No. of 2022. Civil Aviation (Amendment) Bill, 2022 Saint Christopher and Nevis.
SAINT CHRISTOPHER AND NEVIS
No. of 2022
ARRANGEMENT OF SECTIONS
Sections
Short titleInterpretationAmendment of section 2Amendment of section 4Amendment of section 6Amendment of section 7Amendment of section 10Amendment of section 11Amendment of section 13Amendment of section 32Amendment of section 33Amendment of section 34Amendment of section 39Amendment of section 41Repeal and substitution of section 47Amendment of section 50Amendment of section 51Amendment of section 52Amendment of section 53Amendment of section 54Repeal of section 55Repeal of section 56
No. of 2022. Civil Aviation (Amendment) Bill, 2022 Saint Christopher
and Nevis.
SAINT CHRISTOPHER AND NEVIS
No. of 2022
A BILL to amend the Civil Aviation Act, Cap. 8.03.
BE IT ENACTED by the King’s Most Excellent Majesty, by and with the
advice and consent of the National Assembly of Saint Christopher and Nevis, and by
the authority of the same as follows:
Short title and commencement.
(1) This Act may be cited as the Civil Aviation (Amendment) Act, 2022.
(2) This Act shall come into force on such day as the Minister may, by Order, appoint.Interpretation.
In this Act, unless the context otherwise requires,
“principal Act” means the Civil Aviation Act, Cap. 8.03.Amendment of section 2.
Section 2 of the principal Act is amended by inserting the following definitions in the
appropriate alphabetical position-
“ “State Safety Programme” means an integrated set of regulations and activities
aimed at improving safety that assists in managing aviation safety performance;Amendment of section 4.
Section 4 of the principal Act is amended –
(a) in the chapeau by deleting the words “The Minister” at the beginning
and substituting the words “Subject to sections 10, 11 and 49, the Minister”;
(b) in paragraph (g) by inserting a comma and the word “health”
immediately after the word “immigration”.
Amendment of section 6.
Section 6(1) of the principal Act is amended –
(a) in paragraph (c) by inserting the words “and security” immediately after the
word “safety”;
(b) in paragraph (e) by inserting the words “and security” immediately after the
word “safety”.
Amendment of section 7.
Section 7(2)(a) of the principal Act is amended by inserting the words “and secure”
immediately after the word “safe”.Amendment of section 10.
Section 10 of the principal Act is amended-
(a) in subsection 6(c) by deleting the words “the provision of safety services” in
the chapeau and substituting “regulating civil aviation safety and security”;
(b) by deleting paragraph-
“(d) be responsible for the approval of aviation security
programmes;”;
(c) in subsection (6)(g) by-
(i) deleting the word “advise” and substituting the word “inform”;
(ii) inserting the words “by the Director General” immediately after the
words “to be made”; and
(iii) inserting the subsection designation “(1)” after the number “49”;
(d) in subsection (6) by inserting the following new paragraph (h) immediately
after paragraph (g)-
“(h) develop and establish a State Safety Programme within Saint
Christopher and Nevis to improve aviation safety oversight and
practices;”;
(e) by inserting a new subsection (7) immediately following subsection (6) as
follows–
“(7) In exercising any powers or discharging any functions in relation to –
(a) the granting, suspension or revocation of civil aviation
documents;
(b) the issue, suspension or revocation of medical certificates;
(c) the issue of a validation permit for a foreign licence;
(d) the granting of recognition of a foreign medical assessment
or certificate used in a foreign country;
(e) the granting of exemptions or deviations or waivers;
(f) the enforcement of this Act, regulations made by the
Director General hereunder or any other law relating to
aviation safety, or to aviation security,
the Director General shall act independently and shall not be subject to
any influence or directive from any person or authority.”.
Amendment of section 11.
Section 11 of the principal Act is amended-
(a) in subsection (1) by-
(i) inserting the words “or security” immediately after the words “on
reasonable grounds that safety”,
(ii) inserting the words “or security” immediately after the words “in
respect of the safety”;
(b) in subsection (2) by deleting the words “Minister specifies by regulation” and
substituting the words “Director General may specify”.
Amendment of section 13.
Section 13(2) of the principal Act is amended by inserting the words “and Part IX”
immediately after the words “Part VIII”.Amendment of section 32.
Section 32 of the principal Act is amended by deleting subsection (1) and substituting the
following-
“ (1) Where the Minister determines that it is necessary to investigate an
aviation occurrence, he or she shall –
(a) appoint an investigator-in-charge, who shall have the duties set out
in subsection (2); or
(b) delegate the whole or any part of the conducting of such
investigation to another State or a regional accident and incident
investigation organisation by mutual arrangement and consent.”
Amendment of section 33.
Section 33 of the principal Act is amended by-
(a) inserting immediately after subsection (1) the following new subsection –
“(1A) In particular, the investigator-in-charge-
(a) has unhampered access and control over-
(i) the scene of the accident in order, for
example, to protect the aircraft or wreckage
as well as the accident site against access by
unauthorized persons, pilfering or
deterioration;
(ii) all relevant material and evidence, including
flight recorders and air traffic service (ATS)
records;
(b) has the authority to-
(i) carry out detailed examination of relevant
material and evidence without delay;
(ii) conduct interviews with witnesses and
others who can contribute to the
investigation.”
(b) deleting the words “ICAO Annex 13 (Aircraft Accident Investigation)” in
subsection (2) and substituting the words “Annex 13 of the Chicago
Convention for conducting aircraft accident and incident investigations”.
Amendment of section 34.
Section 34 of the principal act is amended by-
(a) deleting the section heading “Recordings” and substituting the new heading
“Protection of investigation records”;
(b) deleting subsection (1) and substituting the following-
“(1) The following records that relate to an aviation occurrence being
investigated under this Act shall not be disclosed to the public or for
purposes other than accident or incident investigation, unless ordered by
the court-
(a) cockpit voice recorder (CVR) recordings and airborne image
recordings;
(b) while in custody or control of the investigation authority-
(i) records from interviews with persons by the investigation
authorities in the course of the investigation,
(ii) communications between persons having been involved in
the operation of the aircraft,
(iii) medical or private information regarding persons involved
in the accident or incident,
(iv) recordings and transcripts of recordings from air traffic
control units,
(v) analysis of and opinions about information (including flight
recorder information) made by the accident investigation
authority and accredited representatives in relation to the
accident or incident, and
(vi) the draft Final Report of an accident or incident
investigation.”
Amendment of section 39.
Section 39 (4) of the principal act is amended in the chapeau by deleting the words
“Minister may be regulation prescribe” and substituting the words “Director-General may
prescribe”.Amendment of section 41.
Section 41 of the principal Act is amended-
(a) in subsection (1) by inserting the following new paragraph (jA) immediately
after paragraph (j)-
“(jA) willfully commit or attempt to commit any act of unlawful
interference that jeopardizes the safety of civil aviation;”;
(b) in subsection (2(a)) by deleting the words “paragraphs (a) to (j)” and
substituting “paragraphs (a) to (jA)”.
Repeal and substitution of section 47.
Section 47 of the principal Act is repealed and the following new section is substituted-
“ Powers to enter, inspect, seize and detain
(1) An inspector appointed pursuant to section 12 or any person delegated
pursuant to section 13, when so authorized in writing by the Director General,
shall at all reasonable times for the purposes of making inspections relating to
the oversight and enforcement of this Act or any regulations made thereunder
have access to –
(a) aircraft whether or not in flight and to any place where an aircraft has
landed including point of origin of any product or goods being, or to be
shipped by air, for the purposes of an investigation of matters
concerning aviation safety and security;
(b) aerodromes and any facility located on the aerodrome, and any land,
area or premises outside the aerodrome used by businesses that operate
at the aerodrome;
(c) air navigation services facilities;
(d) air operator offices and any facility related to civil aviation or any
premises used for the design, manufacture, distribution, operation,
maintenance or installation of aeronautical products;
(e) hangars;
(f) approved maintenance organizations;
(g) workshops;
(h) ramps;
(i) fuel storage facilities;
(j) cargo handling areas; and
(k) aviation training organization’s facilities.
(2) An inspector appointed pursuant to section 12 or any person delegated
pursuant to section 13, when so authorized in writing by the Director General
shall have access to any civil aviation document or records including –
(a) manuals;
(b) certificates;
(c) approvals;
(d) authorizations;
(e) permits;
(f) procedures;
(g) technical files;
(h) personnel files;
(i) airport personnel and aircraft personnel licenses; and
(j) other civil aviation documents.
(3) In the performance of his functions as an inspector or in the performance of
his delegation, an inspector appointed pursuant to section 12 or any person
delegated pursuant to section 13, shall have the power to –
(a) interview any relevant person for the purpose of assessing the
implementation of civil aviation requirements and procedures;
(b) require any entity connected with civil aviation to provide information
relevant to any oversight activity or investigation;
(c) test the effectiveness of civil aviation measures and procedures and
performance of civil aviation equipment;
(d) enforce corrective actions, including immediate rectification of any
deficiencies, and/or apply enforcement measures for compliance with civil
aviation requirements;
(e) seize any property found by him whether in the aircraft, aerodrome, air
navigation facility, hangar, approved maintenance organization, workshop,
ramp, fuel storage facility, air operator office, cargo handling area, or
aviation training organization’s facility, (but not the aircraft itself) and to
subject that property to tests; and
(f) require the holder or operator of the aircraft, or the person performing the
functions of manager of the airport, aerodrome, air navigation facility,
hangar, approved maintenance organization, workshop, ramp, fuel storage
facility, air operator office, cargo handling area, or aviation training
organization’s facility, to furnish him with such information and
documents as the inspector or delegated person considers necessary.
(4) For the purpose of the issuance of an aviation document under this Act the
Director General, or any inspector or person authorized by the Director
General, shall be granted unrestricted access by the applicant seeking the
issuance of an aviation document or by the holder of an aviation document to
any place, office, hangar, ramp, equipment, document, workshop or facility,
including facilities for training, workshops, the provision of air navigation
services, maintenance, fuel storage or cargo handling and at any time to
conduct any inspection, audit or test, in order to determine that operations are
conducted in accordance with prescribed safety, security and other
recommended standards.
(5) For the purpose of subsection (4), the term “document”, shall include
manuals, certificates, approvals, authorizations, procedures, technical files,
personnel files, and personnel licences.
Amendment of section 50.
Section 50 of the principal Act is amended-
(a) by deleting the word “Minister” in subsection (1) and substituting the
words “Director General”;
(b) by inserting the words “respecting safety and security” after the words
“all aspects of civil aviation” in subsection (1);
(c) by deleting subsection (2) and substituting the following new subsection-
“(2) Without restricting the generality of the foregoing, the Director
General may make regulations respecting –
(a) requirements no less than the applicable Standards and
Recommended Practices of Annex 1 of the Chicago
Convention for licensing and supervision of personnel and for
the certification and supervision of Aviation Training
Organizations;
(b) requirements no less than the applicable Standards and
Recommended Practices of Annex 2 of the Chicago
Convention for rules of the air;
(c) requirements no less than the applicable Standards and
Recommended Practices of Annex 3 of the Chicago
Convention for meteorology and for the certification and
supervision of aviation meteorological services providers;
(d) requirements no less than the applicable Standards and
Recommended Practices of Annex 4 of the Chicago
Convention for aeronautical charts and for the certification and
supervision of aviation aeronautical charts services providers;
(e) requirements no less than the applicable Standards and
Recommended Practices of Annex 5 of the Chicago
Convention for the units of measurements to be used in air and
ground operations;
(f) requirements no less than the applicable Standards and
Recommended Practices of Annex 6 of the Chicago
Convention for –
(i) international commercial air transport operations –
airplanes and helicopters;
(ii) international general aviation operations -airplanes and
helicopters;
(iii) the certification and supervision of aircraft operators and
the conditions under which passengers, goods and cargo
may be carried by air; and
(iv) the certification and supervision of approved
maintenance organizations; and,
(g) requirements no less than the applicable Standards and
Recommended Practices of Annex 7 of the Chicago
Convention for the registration of civil aircraft in Saint
Christopher and Nevis;
(h) requirements no less than the applicable Standards and
Recommended Practices of Annex 8 of the Chicago
Convention for certifying the airworthiness of civil aircraft and
for adopting international airworthiness standards for
aeronautical products;
(i) requirements no less than the applicable Standards and
Recommended Practices of Annex 9 of the Chicago
Convention for securing the efficiency and regularity of the
operations of air navigation and the safety and security of
aircraft and of persons and property carried thereon and of
persons and property on the ground;
(j) requirements no less than the applicable Standards and
Recommended Practices of Annex 10 of the Chicago
Convention for aeronautical telecommunication and for
adopting international standards for aeronautical
telecommunication products;
(k) requirements no less than the applicable Standards and
Recommended Practices of Annex 11 of the Chicago
Convention for air traffic control, the certification and
supervision of air traffic control services providers and control
of the airspace above the territory of Saint Christopher and
Nevis;
(l) requirements no less than the applicable Standards and
Recommended Practices of Annex 12 of the Chicago
Convention for search and rescue operations and for search
and rescue services providers;
(m) requirements no less than the applicable Standards and
Recommended Practices of Annex 13 of the Chicago
Convention for conducting aircraft accident and incident
investigations;
(n) requirements no less than the applicable Standards and
Recommended Practices of Annex 14 of the Chicago
Convention for licensing and supervision of aerodromes and
heliports;
(o) requirements no less than the applicable Standards and
Recommended Practices of Annex 15 of the Chicago
Convention for aeronautical information services and the
certification and supervision of aeronautical information
services providers;
(p) requirements no less than the applicable Standards and
Recommended Practices of Annex 16 of the Chicago
Convention for aircraft noise and aircraft engine emissions;
(q) requirements no less than the applicable Standards and
Recommended Practices of Annex 17 of the Chicago
Convention for aviation security, the certification and
supervision of aviation security services providers;
(r) requirements no less than the applicable Standards and
Recommended Practices of Annex 18 of the Chicago
Convention for the safe transport of dangerous goods by air,
for prohibiting the carriage by air, such goods as may be
specified by the Regulations and the certification and
supervision of organizations that undertake to transport
dangerous goods by air;
(s) requirements no less than the applicable Standards and
Recommended Practices of Annex 19 of the Chicago
Convention for implementation of the State Safety
Programme as well as acceptance and supervision of safety
management systems for aviation organizations;
(t) general aviation operations within the territory and airspace
of Saint Christopher and Nevis that may be subject to
conditions, limitations and restrictions to ensure safety and
security of civil aviation;
(u) prescribing the fees to be paid in respect of the issue,
validation, renewal, extension or variation of any aviation
document or the undergoing of any examination or test
required by, or in pursuance of the Regulations, or in respect
of any other matter for which it appears to the Minister to be
expedient to charge fees;
(v) ensuring that foreign operators operating in Saint Christopher
and Nevis comply with the safety and security requirements
of regulations made under this section;
(w) designation by the Director General of inspectors and
appropriately qualified persons to perform any of the
functions under this Act or Regulations made there under
where such functions do not include self-regulation;
(x) granting exemptions, deviations or waivers from Regulations
made under this section on such terms and conditions as may
be specified;
(y) conferring on such persons as may be specified, powers
relating to the enforcement of any condition or prohibition;
including powers to examine, take samples of, seize and
detain any goods, to require a passenger of any baggage or
packages containing goods to open such baggage or packages
for inspection and to produce any document;
(z) the provision of regulatory safety oversight in keeping with
Article 83 bis of the Chicago Convention over foreign air
operators which are engaged in commercial air transport
operations in the form of charters, leases and interchange
arrangements.”;
(d) by inserting new subsections (3), (4) and (5) immediately after subsection (2) as
follows –
“(3) Regulations made under this section shall provide for –
(a) examinations and tests to be undergone, and as to the form, custody,
production, cancellation, suspension, endorsement and surrender of
any document;
(b) the imposition of penalties for offences against the regulations,
including the suspension or revocation of certificates, licences, and
authorizations, and in the case of any particular offence such fines not
exceeding three thousand dollars or imprisonment of a term of not
exceeding 2 years and for the taking of such steps including the
interception of aircraft as may be prescribed as respects aircraft flying
over areas of Saint Christopher and Nevis over which flying is
prohibited by the Regulations.
(4) In this section a reference to “goods” shall include a reference to mail or
animals.
(5) Regulations made under this section are subject to a negative resolution of
Parliament.”.
Amendment of section 51.
Section 51(1) of the principal Act is amended in the chapeau by inserting the words
“Subject to section 49” at the beginning.Amendment of section 52.
Section 51(1) of the principal Act is amended by inserting the words “made by him or
her” immediately after the word “Regulations”.Amendment of section 53.
Section 53 of the principal Act is amended by-
(a) inserting before the existing provision the subsection designation (1);
(b) in paragraph (j) deleting the word “and” after the “semi-colon”;
(c) deleting the full stop at the end of paragraph (k) and substituting a semi-colon;
(d) in the newly designated subsection (1) inserting new paragraphs (l) to (o)
immediately after paragraph (k) as follows-
“(l) matters relating to the minimum amount of liability insurance
required of owners and operators of aircraft;
(m) matters relating to National Emergencies;
(n) matters for which he or she is responsible under this Act in respect
of which fees are to be paid, the amount of the fees and the persons
by whom the fees are to be paid and, authorizing the refund of fees
in such circumstances as may be prescribed; and
(o) the issuance and administration of air service licenses and permits
that may be subject to conditions, limitations and restrictions, to
national and foreign operators where such national and foreign
operators use aircraft for commercial purposes.”;
(e) inserting new subsections (2) and (3) immediately following subsection (1) as
follows-
“ (2) The Minister may make regulations exempting, on such terms and
conditions as may be specified in the regulations, any person, aircraft of such
description, flights, aerodrome, facility or service from the application of any
regulation made under this section.
(3) An exemption made pursuant to subsection (2) may be granted to any
person, aircraft of such description, flights, aerodrome, facility or service whether
or not any civil aviation document has been issued under this Act.”.
Amendment of section 54.
The principal Act is amended in section 54(1) by deleting the word “Minister” and
substituting the words “Director General”.Repeal of section 55.
Section 55 of the principal Act is repealed.Repeal of section 56.
Section 56 of the principal Act is repealed.
……………………………..
Speaker
Passed by the National Assembly this day of , 2022.
……..………………………………….
Clerk of the National Assembly
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