AvRegs Canada

← Aeronautics Act

PART III

Prosecution

26Limitation period history

No proceedings under sections 7.6 to 8.2 or by way of summary conviction under this Act may be instituted after twelve months from the time when the subject-matter of the proceedings arose.

R.S., 1985, c. A-2, s. 26; R.S., 1985, c. 33 (1st Supp.), s. 4

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27Proof of documents history
(1)

In any action or proceeding under this Act, any document purporting to be certified by the Minister of Transport, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — as a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence

(a)

of the original document of which it purports to be a copy;

(b)

that the original document was made, given or issued by or by the authority of or deposited with the person named therein and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated therein; and

(c)

that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.

Certificate

(2)

In any action or proceeding under this Act, any certificate purporting to be signed by the Minister of Transport or the Secretary of the Department of Transport — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — is evidence of the facts stated in it, without proof of the signature or of the official character of the person appearing to have signed the certificate and without further proof of the certificate, if the certificate states that a document, authorization or exemption under this Act

(a)

has or has not been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, or

(b)

having been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, has expired, or has been cancelled or suspended as of a date stated in the certificate, and stating, in the case of a suspension, the period of the suspension.

R.S., 1985, c. A-2, s. 27; R.S., 1985, c. 33 (1st Supp.), s. 4, c. 28 (3rd Supp.), s. 359; 1996, c. 10, s. 205; 2014, c. 29, s. 20

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28Document entries as proof history

In any action or proceeding under this Act, an entry in any record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated therein as against the person who made the entry or was required to keep the record or, where the record was kept in respect of an aeronautical product, aerodrome or other aviation facility, against the owner or operator of the product, aerodrome or facility.

R.S., 1985, c. A-2, s. 28; R.S., 1985, c. 33 (1st Supp.), s. 4; 1992, c. 4, s. 24(F)

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