Regulations Amending the Canadian Aviation Regulations (Parts I and III — Airport Winter Maintenance): SOR/2019-118

Canada Gazette, Part II, Volume 153, Number 10

Registration

SOR/2019-118 May 6, 2019

AERONAUTICS ACT

P.C. 2019-418 May 3, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.9 footnote a and paragraphs 7.6(1)(a) footnote b and (b) footnote c of the Aeronautics Act footnote d, makes the annexed Regulations Amending the Canadian Aviation Regulations (Parts I and III — Airport Winter Maintenance).

Regulations Amending the Canadian Aviation Regulations (Parts I and III — Airport Winter Maintenance)

Amendments

1 Subsection 101.01(1) of the Canadian Aviation Regulations footnote 1 is amended by adding the following in alphabetical order:

2 Subpart 2 of Part III of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Section 302.308”:

Column I

Designated Provision

Column II

Maximum Amount of Penalty ($)
 

Individual

Corporation

Section 302.403

1,000

5,000

Subsection 302.406(1)

3,000

15,000

Subsection 302.406(2)

3,000

15,000

Subsection 302.407(1)

3,000

15,000

Subsection 302.407(2)

3,000

15,000

Subsection 302.410(1)

3,000

15,000

Subsection 302.410(4)

3,000

15,000

Paragraph 302.412(1)(a)

3,000

15,000

Paragraph 302.412(1)(b)

3,000

15,000

Subsection 302.412(2)

1,000

5,000

Subsection 302.412(3)

1,000

5,000

Section 302.413

3,000

15,000

Section 302.414

3,000

15,000

Subsection 302.415(1)

3,000

15,000

Subsection 302.415(2)

3,000

15,000

Subsection 302.416(1)

3,000

15,000

Paragraph 302.417(1)(a)

3,000

15,000

Paragraph 302.417(1)(b)

3,000

15,000

Paragraph 302.417(1)(c)

3,000

15,000

Paragraph 302.417(1)(d)

3,000

15,000

Paragraph 302.417(1)(e)

1,000

5,000

Subsection 302.417(2)

3,000

15,000

Subsection 302.418(1)

3,000

15,000

Subsection 302.418(2)

3,000

15,000

Subsection 302.418(3)

3,000

15,000

Section 302.419

1,000

5,000

3 Division IV of Subpart 2 of Part III of the Regulations is replaced by the following:

Division IV — Airport Winter Maintenance

Interpretation

302.401 The following definitions apply in this Division.

Application

302.402 (1) Subject to paragraph (2)(b), sections 302.406 and 302.407 apply in respect of an airport if aeroplanes at the airport are operated in an air transport service under Subpart 3 of Part VII.

(2) Sections 302.410 to 302.419 apply in respect of an airport if

Notification

302.403 The operator of an airport referred to in paragraph 302.402(2)(b) shall

[302.404 and 302.405 reserved]

Winter Maintenance Measures

302.406 (1) Each year, before the start of winter maintenance operations, the operator of an airport shall

(2) The operator of the airport shall use AMSCRs to report the surface conditions of all movement areas, and shall forward the AMSCRs to the air navigation services provider.

Ice Control Chemicals and Sand

302.407 (1) The operator of an airport shall, on movement areas, use only

(2) The operator of the airport shall remove sand from movement areas, with the exception of gravel runways, as soon as

[302.408 to 302.409 reserved]

Airport Winter Maintenance Plan

302.410 (1) The operator of an airport shall have an airport winter maintenance plan that

(2) The operator of the airport shall review its airport winter maintenance plan at least once a year as well as each time the operator does not clear a priority area in accordance with the plan.

(3) If the operator of the airport determines, as a result of a review, that its airport winter maintenance plan should be amended, the operator shall consult a representative sample of the air operators that use the airport before amending the plan.

(4) The operator of the airport shall keep at the airport

Content

302.411 An airport winter maintenance plan shall include

Removal of Contaminants from Priority Areas

302.412 (1) The operator of an airport who decides to operate the airport during winter storm conditions shall remove contaminants

(2) If the operator of the airport does not remove contaminants from a priority area in accordance with its airport winter maintenance plan, the operator shall make a record of that fact and the surrounding circumstances.

(3) The operator of the airport shall keep the record for two years after the day on which the operator was required to remove the contaminants.

Snow Accumulation on or Adjacent to Threshold Areas

302.413 The operator of an airport shall prevent snow that has accumulated on or adjacent to threshold areas from interfering with the operation of aeroplanes by clearing and banking the snow in a manner that meets or exceeds the specifications set out in section 322.413 of the Airport Standards — Airport Winter Maintenance.

Snow Accumulation Adjacent to Runways or Taxiways

302.414 The operator of an airport shall prevent snow that has accumulated adjacent to runways or taxiways from interfering with the operation of aeroplanes by clearing and banking the snow in a manner that meets or exceeds the specifications set out in section 322.414 of the Airport Standards — Airport Winter Maintenance.

Ice Control Chemicals and Sand

302.415 (1) The operator of an airport shall, on movement areas, use only

(2) The operator of the airport shall remove sand from movement areas, with the exception of gravel runways, as soon as

Friction Measurement

302.416 (1) The operator of an airport shall

(2) Subsection (1) does not apply if

Movement Area Inspections and Reports

302.417 (1) The operator of an airport shall

(2) Despite paragraph (1)(b), the operator of the airport shall not include friction readings in an AMSCR if those friction readings are obtained from a runway surface using a decelerometer and if

Training

302.418 (1) The operator of an airport shall not assign duties in respect of its airport winter maintenance plan to a person unless that person has received training from the operator on those duties and on the matters set out in section 322.418 of the Airport Standards — Airport Winter Maintenance.

(2) The operator of the airport shall not assign supervisory duties in respect of its airport winter maintenance plan to a person unless that person has received training on those duties and on the content of the plan.

(3) Each year, before the start of winter maintenance operations, the operator of the airport shall provide persons who will be assigned duties in respect of its airport winter maintenance plan with training on any amendments that have been made to the plan since the previous winter.

(4) Training provided under this section shall be competency-based with an emphasis on performance, and shall include written or practical examinations.

Training Records

302.419 The operator of an airport shall keep a training record for each person who receives any training under section 302.418, and shall keep the record for five years after the day on which the latest training was received.

[302.420 to 302.499 reserved]

Coming into Force

4 These Regulations come into force on the first anniversary of the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Between 2010 and 2015, 211 events at 76 Canadian airports could be attributable to poor winter maintenance. footnote 2 Several aircraft were damaged due to poor snow or ice removal, poor communication with airport winter maintenance vehicles, or poor communication of the runway conditions at airports, such as outdated information or a complete lack of information. The lack of regulatory requirements and the inconsistent airport winter maintenance methods resulted in confusion to everyone involved in assessing and reporting runway surface conditions. This has led to flight crews having to familiarize themselves with each airport’s method for winter maintenance, rather than being able to rely on a single, uniform approach to airport winter maintenance that is applicable at every Canadian airport.

Regulations are needed to standardize winter maintenance operations at airports so that there is a minimum safety standard for all airports, and to ensure reliable and timely information is available to air operators and flight crews when making take-off and landing decisions at airports during the winter months.

Background

Until the 1990s, airports in Canada were owned, operated or subsidized by the federal government through Transport Canada. In 1992, Transport Canada began transferring control of Canadian airports to local airport authorities. While Transport Canada is no longer responsible for the operation of these airports, the Department continues to provide safety and security oversight through aviation regulation and airport certification.

Since the devolution of airport ownership to non-government entities, there have been minimal regulatory requirements for airport winter maintenance operations in the Canadian Aviation Regulations (CARs) and in the Aerodromes Standards and Recommended Practices. footnote 3 Industry has increasingly relied on guidance material provided in Transport Canada’s Advisory Circular (AC), Airport Winter Maintenance and Planning footnote 4 (Winter Maintenance AC), to guide their winter maintenance operations. However, guidance material is not enforceable and may lead to inconsistent application due to their voluntary nature.

Winter maintenance procedures are tasks performed at airports during the winter season to maintain aviation safety in areas impacted by winter weather. These tasks include, but are not limited to, the removal of contaminants (e.g. ice and snow) from runways and providing runway friction measurements footnote 5 to air carriers operating at a particular airport.

The Transportation Safety Board of Canada (TSB) identified the risk of collisions from runway incursions on their Watchlist in 2018. The TSB has stated that timely and accurate runway surface condition information is required, as pilots must calculate the distance required to perform a safe landing as snow, rain, or ice can affect the landing distance, which could increase the risk of approach and landing accidents. Also, the TSB has stated that there is an ongoing risk of aircraft colliding with other aircraft or vehicles on the ground at Canadian airports, which includes airport winter maintenance vehicles.

Objectives

The objectives of the Regulations Amending the Canadian Aviation Regulations (Parts I and III — Airport Winter Maintenance) [the amendments] and the updates to the associated standards are (1) to standardize winter maintenance operations at airports so that there is a minimum safety standard for all airports, and (2) to ensure reliable and timely information is available to air operators and flight crews when making take-off and landing decisions at airports during the winter months.

Description

The amendments will impact 212 airports in Canada. They impose new winter maintenance requirements on all airport operations (airports servicing Subparts 703 [Air Taxi Operations], 704 [Commuter Operations] and 705 [Airline Operations] air operators). In addition to the baseline requirements, airports servicing Subparts 705 and 704 air operators will need to meet additional requirements due to the different take-off and landing needs of larger Subpart 705 and 704 aircraft. These new requirements will ensure a consistent approach to winter maintenance across all airports, regardless of the type of aircraft that use these facilities.

The amendments will establish requirements in the following areas:

Airports that service only Subpart 703 air operators:

Consultation

The amendments were developed by the Transport Canada Working Group on Airport Winter Maintenance and Planning, which was established in November 2000.

Active members of the Canadian Aviation Regulation Advisory Council (CARAC) who participated in the development of the amendments include industry stakeholders, such as the Canadian Airports Council (CAC), the Air Transport Association of Canada, unions (e.g. the Air Line Pilots Association and the Canadian Union of Public Employees), representatives of other levels of government (e.g. the Federation of Canadian Municipalities and the Ministry of Transportation of Ontario), and representatives of other federal government departments (e.g. the Department of National Defence).

A Notice of Proposed Amendment (NPA) was released to stakeholders in August 2001, and a technical committee meeting was held in September 2001 at which a number of differing views were expressed.

Stakeholders expressed the view that the proposed amendments would be overly prescriptive, namely due to the introduction of requirements pertaining to the height and slope of snowbanks, and the use of decelerometers for friction measurement readings in the context of the CRFI requirements.

Transport Canada took the position that prescribing the height and slope of snowbanks on the sides of runways and taxiways is required for the protection of overhanging wings and engines by providing the critical safety separation from objects such as hardened snowbanks. With respect to the use of a decelerometer, Transport Canada was of the view that such an instrument would ensure consistency of the data collected for the purposes of friction measurement readings, and the dissemination of the information pertaining to runway conditions.

The Air Line Pilots Association advocated for a wider application of the CRFI, expressing the view that certain smaller aeroplanes (e.g. those operating under Subpart 703 — Air Taxi Operations) have the same braking systems and reverse thrust capability as larger ones. After considering stakeholder comments, Transport Canada decided to limit the use of CRFI to airports servicing airline operators.

With respect to the proposal being too prescriptive, it was noted that the standards in place at the time did not permit any build-up of snow beside a runway; therefore, the proposed amendments would be more lenient for airport operators.

Following the NPA consultation, action was taken to establish an internal working group to review definitions as requested by industry. A related 2003 NPA was created to clarify definitions and was fully consulted on at a technical committee meeting in May 2003, and accepted by those in attendance at a meeting in October 2003.

The proposed amendments were published in the Canada Gazette, Part I, on March 21, 2009, and Transport Canada received 24 comments. Comments were received from airport operators, provincial governments, air operators, and airport councils. Generally, there was opposition to the proposed amendments, which were viewed as being too prescriptive.

As a large portion of the comments received following the Canada Gazette, Part I, publication were in support of the views expressed by CAC, the largest representative of airport operators in Canada, Transport Canada met with officials from CAC to explain the intent of the proposed amendments. To obtain support from stakeholders, the terminology in the amendments and in the Airport Standards — Airport Winter Maintenance was modified to ensure clarity and concision. The obligation on the airport operators that service Subpart 703 air operators to use ice control chemicals and sand on movement areas was also clarified and changes to the standards were introduced. Following these changes, both CAC and the Regional Community Airports of Canada indicated to Transport Canada in 2012 that they were satisfied with the proposed amendments.

Given the length of time that elapsed since the 2009 prepublication period, a second prepublication was warranted. The proposed amendments were therefore prepublished in the Canada Gazette, Part I, on May 28, 2016, followed by a 30-day comment period.

Fourteen comments were received from three provincial governments, three airports, one airport authority, two technical experts, and five associations.

The main themes raised in the comments regarded the following:

Overall, the comments received supported the proposed amendments; however, Transport Canada received two dissenting comments regarding the CRFI.

CRFI

Both the National Airlines Council of Canada (NACC) and the Greater Toronto Airport Authority (GTAA) dissented to the use of the CRFI in the assessment and reporting on runway surface conditions. For NACC, relying on the CRFI will result in greater inconsistency between runway condition reporting methods and procedures as airport operators already rely on the industry best practices when assessing runway surface conditions.

GTAA opposed the use of the CRFI as the primary tool in the assessment and reporting on runway surface conditions on the basis that efforts worldwide are currently tending toward a globally harmonized format for the assessment and reporting of runway condition characteristics that is not solely based on runway friction measurement.

The CRFI is a Canadian method that correlates the friction characteristics of the runway to the generic braking characteristics of aircraft. The CRFI is not a new tool; it was established more than 20 years ago by Transport Canada as an “advisory” tool to be used by airport operators to provide flight crew members with information on runway friction upon landing or taking off, thereby increasing aviation safety. It is a component of the Aircraft Movement Surface Condition Report (AMSCR) which details the surface conditions of all movement areas at an airport, including runways and taxiways.

Transport Canada is of the view that the CRFI remains an important tool to assist flight crew members in their decision-making process during landing, as not all aircraft manufacturers provide landing performance based on the Runway Condition Code.

The amendments will make the use of the CRFI, a Canada-specific method, mandatory for all airports that provide air transport service under Subpart 705 of the CARs.

Additionally, with respect to the GTAA’s concern regarding the globally harmonized format for the assessment and reporting of runway condition characteristics, Transport Canada’s response is that the proposed revisions to the Snow Warning to Airmen (SNOWTAM) format (Amendment 39 to Annex 15 of the Chicago Convention) contains a field for reporting friction measurements. The measurements will only be reported for those States that have an established program of runway friction measurement using state-approved friction measuring equipment.

Impact of requirements on northern airports

Both the provinces of Manitoba and Ontario stated that the requirements of the proposed amendments are considered onerous and require flexibility for northern airport operations.

The province of Manitoba, which operates 22 certified aerodromes in remote, northern Manitoba, commented on the fact that northern airports have minimal heavy equipment that would facilitate moving snow farther back, and that several areas are not equipped with snowblowers. The purchase of heavy equipment capable of moving the snow could cost up to $400,000 per airport. In order to comply with the proposed amendments, extra staff would need to be hired to remove the snow. The Government of Manitoba stated that the cumulative cost to the province could be approximately $9 million.

In response to Manitoba’s comments, Transport Canada is of the opinion that remote airports are expected to have winter equipment, such as snowblowers. The objective of the amendments is to define the displacement of the snow from the proximity of operational areas in such a manner that it will not create a hazard to aircraft operations.

The Ontario Ministry of Transportation’s Remote Northern Transportation Office, which manages and operates 28 certified aerodromes in Ontario, commented that the regulations should consider the challenges associated with remote northern airport operations, and the ability to comply is considered onerous.

Transport Canada took into consideration the burden on northern airports raised by the provincial governments of Ontario and Manitoba. These amendments provide a balanced approach to the safety of aircraft operations and considerations related to airport winter maintenance. The amendments are designed to mandate the provision of specific elements based on the type of activity serviced by the airport. As such, they provide a compliance option to airports that service only Subpart 703 air operators. These airports will be required to comply with less onerous requirements pursuant to sections 302.406 and 302.407 or they can choose to comply with the complete set of requirements pursuant to sections 302.410 to 302.419, which are required for airports that service Subparts 705 and 704 air operators. The option to follow a less onerous set of requirements for airports that service Subpart 703 air operators is appropriate because these airports service smaller aircraft and the requirements for taking off and landing are different (e.g. a shorter runway is required, the aircraft weighs less).

This is a tailored approach to implementation based on the overall activity and avoids having a mandated “one-size-fits-all” approach.

Prescriptive requirements and impacts on service

The Ministry of Highways and Infrastructure (MHI) in Saskatchewan, which owns and operates six certified aerodromes, expressed the concern that the amendments are very prescriptive and they will result in a lower level of service at a number of airports.

Transport Canada acknowledges that some elements of the amendments, for example, as it relates to the height and slope of snowbanks, and the CRFI requirements are prescriptive. However, these requirements for the height and slope of snowbanks on the sides of runways and taxiways are required for the protection of overhanging wings and engines in order to provide the critical safety separation from objects such as hardened snowbanks, and to ensure the safety of aircraft operations. Transport Canada is of the opinion that the snow profile for areas adjacent to the sides of the runways and taxiways provides an acceptable level of safety and flexibility for airport winter maintenance operations. The increased safety measures related to winter maintenance will contribute to a better and safer level of service at Canadian airports.

Sand

MHI in Saskatchewan also commented on the fact that manufactured sand is not available locally at any of the MHI airports. While it may be realistic to transport sand to airports that have road access, MHI commented that it is not feasible to haul sand to remote airports with no road access.

Not all airports will have access to locally manufactured sand. Both natural and manufactured sands are acceptable if they meet the requirements set out in the amendments (i.e. the size of the aggregates/particles). The Airport Standards — Airport Winter Maintenance associated with these amendments do not require the use of only “manufactured sand” and specifically recognize “natural sand” as being acceptable. They do, however, prescribe the maximum size of the aggregate, meaning that the natural sand will have to be screened to avoid large pieces that could damage aircraft and affect the safety of operations.

Snow accumulation

Transport Canada received comments opposed to the height of the snow profile beyond the runway and taxiway edge, and to the snow accumulation slope in pre-threshold areas. Manitoba, Ontario and Saskatchewan expressed their inability to meet the snow profile requirements related to the allowable heights of snowbanks on the sides of runways and taxiways, especially at airports where there is limited room for snow storage.

With respect to the inability to meet the proposed safety requirements, the amendments will require the airport operator to develop an airport winter maintenance plan, related to the specific needs of the airport, including a description of the snow clearance arrangements. Therefore, in some cases airports may be required to acquire additional equipment such as dedicated snow blowers to move the snow away from the proximity of the runway. The amendments deal with safety-critical issues that stem from the presence of snow in proximity of the runway. As mentioned above, having the proper equipment is a way to achieve the objective of the amendments where space might be limited for snow storage.

Additionally, Transport Canada is of the opinion that the snow profile for areas adjacent to the sides of the runways and taxiways provides an acceptable level of safety and flexibility for airport winter maintenance operations. The snow profile is the maximum allowable height of the snow beyond the edges (sides and ends) of the runway. This profile provides an acceptable separation between the aircraft parts (wings, engines, etc.) to avoid aircraft coming into contact with hardened snow or ice, which could result in aircraft damage, or lead to an incident or accident. The CARAC Working Group Report recommended snow profiles and snow accumulation slope limitations that provided an acceptable safety margin to aircraft (overhanging parts) while providing flexibility for airport winter maintenance operations. Transport Canada endorsed this recommendation. The amendments for the runway ends/pre-threshold will provide an acceptable snow profile for arriving and departing flight operations. The snow profiles prescribed by these amendments for areas adjacent to the sides of the runways and taxiways are consistent with the guidance provided in ICAO’s Airport Services Manual, Part 2. As a result, Transport Canada has determined that no changes are required to the amendments.

Other comments

Transport Canada received a few requests for clarification, as well as requests for changes to definitions to ensure Canada is properly aligned with internationally accepted terminology.

ICAO global reporting format

The CRFI has been retained, as part of the new globally harmonized methodology for runway condition assessment and reporting recently developed by ICAO, given that it provides air operators with science-based advisory information related to surface friction characteristics under specific conditions. More precisely, the proposed revisions to the SNOWTAM format contains a field for reporting friction measurements. The new globally harmonized methodology developed recently by ICAO is called the Global Reporting Format (GRF), and implementation is set for November 2020. Under the new methodology, a Runway Condition Report (RCR) is used for reporting assessed information. This methodology will contribute to the standardization of the requirements related to runway assessments in winter conditions.

The philosophy of the RCR is that the aerodrome operator assesses the runway surface conditions whenever water, snow, slush, ice or frost is present on an operational runway. From this assessment, a runway condition code and a description of the runway surface are reported. That report can then be used by the flight crew for aeroplane performance calculations. The runway condition code represents the runway condition description as reported by the airport operator. The new methodology comprises some new contaminant definitions to be consistent with the international community, and the forthcoming SNOWTAM format used by NAV CANADA.

In response to the comments received, Transport Canada amended the Airport Standards — Airport Winter Maintenance and developed ACs for the dissemination of detailed information in support of the GRF.

Transport Canada considered every comment received after the publication of these amendments in the Canada Gazette, Part I, and took the following actions:

Changes to ensure clarity and conciseness:

A new section 302.407 was added to clarify the obligation on the airport operators that service Subpart 703 air operators to use ice control chemicals and sand on movement areas as specified in the Airport Standards — Airport Winter Maintenance. The airport operator shall remove sand from movement areas, with the exception of gravel runways, as soon as the sand is no longer required to provide friction for aircraft and service vehicles, and there are no higher operational priorities.

Consultation post-prepublication in the Canada Gazette, Part I

Stakeholders were informed of Transport Canada’s intention to proceed with the amendments at the CARAC plenary in February 2018. No additional comments were received after the 30-day comment period following prepublication in the Canada Gazette, Part I.

Stakeholders were informed that the winter maintenance amendments were proceeding at the Airports Council International - North America Annual Conference and Exhibition in September 2018. The Canadian Airports Council has indicated that they do not have any objection to the amendments and that they are waiting for the amendments to be made. Transport Canada does not believe that there will be further dissenting opinions from stakeholders.

Delay in publication between the Canada Gazette, Part I and Canada Gazette, Part II

It has been nearly three years since the publication of the proposed amendments in the Canada Gazette, Part I. After the publication in the Canada Gazette, Part I, Transport Canada spent a considerable amount of time reviewing and analyzing the comments received, as the comments were broad and not focussed on one particular provision. Transport Canada also reviewed the ICAO requirements to ensure that they were consistent with the Canadian amendments. As a result of this review, the terminology in the amendments was revised to be consistent with ICAO terminology. The Airport Standards — Airport Winter Maintenance, which is incorporated by reference in the amendments, also needed to be updated and finalized so that they will be available when the amendments are published in the Canada Gazette, Part II.

“One-for-One” Rule

The “One-for-One” Rule applies to these amendments and is considered an “IN” under the Rule. Of the 212 airports impacted by these amendments, 6 were identified as business-owned airports. footnote 8 These amendments will increase administrative costs to all airports, as they will be required to maintain records to demonstrate their winter maintenance plans, which will include copying and filing their winter maintenance plans and training records, and will require them to submit these documents to the Minister of Transport should they be requested to do so. However, given that the intent of the “One-for-One” Rule is to quantify incremental administrative costs to businesses, the administrative costs were only quantified for the 6 airports that were identified as business-owned. The annualized administrative costs associated with the amendments are estimated to be $95 for all 6 business-owned airports. This estimate of administrative costs is based on 15 minutes annually to copy and file the winter maintenance plan and training records at each airport, and 30 minutes annually to submit these records to the Minister of Transport, if requested. The costs of labour to maintain records (copying, distributing, filing, etc.) and to submit the records to the Minister, upon request, are $25.30/hour and $46.26/hour, respectively. It is assumed that these activities (i.e. maintaining records and submitting records) occur once per airport each year. The reported values are annualized costs calculated as per the Red Tape Reduction Regulations.

Small business lens

These amendments will increase compliance costs for small business, but the total cost associated with the implementation of these amendments is less than $1 million, and the costs to small businesses are not disproportionately high. Therefore, the small business lens does not apply.

Rationale

The climate of Canada is, and likely will remain for the foreseeable future, such that all aerodromes are exposed to varying amounts of freezing rain and snow. For most of the country, the expected occurrence of these conditions is sufficiently frequent, particularly during winter, that operations in snow and ice are inevitable at the majority of Canadian airports, and in many cases, these conditions can be prolonged and/or have significant impact upon aviation operations.

The amendments will standardize winter maintenance operations, and improve consistency and reliability of the reporting of runway surface information in winter weather. The amendments will lead to safer transportation for those using Canadian airports in winter by increasing the predictability of airport access during this crucial time of the year. The amendments will regulate the types of ice control chemicals and sand that can be used. The wrong chemicals or the improper use of chemicals could have a negative impact on an aircraft and/or the runway. In addition, sand could cause foreign object damage to an aircraft.

The amendments will only be applicable to land airports in Canada. Based on the National Aerodrome Safety Database and analysis conducted by Transport Canada in 2016, the following is a breakdown of the impact these amendments will have on the applicable airports:

In addition, it was confirmed that the airport in Trois-Rivières has an updated winter maintenance plan, a decelerometer, and a training program for its winter maintenance operations; therefore, the cost impact of these Regulations has been adjusted to reflect this information.

Of the total 212 airports impacted by these amendments, Transport Canada estimates that the cumulative compliance cost will be $90,000 for 9 airports, of which 1 was identified as a business-owned airport, and that the annualized administrative cost will be $95 for the 6 airports identified as business-owned. There will be no anticipated additional costs to government for the enforcement of these amendments, as Transport Canada will include the surveillance of these amendments in its regular monitoring activities.

Implementation, enforcement and service standards

Transport Canada will publish guidance materials to support the implementation of the amendments, such as the Advisory Circular on Global Reporting Format for Runway Surface Condition Reporting in early 2019. In addition, AC No. 302-013, Airport Winter Maintenance and Planning, and AC No. 300-005, Changes to Runway Surface Condition Reporting, will be revised and made available to stakeholders.

The amendments will be enforced through the assessment of monetary penalties imposed by designated provisions under sections 7.6 to 8.2 of the Aeronautics Act that carry a maximum fine of $3,000 for individuals and $15,000 for corporations; through the suspension or cancellation of a Canadian aviation document (CAD); or, as applicable, by way of summary conviction, pursuant to section 7.3 of the Aeronautics Act. footnote 9

Transport Canada may take one of three courses of administrative action when a contravention has occurred — oral counselling, monetary penalty or suspension of a CAD (depending on the circumstances of the contravention). Oral counselling may be appropriate in cases where a CAD holder commits a minor inadvertent violation and immediate counselling is provided on the necessity for compliance. A monetary penalty may be assessed where there has been a violation of a designated provision. A CAD may be suspended in respect of any contravention of a provision of Part I of the Aeronautics Act.

The amendments will come into force on the first anniversary of the day on which they are published in the Canada Gazette, Part II.

Contact

Chief
Regulatory Affairs (AARBH)
Civil Aviation
Safety and Security Group
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N5
Telephone: 613‑993‑7284 or 1-800‑305‑2059
Fax: 613‑990‑1198
Email: carrac@tc.gc.ca
Website: www.tc.gc.ca