Chapter 10 - Administrative Action
- 10.1 Types of Administrative Action
- 10.2 Policy for Selecting Administrative Action
- 10.3 Non-payment of a Monetary Penalty
There are three courses of administrative action that may be taken by Aviation Enforcement offices when a contravention has occurred. Determination of the appropriate action depends on policy considerations and the circumstances of each contravention.
Oral counselling is primarily used when a CAD holder commits a minor inadvertent violation where the imposition of a sanction is not considered appropriate. It provides the document holder with immediate counselling on the necessity for compliance. All Civil Aviation inspectors can provide oral counselling relevant to their respective delegation of authority. Chapter 4, section 4.3, contains the criteria used to select this type of action.
Administrative monetary penalties may be assessed where there has been a violation of a designated provision. The monetary penalty procedures are set out in sections 7.6-8.2 of the Aeronautics Act. Monetary penalties will be applied in accordance with the Canadian Aviation Regulations schedule found in the Schedule - Designated Provisions.
CADs may be suspended in respect of any contravention of a provision of part I of the Aeronautics Act. The authority for this action is found in section 6.9 of the Aeronautics Act.
When Civil Aviation inspectors detect a violation, they are to exercise their delegated authority to make decisions with respect to the contravention. All available facts should be considered in order to determine whether oral counselling would be appropriate to achieve compliance from the alleged offender in the future. This action may be used to provide the alleged offender with the knowledge required for future compliance.
Where violations may have an impact on safety, alleged offenders found in contravention of a designated provision shall be dealt with either by suspension of their CAD or by assessment of a monetary penalty.
Suspension of the CAD is the appropriate action when
- a monetary penalty would be inadequate to achieve compliance; or
- the document holder is a repeat offender against whom monetary penalties have previously been assessed.
Where a monetary penalty has been assessed against an alleged offender, the RMAE shall send a Notice of Monetary Penalty to the alleged offender. This Notice shall be personally served or sent by Registered or Certified Mail. If the penalty is not paid by the due date, and the alleged offender has not requested a TATC review, the alleged offender is deemed to have committed the offence. In such a case, the RMAE has the authority to order the suspension, refusal to issue, amend or renew the appropriate Civil Aviation Document until the penalty is paid in full.