(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:
(a) the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and
(b) there is a risk of collision between the aircraft and another aircraft that:
(i) is conducting a VFR flight on a track; and
(ii) is flying at a specified VFR cruising level for the track; and
(c) the pilot in command does not give way to the other aircraft.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).