Vol. 144, No. 7 — March 31, 2010

Registration

SOR/2010-59 March 11, 2010

DEPARTMENT OF TRANSPORT ACT

Regulations Amending the Government Airport Concession Operations Regulations

P.C. 2010-262 March 11, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 16 of the Department of Transport Act (see footnote a), hereby makes the annexed Regulations Amending the Government Airport Concession Operations Regulations.

REGULATIONS AMENDING THE GOVERNMENT AIRPORT CONCESSION OPERATIONS REGULATIONS

AMENDMENTS

1. (1) Section 7 of the Government Airport Concession O p erations Regulations (see footnote 1) is replaced by the following:

7. (1) Subject to subsection 8(1), a person who operates any business or commercial undertaking at an airport must have a permit to do so or have entered into a lease, licence agreement or other contract with the Minister in respect of the operation of that business or undertaking.

(2) A person who fixes, installs or places anything at an airport for the purpose of a business or commercial undertaking at the airport must have a permit to operate the business or undertaking or have entered into a lease, licence agreement or other contract with the Minister in respect of the operation of that business or undertaking.

2. The portion of subsection 8(1) of the Regulations before paragraph (a) is replaced by the following:

8. (1) Despite section 4 and subject to section 10, any person may transport a passenger

COMING INTO FORCE

3. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The regulatory action is intended to correct discrepancies in the text of the Government Airport Concession Operations Regulations (the Regulations), in response to comments made by the Standing Joint Committee for the Scrutiny of Regulations. In one case, the English and French versions differ, and the English version is amended to match the French with the objective of preserving the original intention of the clause. In another case, small changes are made for clarity of interpretation.

Description and rationale

The English version of subsection 7(2) of the Regulations is amended by eliminating the words “Subject to section 8.” If those words were to apply to subsection 7(2), it would allow commercial passenger or courtesy vehicle operators to fix, install or place anything at the airport without having a permit or having entered a contract with the Minister, as would otherwise be required by subsection 7(2). Consequently, subsection 7(2) is amended to avoid the above interpretation. In addition, this change will allow the English version to be consistent with the French version.

The portion of subsection 8(1) of the Regulations before paragraph (a) is amended by adding the words “Despite section 4 and” to the beginning of the subsection, in order to clarify the relationship between the two sections of the Regulations.

In subsection 7(1) of the Regulations, the words “Subject to section 8” are replaced by “Subject to subsection 8(1)”. This change clarifies the relationship between the two subsections of the Regulations.

Consultation

External consultations were not conducted for this proposal because the changes are administrative and corrective in nature.

Implementation, enforcement and service standards

The amendments will not affect the enforcement of the Regulations.

Contact

Cora Pictou
Acting Director
Operations and Special Projects
Airport and Port Programs Directorate
Transport Canada
Telephone: 613-990-3964
Email : cora.pictou@tc.gc.ca

Footnote a
R.S., c. T-18

Footnote 1
SOR/79-373

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