Senate Approves Civil Aviation (Amendment) Act, 2026

The Senate, on Friday (June 26), approved the Civil Aviation (Amendment) Act, 2026, which aims to strengthen Jamaica’s aviation industry and ensure that the nation’s civil aviation laws fully align with international standards and obligations.

The legislation was passed without amendments during the Senate’s sitting at Gordon House.

Piloting the legislation, Minister of Education, Skills, Youth and Information, Senator Dr. the Hon. Dana Morris Dixon, stated that the measure is vital to supporting aviation safety, enhancing regulatory effectiveness, and ensuring Jamaica’s continued compliance with international civil aviation standards.

She explained that the key areas being addressed include strengthening Jamaica’s legislative framework for aviation safety oversight, enhancing the legal framework governing aircraft accident and incident investigations, and facilitating the implementation of elements of the Chicago Convention relating to the transfer of certain functions and duties for interchanged, leased, and chartered aircraft.

It also seeks to support the implementation of modern aviation safety management principles and provide the legislative authority required for consequential amendments to the Civil Aviation Regulations of 2012 and the Civil Aviation Air Transport Licensing Regulations of 1966.

“We’re also updating the monetary penalties contained in the Act, which have remained unchanged for a considerable period, to ensure they are proportionate to the seriousness of the offenses and support stronger regulatory compliance and enforcement in the interest of aviation and the flying public. We’re also working to further align Jamaica’s civil aviation legislation with ICAO (International Civil Aviation Organization) requirements and international best practice,” Senator Morris Dixon said.

She added that a credible, internationally aligned safety oversight system forms a core part of Jamaica’s economic infrastructure.

The Minister further noted that compliance underpins the confidence of airlines, passengers, insurers, aircraft lessors, investors, and partner regulators in Jamaica as a safe and reliable destination.

“If we want people to have confidence in our airspace and what we are doing in this country, it is important that we comply with the global rules. In 2024, Jamaica welcomed four and a half million visitors to our country, including 2.9 million stopover visitors, and generated approximately US$4.3 billion in tourism earnings.

“The stopover segment depends substantially on safe, reliable and expanding air access. Any material erosion of confidence in Jamaica’s aviation oversight system could therefore influence airline decisions on routes, frequency and future expansion, increased insurance, leasing and financing costs and could weaken passenger and investor confidence. Even a modest reduction in airlift would be magnified many folds across our hotels or attractions, ground transportation, entertainment, agriculture, and small businesses,” she stated.

Senator Morris Dixon further explained that under the United States Federal Aviation Administration system, a country found to be non-compliant with ICAO oversight standards may be placed in Category Two, preventing carriers under that country’s oversight from launching new services to the United States, expanding existing services, or entering new code-sharing arrangements.

She added that the European Union may likewise impose operating restrictions or bans.

“That is really what we’re trying to prevent, on a whole, because such consequences would constrain the future growth of Jamaican certified operators and diminish Jamaica’s attractiveness as a location for aviation investment, aircraft operations and regional connectivity,” the Minister said.

Senator Morris Dixon explained that under Clause Seven of the legislation, the penalty for dangerous flying of an aircraft in a manner that causes, or is likely to cause, danger to persons, property, or other aircraft is being increased from a fine not exceeding $20,000 to a fine not exceeding $5 million upon summary conviction before a parish court.

She noted that the term of imprisonment, set at three years, will remain unchanged.

Under Clause Eight, a new Section 4(a) has been introduced to address failure to comply with aircraft interception procedures and directions. This provision establishes specific offences and penalties for non-compliance with such procedures and directives.

Clause Nine seeks to revise key interpretations relating to aviation accidents and incidents, clearly distinguishing an accident from a serious incident or an incident.

“The amendment will modernise accident investigation terminology and align the principal Act with the related requirements under Annex 13 to the Chicago Convention. Clause 10… clarifies that the purpose of an investigation of an aviation occurrence, as being solely for preventative purposes and not to determine liability,” the Minister explained.

Clause 11 introduces two new sections — 5(ab) and 5(ac) — which establish an Accident Investigation Authority tasked with investigating aviation accidents and serious incidents.

“The Accident Investigation Authority is intended to function as an independent body and will be established each time an aviation accident or serious incident occurs within the Kingston flight information region. The constitution of the Accident Investigation Authority and the procedure for appointment of its members are included. The Accident Investigation Authority will be given the same powers of a Commission of Inquiry on certain matters, to include the regulation of its proceedings and the summoning and examination of witnesses,” Senator Morris Dixon stated.

Other Senators contributing to the debate included Government members, Kavan Gayle and Charles Sinclair, along with Opposition members, Allan Bernard and Lambert Brown.