Glossary

administrative action - Deterrent action taken by or on behalf of the Minister, including oral counselling, suspension or cancellation of documents of entitlement, and imposition of a monetary penalty.

Canadian aviation document - Any licence, permit, accreditation, certificate or other document issued by the Minister under part I of the Aeronautics Act to or with respect to any person or in respect of any document of entitlement that authorizes a person to perform functions on his or her behalf.

civil aviation rules / rules - Parts I and III of the Aeronautics Act and all documents enabled pursuant thereto.

compliance - Conformity with the provisions of the regulations.

comprehensive investigation - The follow-up to the initial violation during which conclusive evidence as to whether or not a violation occurred is obtained so that appropriate deterrent action can be taken.

Crown Counsel - Any lawyer representing the interests of the government during criminal proceedings.

designated provision - Regulations specified in section 103.08 of the Canadian Aviation Regulations for which deterrent action is limited to administrative measures; judicial action cannot be taken. The majority of the offence-creating provisions of the CARs have been designated.

deterrent action - Administrative or judicial measures taken in response to a violation in order to encourage future compliance.

enforcement action - The steps, including deterrent action, that must be taken from the moment a possible violation of the regulations has been detected until the case is concluded.

functional authority - Technical services within Civil Aviation grouped by aeronautical knowledge or skills (such as General Aviation and Air Navigation) within which there may be further specialization (e.g., Personnel Licensing, of a functional specialist to prescribe how the activity within the specialist's area of expertise should be carried out.

functional direction - The exercise of functional authority through the issuing of and ensuring compliance with policies and procedures and through the provision of advice to line managers and subordinates.

hybrid offence - An offence under subsection 7.3(1) of the Aeronautics Act that may be proceeded against by indictment, by summary conviction procedures, or by administrative process.

incompetent - Lacking the knowledge, ability or fitness necessary for effective action; unable to meet specified requirements; not legally qualified.

indictable offence - Any offence that is considered very serious and that carries with it the possibility of a severe penalty. An indictable offence must be proceeded with by way of indictment. Several Criminal Code offences that are related to aeronautics are indictable offences. Some offences under the Aeronautics Act may be addressed by indictment.

indictment procedure - The accused has a choice of courts in which he or she may be tried. Depending on that choice, the accused may have a preliminary hearing and a jury trial. (See Chapter 12 for more detail)

initial enforcement process - The immediate actions taken on observing or being apprised of a violation. Information is gathered concerning the occurrence and, if an infraction has occurred, a decision is made to conclude the case with oral counselling or to send the information to Aviation Enforcement for further investigation.

inspector - Any Transport Canada aviation official with appropriate authority under the delegation of authority document.

investigator - An Aviation Enforcement inspector.

line authority - The prerogative of line managers to direct the activities of the staff and resources over which they are responsible.

Minister - The Minister of Transport.

negligence - Conduct falling below the standard required for the protection of others against unreasonable risk of harm.

non-designated provision - The sections of the CARs that have not been designated under CAR 103.08 and, therefore, if contravened, must be addressed by document suspension or through judicial action.

offence-creating provision - A provision of the civil aviation rules that mandates a certain form of conduct or prohibits certain conduct and which, if contravened, can result in judicial or administrative deterrent action.

reasonable grounds to believe - The knowledge of facts that would lead a reasonable person of ordinary intelligence and prudence to believe that an offence has occurred.

recklessness - Any conduct that shows deliberate disregard of, or indifference to, the consequences of one's actions under circumstances involving risk of harm to life or property.

regulations - The Canadian Aviation Regulations.

responsible manager - The Chief, Aviation Enforcement, or the Regional Manager, Aviation Enforcement, as appropriate.

summary conviction offence - An offence that is considered to be less serious than an indictable offence and accordingly carries with it a less severe penalty.

summary conviction procedure - There is no choice of court: the trial procedure takes place in a provincial court. There is no right to have a preliminary inquiry and there is no right to a trial before a jury.

Transportation Appeal Tribunal of Canada - The TATC is an independent quasi-judicial body separate from Transport Canada.

Transport Canada Aviation Official - Any officer of Transport Canada, Safety and Security, whose duties on behalf of the Minister are related to the safe and lawful operation of the Canadian air transportation system.

violation - The breach of any offence-creating provision of the regulations. The terms violation and contravention are used interchangeably.

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