in the notice that the proposal has been approved.

Marginal note:Closing out of affairs

  •  (1) Beginning on the transfer date, the Canadian Air Transport Security Authority is authorized to sell or otherwise dispose of all or substantially all of its assets and liabilities and do everything necessary for or incidental to closing out its affairs.

  • Marginal note:Legal powers

    (2) For the purposes of this section, the Canadian Air Transport Security Authority has the capacity, rights, powers and privileges of a natural person.

  • Marginal note:Minister’s power

    (3) Beginning on the transfer date, the Minister may require the Canadian Air Transport Security Authority to do anything that, in his or her opinion, is necessary to sell or otherwise dispose of all or substantially all of its assets and liabilities, satisfy its debts, manage its expenses or otherwise close out its affairs.

  • Marginal note:Compliance

    (4) The Canadian Air Transport Security Authority must do what the Minister requires under subsection (3).

 [Amendments]

Marginal note:Dissolution

 The Canadian Air Transport Security Authority is dissolved on a day to be fixed by order of the Governor in Council.

 

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