Canadian Aviation Regulations

Act: Aeronautics Act, R.S.C. 1985, c. A-2
Regulation: Canadian Aviation Regulations, SOR/96-433, as amended 

To Whom Does This Apply?

Anyone in the aviation industry.

Summary

The Aeronautics Act was passed by the Parliament of Canada in the exercise of its exclusive jurisdiction to make laws with respect to aeronautics. The Act is divided into four parts:

• Part I deals with the control of aeronautics in general;
• Part II, dealing with economic regulatory matters, has since been repealed and was replaced in part by the National Transportation Act, which in turn was replaced by the Canada Transportation Act;
• Part III sets out miscellaneous administrative provisions; and
• Part IV established the Civil Aviation Tribunal (CAT) in 1986, a process for enforcement of Canada's Aeronautics Act . This process includes powers of suspension, an administrative monetary penalty system and an independent tribunal to review the decisions made by the Minister of Transport.

The process was expanded on June 30, 2003 when the Transportation Appeal Tribunal of Canada Act established the Transportation Appeal Tribunal of Canada (TATC) and made consequent amendments to the Aeronautics Act . The new TATC is a multi-modal tribunal that is available to the air and rail sectors. It will be available to the marine sector at a later date.

The new Transportation Appeal Tribunal of Canada (TATC) has replaced the former Civil Aviation Tribunal (CAT) and has expanded jurisdiction and authority.  The Tribunal was established to provide the transportation community with the opportunity to have enforcement and licensing decisions taken by the Minister of Transport reviewed by an independent body. 

The addition of Part IV, along with several other substantive changes, was made pursuant to An Act to Amend the Aeronautics Act (the "1985 Amendment") enacted on June 28, 1985.

An Act to amend the Aeronautics Act and to amend an Act to amend the Aeronautics Act (the "1992 Amendment") was given Royal Assent on March 19, 1992. This and other subsequent minor housekeeping amendments update the legislation with respect to issues that have arisen since the 1985 Amendment. They also provide the legislative framework for the implementation of undertakings of the government regarding penalties for noise violations and federal-provincial recommendations with regard to airport zoning.

The Canadian Aviation Regulations govern all aspects of aviation and are divided into the following nine parts:

• Part I      - general provisions;
• Part II     - aircraft identification and registration, and operation of a leased aircraft by a non-registered owner;
• Part III     - aerodromes and airports;
• Part IV    - personnel licensing and training;
• Part V     - airworthiness;
• Part VI    - general operating and flight rules;
• Part VII   - commercial air services;
• Part VIII  - air navigation services; and
• Part IX    - repeals and coming into force.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact.

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National Contact(s):

Civil Aviation Communication Centre
Transport Canada
330 Sparks Street, 5th floor
Ottawa, Ontario  K1A 0N8
Telephone:613-993-7284
Toll-free (information):1-800-305-2059
Web site:http://www.tc.gc.ca/en/menu.htm