AvRegs Canada

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PART II — Military Investigations Involving Civilians

Interpretation

10Definitions history
(1)

The following definitions apply in this Part.

Authority means the Airworthiness Investigative Authority designated under subsection 12(1). (directeur)

civilian means a person who is not subject to the Code of Service Discipline set out in Part III of the National Defence Act. (civil)

department means

(a)

any department of the Government of Canada, including the minister responsible for it and any person acting on behalf of that minister;

(b)

any body listed in the schedule to the Canadian Transportation Accident Investigation and Safety Board Act; and

(c)

any fact-finding authority, body or person established or appointed by such a department, minister, person or body. (ministère)

military-civilian occurrence means

(a)

any accident or incident involving

(i)

an aircraft operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force, or an installation operated by or on behalf of any of the above that is designed or used for the manufacture of an aircraft or other aeronautical product, or that is being used for the operation or maintenance of an aircraft or other aeronautical product, and

(ii)

a civilian; or

(b)

any situation or condition that the Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a). (accident militaro-civil)

visiting force has the same meaning as in section 2 of the Visiting Forces Act. (force étrangère présente au Canada)

Application

(2)

This section and sections 11 to 24.7 apply in respect of military-civilian occurrences

(a)

in or over Canada;

(b)

in or over any place that is under Canadian air traffic control; and

(c)

in or over any other place in any of the following cases:

(i)

Canada is requested to investigate the occurrence by an appropriate authority,

(ii)

the civilians involved are employed in that place by the Department of National Defence or by the Canadian Forces, or

(iii)

the civilians involved are in Canada.

R.S., 1985, c. A-2, s. 10; R.S., 1985, c. 33 (1st Supp.), s. 1; 2014, c. 29, s. 19

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