PART I — Aeronautics

Voluntary Provision of Information

5.31Provision of information history

(1)

For the purpose of promoting aviation safety and security, the Minister may

(a)

establish and administer programs under which a person or organization may provide information related to aviation safety or security; and

(b)

enter into arrangements or agreements with any person or organization respecting the provision of information related to aviation safety or security.

Regulations

(2)

The Governor in Council may make regulations respecting the programs, arrangements and agreements referred to in subsection (1) and, without restricting the generality of the foregoing, may make regulations prescribing circumstances for the purposes of paragraph 5.32(j) or 5.33(f).

2026, c. 3, s. 475

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5.32Non-disclosure of information history

Information obtained by the Minister under a program, arrangement or agreement referred to in subsection 5.31(1) is confidential and must not be disclosed by any person unless

(a)

the person or organization that provided the information consents in writing to its disclosure;

(b)

the information is required to be provided under this Act;

(c)

the information was also obtained by means other than under the program, arrangement or agreement;

(d)

the disclosure is required under an Act of Parliament;

(e)

the disclosure is required for compliance with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for compliance with rules of court relating to the production of information;

(f)

the information relates to

(i)

a contravention of any provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part, and

(ii)

an accident or a security incident that must be reported under this Act or an accident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act;

(g)

the information relates to a contravention of subsection 7.3(1) or 7.41(1);

(h)

the information relates to a contravention of any provision of this Part — other than subsection 7.3(1) or 7.41(1) — or any regulation, notice, order, security measure or emergency direction made under this Part and the Minister has reasonable grounds to believe that the contravention was committed knowingly or under circumstances amounting to gross negligence or, in Quebec, gross fault;

(i)

the disclosure is, in the Minister’s opinion, necessary to deal with

(i)

a significant risk, direct or indirect, to aviation safety or the safety of the public, or

(ii)

an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members; or

(j)

the disclosure is authorized in the circumstances prescribed by regulations.

2026, c. 3, s. 475

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5.33Protection history

Any information provided under a program, arrangement or agreement referred to in subsection 5.31(1) is not to be used against the person who provided it in any proceedings in respect of a contravention under this Act unless

(a)

the information is required to be provided under this Act;

(b)

the information was also obtained by means other than under the program, arrangement or agreement;

(c)

the information relates to

(i)

a contravention of any provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part, and

(ii)

an accident or a security incident that must be reported under this Act or an accident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act;

(d)

the information relates to a contravention of subsection 7.3(1) or 7.41(1);

(e)

(f)

the circumstances prescribed by regulations exist.

2026, c. 3, s. 475

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