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Clause 2(2) amends the existing extremely broad definition of Canadian aviation document in section 3(1) of the Aeronautics Act to make it subject to proposed section 3(3) of the Act. The effect is to remove security clearances, restricted area passes issued at aerodromes operated by the Minister of Transport, and other Canadian aviation documents specified in an aviation security regulation, from the Civil Aviation Tribunal review process contained in sections 6.6 to 7.2 of the Act. The Tribunal was established in 1986 as a technical body to review regulatory enforcement decisions as well as decisions related to the technical qualifications of pilots, air traffic controllers, aircraft maintenance engineers and other aviation personnel and organizations. Transport Canada does not consider it appropriate that the Tribunal review departmental decisions related to security clearances, restricted area passes, and whether an individual constitutes a security risk and thus proposes this amendment.
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