(2) A person shall not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug to such an extent as to impair his capacity so to act.
So by impair his capacity so to act would mean someone who cannot walk, so you can't just take someone off the plane when they can walk without falling over etc.
The ANO doesn't say what the penalty for being drunk and not having the capacity to act is. If the police are taking that man to court then i guess it is a criminal penalty. Maybe a fine of $1000? Anyone know?