Safeguarding Canada’s Seas and Skies Act (S.C. 2014, c. 29)
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Assented to 2014-12-09
Safeguarding Canada’s Seas and Skies Act
S.C. 2014, c. 29
Assented to 2014-12-09
An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts
SUMMARY
Part 1 enacts the Aviation Industry Indemnity Act, which authorizes the Minister of Transport to undertake to indemnify certain aviation industry participants for loss, damage or liability caused by events that are commonly referred to in the insurance industry as “war risks”. The Minister may undertake to indemnify all aviation industry participants, or may specify that an undertaking applies only to specific participants or classes of participant or applies only in specific circumstances. The Act also requires that the Minister, at least once every two years, assess whether it is feasible for aviation industry participants to obtain insurance coverage for events or other similar coverage, and that the Minister report regularly to Parliament on his or her activities under the Act. Part 1 also makes consequential amendments to other Acts.
Part 2 amends the Aeronautics Act to provide certain persons with powers to investigate aviation accidents or incidents involving civilians and aircraft or aeronautical installations operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force. It also establishes privilege in respect of on-board recordings, communication records and certain statements, and permits, among other things, access to an on-board recording if certain criteria are met. Finally, it makes consequential amendments to other Acts.
Part 3 amends the Canada Marine Act in relation to the effective day of the appointment of a director of a port authority.
Part 4 amends the Marine Liability Act to implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010. Among other things, it gives force of law to many provisions of the Convention, clarifies the liability of the Ship-source Oil Pollution Fund with respect to the Convention and confers powers, duties and functions on the Fund’s Administrator.
Part 5 amends the Canada Shipping Act, 2001 to introduce new requirements for operators of oil handling facilities, including the requirement to notify the Minister of their operations and to submit plans to the Minister. It extends civil and criminal immunity to the agents or mandataries of response organizations engaged in response operations. It also introduces new enforcement measures for Part 8 of the Act, including by applying the administrative monetary penalties regime contained in Part 11 of that Act to Part 8.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Safeguarding Canada’s Seas and Skies Act.
PART 1AVIATION INDUSTRY INDEMNITY ACT
Enactment of Act
Marginal note:Enactment
2. The Aviation Industry Indemnity Act is enacted as follows:
An Act respecting the indemnity of certain aviation industry participants for certain events
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Aviation Industry Indemnity Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“airport”
« aéroport »
“airport” has the same meaning as in subsection 3(1) of the Aeronautics Act.
“aviation industry participant”
« participant de l’industrie aérienne »
“aviation industry participant” means
(a) an air carrier, as defined in subsection 3(1) of the Aeronautics Act, that is a Canadian, as defined in subsection 55(1) of the Canada Transportation Act;
(b) NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act;
(c) an owner or operator of an airport;
(d) a supplier of goods or services that directly support the operation of aircraft from an airport, including with respect to
(i) the preparation of an aircraft for departure or on its arrival, including maintenance and cleaning of the aircraft and the loading and unloading of passengers, baggage and cargo,
(ii) freight forwarding,
(iii) air navigation, or
(iv) airport security services; or
(e) an entity that is prescribed by regulation or a member of a class of entity that is prescribed by regulation.
“event”
« événement »
“event” means
(a) an act of unlawful interference with an aircraft, airport or air navigation facility, including an act of terrorism; or
(b) an act or omission in the course of armed conflict, war, invasion, hostilities, civil war, revolution, rebellion, insurrection, an application of martial law, a usurpation or attempted usurpation of power, a civil commotion or a riot.
“Minister”
« ministre »
“Minister” means the Minister of Transport.
UNDERTAKING
Marginal note:Undertaking by Minister
3. (1) The Minister may, in writing, undertake to indemnify one or more aviation industry participants — or one or more classes of aviation industry participant — against their loss or damage, or liability for loss or damage, that is caused by an event.
Marginal note:Limitation
(2) The undertaking to indemnify is limited to
(a) loss, damage or liability, or any portion of it, that is not insured or otherwise indemnified; and
(b) loss, damage or liability that is not solely with respect to a loss of income.
Marginal note:Terms
(3) The Minister may attach terms to an undertaking, including terms that
(a) specify the event or class of event that is covered by the undertaking or that is excluded from coverage;
(b) specify the activity or class of activity in which an aviation industry participant engages that is covered by the undertaking or that is excluded from coverage;
(c) specify the class of loss, damage or liability that is covered by the undertaking or that is excluded from coverage;
(d) establish the maximum amount of indemnification, or the method to determine that amount, that may be paid out to an aviation industry participant per event;
(e) require that an aviation industry participant obtain a specified minimum amount of insurance coverage for events; and
(f) require that an aviation industry participant enter, at the Minister’s request, into an agreement with the Minister respecting the conduct or settlement of any proceedings to which the participant is a party that are related to loss, damage or liability covered by the undertaking.
Marginal note:Different terms
(4) In attaching terms to an undertaking, the Minister may distinguish among aviation industry participants, including among aviation industry participants of the same class, and may distinguish among classes of aviation industry participants.
Marginal note:Incorporation by reference
(5) An undertaking may incorporate any material by reference, regardless of its source, as it exists on a particular date.
Marginal note:No delegation
(6) The Minister must personally exercise the powers that are set out in this section.
Marginal note:Statutory Instruments Act
4. (1) The Statutory Instruments Act does not apply to an undertaking.
Marginal note:Publication
(2) The Minister must cause an undertaking, an amended undertaking or a notice of revocation of an undertaking to be published in Part I of the Canada Gazette within 23 days after the issuance, amendment or revocation.
Marginal note:Request for information
5. At any time after the Minister issues an undertaking, he or she may request that aviation industry participants who are covered by the undertaking provide him or her with any information that he or she specifies, including with respect to their eligibility and their existing level of insurance coverage for events covered by the undertaking.
CLAIM FOR INDEMNIFICATION
Marginal note:Notice of potential claim
6. (1) An aviation industry participant must provide the Minister with a written notice of a potential claim within two years after the day on which the event that could give rise to a claim occurred.
Marginal note:Information to be provided
(2) The aviation industry participant must provide the Minister with any additional information that the Minister considers necessary in the circumstances.
Marginal note:Claim and indemnification
7. (1) After an aviation industry participant submits a written claim for indemnification under an undertaking, the Minister must review the claim and — if a notice was provided in accordance with section 6 and the Minister determines that the claim is eligible for indemnification under the undertaking as it read on the day on which the event that gave rise to the claim occurred — indemnify the participant accordingly.
Marginal note:Further information
(2) The aviation industry participant must provide the Minister with any additional information that the Minister considers necessary to determine if the claim is eligible for indemnification.
Marginal note:Deeming — single event
(3) If the Minister considers that two or more events are directly connected by any factor or factors, including timing, cause or the parties involved, he or she may deem the events to be a single event.
Marginal note:Reliance on court or tribunal
(4) The Minister may, in determining if a claim is eligible for indemnification, rely on a final determination, not subject to any appeal, of a court or other tribunal, in or outside Canada.
Marginal note:Fault of aviation industry participant
(5) Despite subsection (1), the Minister is not required to indemnify an aviation industry participant if the Minister is of the opinion that the loss, damage or liability claimed is principally the fault of the aviation industry participant.
Marginal note:For greater certainty
(6) For greater certainty, the Minister’s determination of whether the claim is eligible for indemnification includes a determination of the amount, if any, of the indemnification.
Marginal note:Consolidated Revenue Fund
8. Any amount payable under an undertaking is to be paid out of the Consolidated Revenue Fund.
Marginal note:Subrogation
9. (1) Her Majesty is subrogated, to the extent of a payment under an undertaking to an aviation industry participant, to all of the participant’s rights in respect of the loss, damage or liability for which the payment was made.
Marginal note:Action
(2) Her Majesty may maintain an action, in the aviation industry participant’s name or in the name of Her Majesty, against any person to enforce those rights.
ASSESSMENT AND REPORT
Marginal note:Assessment
10. The Minister must, at least once every two years, assess whether it is feasible for aviation industry participants to obtain insurance coverage for events or other similar coverage.
Marginal note:Report
11. (1) The Minister must prepare a report on his or her activities under this Act within
(a) 90 days after the day on which he or she issued, amended or revoked an undertaking; and
(b) two years after the day on which a report was last tabled, if he or she has not, within that period, issued, amended or revoked an undertaking.
Marginal note:Tabling in Parliament
(2) The Minister must cause each report to be tabled in each House of Parliament within the first 15 days on which the House is sitting after the report is prepared.
REGULATIONS
Marginal note:Governor in Council
12. The Governor in Council may, on the Minister’s recommendation, make regulations for the purpose of this Act, including regulations
(a) prescribing an entity or class of entity for the purpose of the definition “aviation industry participant” in section 2; and
(b) respecting the circumstances in which an undertaking may cover only one aviation industry participant.
Consequential Amendments
R.S.C. 1970, c. W-3Marine and Aviation War Risks Act
3. The long title of the Marine and Aviation War Risks Act is replaced by the following:
4. Section 1 of the Act is replaced by the following:
Marginal note:Short title
1. This Act may be cited as the Marine War Risks Act.
5. (1) The definition “aircraft” in section 2 of the Act is repealed.
(2) The definition “Account” in section 2 of the Act is replaced by the following:
“Account”
« compte »
“Account” means the Marine War Risks Insurance Account established under section 5;
6. Section 3 of the Act is replaced by the following:
Marginal note:Insurance and reinsurance agreements
3. The Minister, for the purpose of securing that ships are not laid up and that commerce is not interrupted by reason of lack of insurance facilities, may enter into an agreement, in the form and containing the terms and conditions that may be prescribed by the regulations or otherwise approved by the Governor in Council, with any person or association of persons for the insurance or reinsurance by the Minister against any or all war risks of vessels or cargo.
7. Paragraph 4(c) of the Act is replaced by the following:
(c) respecting the designation of countries of registry for the purposes of paragraph (c) of the definition “vessel” in section 2.
8. The portion of subsection 5(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Marine War Risks Insurance Account
5. (1) There shall be established in the accounts of Canada an account to be known as the Marine War Risks Insurance Account to which shall be credited
References
Marginal note:Reference replaced — Act
9. (1) Every reference to the Marine and Aviation War Risks Act is replaced by a reference to the Marine War Risks Act in any Act of Parliament other than the Marine War Risks Act and in any instrument made under an Act of Parliament or by or under the authority of the Governor in Council.
Marginal note:Reference replaced — Account
(2) Every reference to the Marine and Aviation War Risks Insurance Account is replaced by a reference to the Marine War Risks Insurance Account in any Act of Parliament other than the Marine War Risks Act and in any instrument made under an Act of Parliament or by or under the authority of the Governor in Council.
PART 2R.S., c. A-2AERONAUTICS ACT
Amendments to the Act
Marginal note:R.S., c. 33 (1st Supp.), s. 1
10. (1) The definition “Minister” in subsection 3(1) of the Aeronautics Act is replaced by the following:
“Minister”
« ministre »
“Minister” means
(a) subject to paragraph (b), the Minister of Transport or any other Minister that is designated by the Governor in Council as the Minister for the purposes of this Act, and
(b) the Minister of National Defence — or, under the direction of the Minister of National Defence, the Chief of the Defence Staff appointed under the National Defence Act — with respect to any matter relating to defence, including any matter relating to any of the following:
(i) military personnel, a military aeronautical product, a military aerodrome or military equipment of Canada or a foreign state, or a military facility of Canada or a foreign state relating to aeronautics, and
(ii) a service relating to aeronautics provided by such personnel, by means of such an aeronautical product or such equipment or at such an aerodrome or facility;
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(2) Subsection 3(2) of the Act is replaced by the following:
“Minister” for certain purposes
(2) Despite the definition “Minister” in subsection (1), “Minister”, in relation to any matter referred to in paragraph 4.2(1)(n), 4.9(p), (q) or (r) or 8.7(1)(b), means the Minister of National Defence.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
11. (1) Section 4.2 of the Act is renumbered as subsection 4.2(1).
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(2) Paragraph 4.2(1)(n) of the Act is replaced by the following:
(n) subject to subsection (2), investigate matters relating to aviation safety; and
(3) Section 4.2 of the Act is amended by adding the following after subsection (1):
Marginal note:Exception — investigations of military-civilian occurrences
(2) Investigations of military-civilian occurrences, as defined in Part II, shall be carried out in accordance with that Part by the Airworthiness Investigative Authority, designated by the Minister under section 12.
12. The Act is amended by adding the following after section 4.3:
Marginal note:Authorization by authorized person
4.31 Any person whom the Minister of National Defence has authorized to exercise or perform powers, duties or functions relating to airworthiness may, in accordance with the authorization, authorize another person under their authority to exercise or perform any of those powers, duties or functions.
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