AvRegs Canada

← Aeronautics Act

PART I — Aeronautics

Responsibilities of Minister

4.2Minister’s responsibilities respecting aeronautics history
(1)

The Minister is responsible for the development and regulation of aeronautics and the supervision of all matters connected with aeronautics and, in the discharge of those responsibilities, the Minister may

(a)

promote aeronautics by such means as the Minister considers appropriate;

(b)

construct, maintain and operate aerodromes and establish and provide other facilities and services relating to aeronautics;

(c)

establish and provide facilities and services for the collection, publication or dissemination of information relating to aeronautics and enter into arrangements with any person or branch of government for the collection, publication and dissemination of that information;

(d)

undertake, and cooperate with persons undertaking, such projects, technical research, study or investigation as in the opinion of the Minister will promote the development of aeronautics;

(e)

control and manage all aircraft and equipment necessary for the conduct of any services of Her Majesty in right of Canada;

(f)

establish aerial routes;

(g)

cooperate with officers of Her Majesty in right of Canada and assist them in providing any services under their jurisdiction that may require any aerial work and collaborate with officers employed in aviation services of Her Majesty in such extension of their work as the development of aeronautics may require;

(h)

take such action as may be necessary to secure by international regulation or otherwise the rights of Her Majesty in right of Canada in international air traffic;

(i)

cooperate with officers of Her Majesty in right of Canada on all matters relating to defence;

(j)

cooperate or enter into administrative arrangements with aeronautics authorities of other governments or foreign states with respect to any matter relating to aeronautics;

(k)

investigate, examine and report on the operation and development of commercial air services in, to or from Canada;

(l)

provide financial and other assistance to persons, governments and organizations in relation to matters pertaining to aeronautics;

(m)

for the purposes of providing aviation weather services that will ensure the safety, regularity and efficiency of aircraft operation, enter into arrangements with any branch of the Government of Canada that is capable of and responsible for providing those services or, where those arrangements cannot be made, enter into arrangements with any person or organization with respect to the provision of those services in such form and manner and at such places as the Minister considers necessary;

(n)

subject to subsection (2), investigate matters relating to aviation safety;

(n.1)

manage the use of remotely piloted aircraft systems and equipment or systems that can cause interference with the operation of remotely piloted aircraft systems; and

(o)

undertake such other activities in relation to aeronautics as the Minister considers appropriate or as the Governor in Council may direct.

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.

R.S., 1985, c. 33 (1st Supp.), s. 1; 2014, c. 29, s. 11; 2026, c. 3, s. 466

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4.3Delegation by Minister history
(1)

The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction.

Exception

(1.1)

Despite subsection (1), the Minister may authorize any person or class of persons to make an order, a security measure or an emergency direction if a provision of this Part specifically authorizes the Minister to do so.

Ministerial orders

(2)

The Governor in Council may by regulation authorize the Minister to make orders with respect to any matter in respect of which regulations of the Governor in Council under this Part may be made.

Deputy may be authorized to make orders

(3)

The Minister may authorize his deputy to make orders with respect to the matters referred to in paragraph 4.9(l).

R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 3

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4.31Authorization by authorized person history

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.

2014, c. 29, s. 12

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4.32Ministerial order history
(1)

The Minister may make an order prohibiting the development or expansion of a given aerodrome or any change to the operation of a given aerodrome, if, in the Minister’s opinion, the proposed development, expansion or change is likely to adversely affect aviation safety or is not in the public interest.

Exemption

(2)

An order under subsection (1) is exempt from examination, registration and publication under the Statutory Instruments Act.

2014, c. 39, s. 143; 2017, c. 26, s. 2

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