Order Fixing the day on which this Order is registered as the day on which subsection 10(2) and section 15 of that Act come into force: SI/2018-97

Canada Gazette, Part II, Volume 152, Number 22

Registration

October 31, 2018

SAFEGUARDING CANADA’S SEAS AND SKIES ACT

Order Fixing the day on which this Order is registered as the day on which subsection 10(2) and section 15 of that Act come into force

P.C. 2018-1296 October 22, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to subsection 26(2) of the Safeguarding Canada’s Seas and Skies Act, chapter 29 of the Statutes of Canada, 2014, fixes the day on which this Order is registered as the day on which subsection 10(2) and section 15 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council brings into force subsection 10(2) and section 15 of the Safeguarding Canada’s Seas and Skies Act (formerly Bill C-3) on the day it is registered.

Objective

This Order in Council brings into force two provisions of the Safeguarding Canada’s Seas and Skies Act in order to make necessary amendments to the Aeronautics Act with the coming into force of the new Military Airworthiness Investigation Regulations.

Background

The Safeguarding Canada’s Seas and Skies Act received royal assent on December 9, 2014, to amend the Aeronautics Act and other Acts. Amendments made to the Aeronautics Act, and the Military Airworthiness Investigation Regulations made under that Act, permit the completion of thorough investigations by the Airworthiness Investigative Authority of any military aviation occurrence.

In order to minimize the regulatory burden on civilian aviation companies that support both civilian and military aviation, the Military Airworthiness Investigation Regulations include notices that are similar to those in the Transportation Safety Board Regulations that are used by investigators of the Transportation Safety Board of Canada.

One specific notice will be used to compel a person to provide a statement or produce documents required in the investigation of a military aviation occurrence. While this notice was being developed, section 6.3 of the Aeronautics Act remained in force to permit the establishment of a board of inquiry that could compel a person to provide a statement or produce documents.

Implications

Bringing subsection 10(2) of the Safeguarding Canada’s Seas and Skies Act into force amends subsection 3(2) of the Aeronautics Act, and bringing section 15 into force repeals section 6.3 of the Aeronautics Act. The amendment of subsection 3(2) of the Aeronautics Act removes a cross-reference to section 6.3. The repeal of section 6.3 removes the power to establish a board of inquiry under the Aeronautics Act.

Not bringing subsection 10(2) and section 15 of the Safeguarding Canada’s Seas and Skies Act into force would leave these two provisions to be dealt with under the Statutes Repeal Act after nine years, i.e. in 2023. Not repealing section 6.3 of the Aeronautics Act would leave available a power that should no longer be exercised.

Consultations

The Department of National Defence has consulted with the Department of Transport and the Transportation Safety Board of Canada.

Departmental contact

Lieutenant-Colonel Martin Leblanc
Chief Investigator
Director Flight Safety 2
National Defence Headquarters
101 Colonel By Drive
Ottawa, Ontario
K1A 0K2
Telephone: 613-971-7836
Email: martin.leblanc2@forces.gc.ca