Regulations Amending the Canadian Aviation Regulations (Various Subjects): SOR/2019-119

Canada Gazette, Part II, Volume 153, Number 10

Registration

SOR/2019-119 May 6, 2019

AERONAUTICS ACT

P.C. 2019-419 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} of the Aeronautics Act^{footnote b}, makes the annexed Regulations Amending the Canadian Aviation Regulations (Various Subjects).

Regulations Amending the Canadian Aviation Regulations (Various Subjects)

Amendments

1 (1) The definition plan ESCAT or Plan relatif au contrôle d’urgence de la circulation aérienne aux fins de la sécurité nationale in subsection 101.01(1) of the French version of the Canadian Aviation Regulations^{footnote 1} is replaced by the following:

plan ESCAT ou Plan relatif au contrôle de sécurité d’urgence de la circulation aérienne Ensemble des mesures devant être mises en application par Sa Majesté du chef du Canada conformément à l’Accord du Commandement de la défense aérospatiale de l’Amérique du Nord (NORAD) dans le cas d’une urgence relative à la défense aérienne. (ESCAT Plan or Emergency Security Control of Air Traffic Plan)

(2) Paragraph (a) of the definition certificat de type in subsection 101.01(1) of the French version of the Regulations is replaced by the following:

a) Document qui est délivré par le ministre, y compris toute homologation de type délivrée en vertu de l’article 214 du Règlement de l’Air avant le 10 octobre 1996, et qui atteste que la définition de type d’un aéronef, d’un moteur d’aéronef ou d’une hélice qui y est indiqué est conforme aux normes applicables à ce produit aéronautique qui sont consignées dans les fiches de données du certificat de type;

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

CVFR or controlled VFR flight means a flight conducted under the visual flight rules within Class B Airspace and in accordance with an air traffic control clearance; (CVFR ou vol VFR contrôlé)

2 Division I of Subpart 3 of Part I of the Regulations is repealed.

3 Paragraph 104.04(1)(a) of the Regulations is replaced by the following:

(a) transportation, lodging, meal and incidental expenses, as calculated in accordance with the rates set out in the National Joint Council Travel Directive; and

4 Paragraph 107.03(b) of the French version of the Regulations is replaced by the following:

b) un processus qui permet d’établir des objectifs en vue d’améliorer la sécurité aérienne et d’évaluer dans quelle mesure ils ont été atteints;

5 Subsection 202.03(4) of the Regulations is replaced by the following:

(4) Where the owner of an aircraft changes its marks under subsection (3) or the owner of a vintage aircraft changes its nationality mark from “C” to “CF” or from “CF” to “C”, followed by the appropriate registration mark, the owner shall, before operating the aircraft, notify the Minister in writing of the change.

(5) On receipt of the notice, the Minister shall change the marks accordingly in the Canadian Civil Aircraft Register and issue a new registration certificate to reflect the change.

6 Paragraph 302.07(1)(g) of the French version of the Regulations is replaced by the following:

g) n’attribuer de fonctions sur l’aire de mouvement et toute autre aire réservée pour l’utilisation sécuritaire des aéronefs, y compris les surfaces de limitation d’obstacles, à l’aéroport, lesquelles sont décrites dans le manuel d’exploitation de l’aéroport, qu’aux employés qui ont terminé avec succès un cours de formation initiale en matière de sécurité portant sur les facteurs humains et organisationnels.

7 (1) Subsection 302.202(2) of the Regulations is replaced by the following:

(2) The operator of an airport shall establish a degree of supervision and control that is necessary to manage the size and complexity of the emergencies referred to in paragraph (1)(a).

(2) Paragraph 302.202(3)(a) of the English version of the Regulations is replaced by the following:

(a) keep at the airport, in the format of a manual, a copy of an updated version of the emergency plan; and

(3) Paragraph 302.202(4)(b) of the Regulations is replaced by the following:

(b) review the emergency plan and make any required updates at least once a year after consultation with a representative sample of the air operators that use the airport and the community organizations identified in the emergency plan.

8 The portion of subsection 302.207(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

302.207 (1) L’exploitant de l’aéroport ne peut assigner des fonctions d’intervention d’urgence particulières, autres que des fonctions de coordonnateur sur place ou de surveillant, qu’à des membres du personnel de l’aéroport qui figurent dans le plan d’urgence et qui répondent aux exigences suivantes :

9 Paragraph 302.505(2)(c) of the English version of the Regulations is replaced by the following:

(c) if management duties have been assigned to another person under subsection (3), communicate any determination regarding a corrective action to that person; and

10 Subsection 305.33(7) of the Regulations is replaced by the following:

(7) Where a visual approach slope indicator system is provided, the operator of a heliport shall provide an obstacle protection surface (OPS) in accordance with the applicable heliport standard.

11 The portion of paragraph 305.37(1)(d) of the English version of the Regulations before subparagraph (i) is replaced by the following:

(d) in accordance with the applicable heliport standard, a fixed obstacle located on the safety area shall be

12 Subparagraph (b)(ii) of the definition aerodrome work in section 307.01 of the Regulations is replaced by the following:

(ii) increasing the length of an existing runway for aeroplanes by more than 100 m or 10%, whichever is greater. (travaux d’aérodrome)

13 (1) Subsection 401.05(3) of the Regulations is replaced by the following:

(3) No holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall exercise the privileges of the instrument rating unless the holder has successfully completed, within the 24 months preceding the flight, one of the following:

(a) an instrument rating flight test in an aircraft or in a Level B, C or D simulator of the same group as the aircraft;
(b) a Canadian Forces instrument rating flight test;
(c) an instrument proficiency check that complies with the applicable requirements of subsection 421.05(1) of Standard 421 – Flight Crew Permits, Licences and Ratings and that
- (i) consisted of tasks representative of those required by sections 1 to 4 of section 5 of Schedule 8 of Standard 428 – Conduct of Flight Tests,
- (ii) was conducted in
- (iii) was conducted by any of the following persons who hold a valid instrument rating for aircraft of the same group as set out in subsection 421.46(1) of Standard 421:
(d) one of the following competency checks or pilot proficiency checks for which the validity period has not expired and that includes a portion on instrument procedures:
- (i) a competency check conducted in accordance with the Flight Test Guide — Competency Check (Private Operators), published by the Minister, in the case of aircraft operated under Subpart 4 of Part VI,
- (ii) a line operational evaluation from an approved advanced qualification program conducted by a Canadian Advanced Qualification Program Evaluator,
- (iii) a foreign pilot proficiency or competency check that is approved by a contracting state and conducted by a foreign check pilot who is authorized to conduct instrument proficiency checks for commercial and private air operators of that state, if the holder is working for hire or reward for a foreign commercial or private air operator, or
- (iv) a competency check or pilot proficiency check conducted in compliance with one of the following schedules to the Commercial Air Services Standards:

(3.1) No holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall exercise the privileges of the instrument rating unless, following the first day of the 13th month after the completion date of a test referred to in subsection (3) and within six months before the flight, the holder has

(a) acquired six hours of instrument time; and
(b) completed six instrument approaches in an aircraft in actual or simulated instrument meteorological conditions, or in a Level B, C or D simulator or an approved flight training device configured for the same category as the aircraft
- (i) under the supervision of a person who holds the qualifications referred to in subsection 425.21(9) of Standard 425 — Flight Training, or
- (ii) while acting as a flight instructor conducting training in respect of the endorsement of a flight crew licence or permit with an instrument rating.

(3.2) The holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall retain a record of having met the applicable recency requirement set out in subsection (3) or (3.1) for three years.

(2) The portion of subsection 401.05(4) of the Regulations before paragraph (a) is replaced by the following:

(4) No holder of a Canadian flight engineer licence shall exercise the privileges set out in section 401.37 unless

(3) The portion of subsection 401.05(5) of the Regulations before paragraph (a) is replaced by the following:

(5) No holder of a Canadian pilot licence endorsed with a second officer rating shall exercise the privileges set out in section 401.53 unless

(4) The portion of subsection 401.05(6) of the Regulations before paragraph (a) is replaced by the following:

(6) No holder of a Canadian pilot licence endorsed with a flight instructor rating — ultra-light aeroplane shall exercise the privileges set out in section 401.88 unless

14 The portion of subsection 401.06(3) of the Regulations before paragraph (a) is replaced by the following:

(3) The Minister shall extend the validity period of a flight instructor rating for a period of not more than 90 days beginning on the day on which the rating would otherwise expire, if

15 Subsections 401.12(3) and (4) of the Regulations are replaced by the following:

(3) The expiry date of an aviation document booklet that has a flight crew permit affixed in it but does not have a flight crew licence affixed in it is the first day of the 121st month following the day on which the booklet was issued.

(4) The expiry date of an aviation document booklet that has a flight crew licence affixed in it is

(a) the first day of the 121st month following the day on which the booklet was issued, if the application for the licence included documentation establishing that the holder demonstrated an expert level ability during their language proficiency evaluation; or
(b) the first day of the 121st month following the day on which the holder’s language proficiency evaluation was conducted, if the application for the licence included documentation establishing that the holder demonstrated an operational level ability during the evaluation.

16 Sections 401.48 and 401.49 and the reference “[401.50 and 401.51 reserved]” after section 401.49 of the Regulations are replaced by the following:

[401.48 to 401.51 reserved]

17 Section 406.41 of the Regulations and the heading before it are replaced by the following:

Defect Rectification and Control Procedures

406.41 A flight training unit that operates an aeroplane or a helicopter shall include in its maintenance control system the procedures referred to in the personnel licensing standards for

(a) recording aircraft defects;
(b) ensuring that defects are rectified in accordance with the requirements of these Regulations;
(c) detecting defects that recur and identifying those defects as recurring defects; and
(d) subject to sections 605.09 and 605.10, scheduling the rectification of defects whose repair has been deferred.

18 Section 501.03 of the Regulations is replaced by the following:

501.03 The owner of a Canadian aircraft shall submit the Annual Airworthiness Information Report to the Minister each year by not later than March 30 following the calendar year for which the Report was prepared or another date agreed on, beforehand, by the owner and the Minister.

19 Paragraph 521.31(2)(a) of the French version of the Regulations is replaced by the following:

a) au chapitre 551 — Équipement d’aéronef et installation du Manuel de navigabilité;

20 (1) Subsection 521.158(2) of the French version of the Regulations is replaced by the following:

(2) La base de certification en vue de la délivrance d’une approbation de la conception de réparation ou d’une approbation de la conception de pièce est celle qui est consignée dans les fiches de données du certificat de type et comprend toute condition spéciale visée au paragraphe (7).

(2) The portion of subsection 521.158(5) of the French version of the Regulations before paragraph (a) is replaced by the following:

(5) À l’égard d’un domaine, d’un système, d’un composant, d’un équipement ou d’un appareillage qui fait l’objet d’une modification, une norme visée aux paragraphes (3) ou (4) ne peut être antérieure ni à une norme consignée dans les fiches de données du certificat de type ni aux normes suivantes :

(3) The portion of subsection 521.158(6) of the French version of the Regulations before paragraph (b) is replaced by the following:

(6) Les normes de navigabilité qui sont applicables à l’égard de la modification de la définition de type d’un aéronef, autre qu’un giravion, ayant une MMHD de 2 720 kg (6 000 livres) ou moins, ou d’un giravion dépourvu de turbomoteur ayant une MMHD de 1 360 kg (3 000 livres) ou moins, sont celles consignées dans les fiches de données du certificat de type, sauf si le ministre conclut :

a) d’une part, que la modification est importante et nécessite la conformité à une modification des normes consignées dans les fiches de données du certificat de type qui sont applicables à la modification et à toute autre norme directement visée par cette modification;

(4) Paragraph 521.158(8)(b) of the French version of the Regulations is replaced by the following:

b) aux normes de navigabilité consignées dans les fiches de données du certificat de type ou à une modification antérieure d’une norme visée à l’alinéa a), si les normes ou la modification offrent un niveau de sécurité convenant à l’utilisation prévue de cet aéronef.

21 Paragraph 521.159(1)(b) of the French version of the Regulations is replaced by the following:

b) continue d’être conforme aux normes de bruit qui s’appliquaient avant que la modification soit apportée et qui sont consignées dans les fiches de données du certificat de type ou dans un document qui a été accepté par le ministre comme étant équivalent à un certificat de type pour cet aéronef.

22 Paragraph 521.160(2)(b) of the French version of the Regulations is replaced by the following:

b) que la définition de type du produit offre un niveau de sécurité au moins équivalent à celui assuré par la base de certification qui s’appliquait avant que la modification ne soit apportée.

23 Section 521.203 of the French version of the Regulations is replaced by the following:

521.203 Sous réserve de l’article 521.153, le demandeur d’un certificat de type supplémentaire à l’égard d’une modification de la définition de type d’un produit aéronautique pour lequel le ministre a délivré ou accepté un certificat de type présente à celui-ci une demande en la forme et de la manière prévues à l’article 521.155.

24 Paragraph 521.355(2)(b) of the French version of the Regulations is replaced by the following:

b) apporter toute mesure corrective que le ministre juge nécessaire pour corriger la lacune.

25 Subparagraph 521.357(1)(a)(v) of the Regulations is replaced by the following:

(v) provides the transferee with the type design of the aeronautical product that is the subject of the transfer and the information recorded under paragraph 521.365(a); and

26 Paragraph 521.365(c) of the Regulations is replaced by the following:

(c) notify the Minister in writing if the holder no longer intends to make the information recorded under paragraph (a) available for the purpose of manufacture, modification, repair or installation of the aeronautical product or for maintaining the airworthiness of the aeronautical product.

27 (1) Paragraph 561.04(1)(c) of the French version of the Regulations is replaced by the following:

c) veiller à ce que la personne nommée démontre au ministre, dans les 30 jours suivant sa nomination, qu’elle possède des connaissances sur les sujets mentionnés au paragraphe 561.04(2) de la norme 561.

(2) Subsections 561.04(2) and (3) of the French version of the Regulations are replaced by the following:

(2) Le ministre fait subir à la personne nommée, conformément au paragraphe 561.04(3) de la norme 561, une entrevue visant à évaluer si elle possède des connaissances sur les sujets visés à l’alinéa (1)c).

(3) Le ministre informe la personne nommée des résultats de l’évaluation et indique, s’il y a lieu, toute lacune relevée dans ses connaissances sur les sujets dans les 10 jours suivant l’entrevue.

28 (1) Paragraph 602.27(b) of the Regulations is repealed.

(2) Section 602.27 of the Regulations is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d):

(e) in any class of airspace that requires radio contact with air traffic services unless the appropriate unit that provides air traffic services is advised that aerobatic manoeuvres will be conducted; or
(f) in Class A, B or C airspace or Class D Control Zones without prior co-ordination between the pilot-in-command and the air traffic control unit that provides air traffic control service in that airspace.

29 The table to section 602.34 of the Regulations is replaced by the following:

TABLE

CRUISING ALTITUDES AND CRUISING FLIGHT LEVELS APPROPRIATE TO AIRCRAFT TRACK
TRACK 000° — 179°			TRACK 180° — 359°
Column I	Column II		Column III	Column IV
IFR	VFR		IFR	VFR
1,000	-	Cruising Altitudes or Cruising Flight Levels — 18,000 feet and below	2,000	-
3,000	3,500		4,000	4,500
5,000	5,500		6,000	6,500
7,000	7,500		8,000	8,500
9,000	9,500		10,000	10,500
11,000	11,500		12,000	12,500
13,000	13,500		14,000	14,500
15,000	15,500		16,000	16,500
17,000	17,500
IFR & CVFR			IFR & CVFR
NON-RVSM	RVSM		NON-RVSM	RVSM
190	190	Cruising Flight Levels — 180 to 590 RVSM 1,000 feet separation between FL290–FL410	180	180
210	210		200	200
230	230		220	220
250	250		240	240
270	270		260	260
290	290		280	280
330	310		310	300
370	330		350	320
410	350		390	340
450	370		430	360
490	390		470	380
530	410		510	400
570	450		550	430
	490		590	470
	530			510
	570			550
				590

30 Paragraph 602.96(3)(d) of the Regulations is replaced by the following:

(d) if the aerodrome is an airport or heliport, comply with any operating restrictions specified by the Minister in the Canada Flight Supplement;

31 Subsection 602.104(1) of the French version of the Regulations is replaced by the following:

602.104 (1) Le présent article s’applique à la personne qui utilise un aéronef IFR lors d’une approche ou d’un atterrissage à un aérodrome non contrôlé, que l’aérodrome se trouve à l’intérieur d’une zone MF ou non.

32 The note to the table to section 602.106 of the Regulations is replaced by the following:

* Information taken from the aeronautical information publication of NAV CANADA entitled Canada Flight Supplement

33 The portion of paragraph 602.116(d) of the Regulations before subparagraph (ii) is replaced by the following:

(d) the weather at the aerodrome of destination is forecast to have no broken, overcast or obscured layer lower than 3,000 feet above the planned flight altitude and the ground visibility is forecast to be five miles or greater with no thunderstorms or precipitation
- (i) where the forecast is an aerodrome forecast (TAF), for the period from one hour before to two hours after the estimated time of arrival, using the worst forecast condition together with any of the references TEMPO (temporary fluctuation), BECMG (becoming) or PROB (probability), and

34 Section 602.134 of the Regulations and the heading before it are replaced by the following:

Request for Air Traffic Services

602.134 Any person operating an aircraft who wishes to receive air traffic services referred to in section 801.11 in English or French shall so indicate to the appropriate air traffic control unit or flight service station by means of an initial radiocommunication in English or French, as appropriate.

35 Section 602.135 of the Regulations and the heading before it are replaced by the following:

[602.135 Reserved]

36 Paragraph 603.65(f) of the Regulations is replaced by the following:

(f) the operation of an aircraft while conducting aerobatic manoeuvres below 2,000 feet AGL.

37 Paragraph 604.149(3)(b) of the English version of the Regulations is replaced by the following:

(b) retain the written examination referred to in subsection (2) for two years after the day on which the examination was given.

38 Paragraph 703.08(g) of the Regulations is amended by striking out “and” at the end of subparagraph (ix) and by adding the following after subparagraph (ix):

(ix.1) navigation system authorizations, and

39 Section 703.87 of the Regulations is renumbered as subsection 703.87(1) and is amended by adding the following:

(2) An air operator shall record on the operational flight plan the name of the pilot-in-command and, if applicable, the second-in-command who were designated under subsection (1) and shall retain the plan for at least 180 days after the day on which the flight is completed.

40 The heading before section 704.33 of the Regulations is replaced by the following:

Passenger and Cabin Safety Procedures

41 Paragraph 704.33(1)(a) of the Regulations is replaced by the following:

(a) passengers move to and from the aircraft and embark and disembark safely, in accordance with procedures that meet the requirements of section 724.33 of the Commercial Air Service Standards and that are specified in the air operator’s company operations manual;

42 Section 704.107 of the Regulations is renumbered as subsection 704.107(1) and is amended by adding the following:

43 Paragraphs 705.203(a) to (d) of the Regulations are replaced by the following:

(a) the features that facilitate emergency evacuations meet the requirements set out in paragraphs 725.203(a) to (n) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards;
(b) the passenger seats and flight attendant seats meet the requirements set out in paragraph 725.203(o) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards;
(c) compartments occupied by passengers and crew members meet the requirements respecting flammability set out in paragraph 725.203(p), (q) or (r) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards; and
(d) the thermal insulation and acoustic insulation meet the requirements respecting flammability set out in paragraph 725.203(s) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards.

44 The reference “[801.11 to 801.15 reserved]” after section 801.10 of the Regulations is replaced by the following:

Locations where Air Traffic Services are Available in English and French

801.11 (1) Every flight service station set out in Table 1 to this section and every air traffic control unit set out in Table 3 to this section shall provide advisory services in English and French.

(2) Every air traffic control unit set out in Table 3 to this section shall provide air traffic services in English and French.

(3) Every temporary air traffic control unit located in the province of Quebec shall provide air traffic services in English and French.

(4) Every flight service station set out in Table 2 to this section shall provide, between any person operating an aircraft and any air traffic control unit set out in Table 3 to this section, a relay service of IFR air traffic control messages in English or French, as indicated by that person.

TABLE 1

FLIGHT SERVICE STATIONS WHERE ADVISORY SERVICES ARE AVAILABLE IN ENGLISH AND FRENCH

1 Gatineau
2 Îles-de-la-Madeleine
3 Kuujjuaq
4 La Grande Rivière
5 Mont-Joli
6 Rouyn
7 Sept-Îles
8 Val-d’Or
9 Montréal International (Mirabel)

TABLE 2

FLIGHT SERVICE STATIONS WHERE RELAY SERVICES OF IFR AIR TRAFFIC CONTROL MESSAGES ARE AVAILABLE IN ENGLISH AND FRENCH

1 Gatineau
2 Îles-de-la-Madeleine
3 Kuujjuaq
4 La Grande Rivière
5 Mont-Joli
6 Québec
7 Rouyn
8 Sept-Îles
9 Val-d’Or
10 Montréal International (Mirabel)

TABLE 3

AIR TRAFFIC CONTROL UNITS WHERE ADVISORY SERVICES AND AIR TRAFFIC CONTROL SERVICES ARE AVAILABLE IN ENGLISH AND FRENCH

Area Control Centre
- 1 Montréal
Terminal Control Units
- 1 Bagotville
Air Traffic Control Towers
- 1 Bagotville
- 2 Montréal International (Pierre Elliott Trudeau)
- 3 Ottawa International (Macdonald-Cartier)
- 4 Québec International (Jean Lesage)
- 5 St-Honoré
- 6 St-Hubert
- 7 St-Jean (Province of Québec)

801.12 All air traffic control units and flight service stations shall provide aeronautical radiocommunication services in English.

45 Subsection 804.01(4) of the Regulations is replaced by the following:

(4) For the purpose of paragraph (1)(a), operator, used in Annex 3 to the Convention, has the meaning assigned by the definition air operator in subsection 101.01(1).

46 The definition aeronautical study in section 806.01 of the Regulations is replaced by the following:

aeronautical study means a study designed to identify the risks to aviation safety attendant upon a particular course of action and to determine how to eliminate or reduce those risks; (étude aéronautique)

47 The Regulations are amended by replacing “the Personnel Licensing and Training Standards respecting Flight Training” with “Standard 425 — Flight Training”, with any necessary modifications, in the following provisions:

(a) the definition “dual instruction flight time” in subsection 400.01(1);
(b) paragraph 401.05(3)(b);
(c) subparagraph 401.15(a)(ii);
(d) clause 401.20(b)(i)(A);
(e) clause 401.21(d)(i)(A);
(f) clause 401.22(c)(i)(A);
(g) clause 401.23(b)(i)(A);
(h) clause 401.24(c)(i)(A);
(i) clause 401.25(b)(i)(A);
(j) clause 401.26(c)(i)(A);
(k) clause 401.27(b)(i)(A);
(l) paragraph 401.30(1)(d);
(m) paragraph 401.31(1)(c); and
(n) subsections 405.01(1) and (2).

Coming into Force

48 (1) Subject to subsection (2), these Regulations come into force on the 30th day after the day on which they are published in the Canada Gazette, Part II.

(2) Section 18 comes into force on January 1, 2020.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

1. Instrument flight rule rating requirements and expiry

Every two years, pilots were required to complete a skills test as part of their Instrument Flight Rule (IFR) rating renewal. Canadian pilots working outside of Canada were required to return to Canada to complete a skills test and renew their IFR rating. This requirement created a disadvantage for pilots who work abroad and for the foreign companies that hire them; returning to Canada and completing the test cost time and money. For pilots working in Canada, the renewal process was not as onerous (no travel or accommodation costs).

The renewal of the IFR rating is an administrative process for Transport Canada that requires a validity sticker to be mailed to successful pilots. The IFR rating renewal requirements imposed an undue burden on Canadian pilots working overseas and on Transport Canada.

2. Consultation on standards incorporated by reference

The Canadian Aviation Regulations (CARs) contained a requirement that all standards incorporated by reference must be consulted upon in accordance with the procedures outlined in the CARAC Management Charter & Procedures, published by the Canadian Aviation Regulation Advisory Council (CARAC). This requirement limited flexibility and was burdensome for Transport Canada, thereby preventing Transport Canada from being responsive to new issues and possibly leading to standards not being updated in a timely fashion.

3. Validity period of the Aviation Document Booklet

The Aviation Document Booklet (ADB) is a booklet with enhanced security measures that includes the photo and signature of the ADB holder, and contains the licences, permits and medical certificate of the holder. The ADB had a validity period of five years. There is a financial and administrative burden associated with providing the ADB to document holders. The built-in security features and the nature of the document means there is a low probability of fraudulent documents being produced. The ADB alone does not give any privileges to the holder as it is only the placeholder for licences, permits, and certificates.

4. Reporting date for Annual Airworthiness Information Report

All Annual Airworthiness Information Reports (AAIRs) were required to be submitted to Transport Canada by the anniversary date of the issuance of the aircraft’s flight authority or another date agreed upon by the owner and the Minister. The AAIR reporting requirements posed administrative challenges for the department and impeded the Minister’s ability to pursue non-reporting owners who did not report in a timely manner.

5. Runway specifications for aerodromes

A previous amendment limited consultation to those runway extensions that will result in an increase in length of an existing runway by 100 m or by 10%, whichever is greater. The original intention was to consult on runway extensions that exceed 100 m or when the runway increases by 10% of its overall length. The runway specifications limit when consultation is required beyond what was originally intended and does not reflect the intent of what was consulted on with stakeholders when the previous amendment to this section was being developed.

6. Minor amendments recommended by the Standing Joint Committee for the Scrutiny of Regulations

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified minor issues with the CARs and has recommended the CARs be amended to address these issues in order to ensure the accurate interpretation of the Regulations (e.g. ensure the consistent use of terminology in both the English and French versions).

7. Minor technical amendments

Transport Canada has identified minor technical issues (e.g. inconsistent structure and terminology, obsolete references) with the CARs and is making amendments to address these issues.

Background

1. Instrument Flight Rule rating requirements and expiry

Pilots require a licence to fly aircraft just like drivers require a licence to operate a motorized vehicle. A pilot’s licence indicates that the pilot has the knowledge and experience required to fly an aircraft demonstrated through a knowledge test and flying test. Every pilot’s licence has one or more ratings indicating that they are licensed to fly in a particular category (e.g. airline transport pilot licence — aeroplane; commercial pilot licence — helicopter; commercial pilot licence — aeroplane; private pilot licence — aeroplane). This is similar to someone who holds a valid motor vehicle driver’s licence which indicates that a person may drive a transport truck or a motorcycle.

As part of pilots’ IFR rating training and subsequent renewal of their IFR rating, pilots learn and demonstrate that they can evaluate weather, dispatch the flight, and fly the aircraft in difficult weather conditions and considering other traffic in the air solely by relying on instrument and navigational aids. To maintain a valid IFR rating, pilots have to acquire six hours of instrument time and complete six instrument approaches within the six months prior to an IFR flight, either in an aircraft or flight simulator. While a pilot’s licence is valid for five years, their IFR rating expires every 24 months.

Transport Canada must administer approximately 8 856 IFR rating renewals annually. Once a pilot has completed their IFR testing, a report containing the results of the test is submitted to Transport Canada. If the report indicates that the pilot has passed the test, Transport Canada mails a validity sticker which must be affixed in the ADB. Generally, pilots employed by medium and large airlines list the airlines’ central administration office as the pilot’s address. An administrative officer would receive the stickers, update the individual pilot’s electronic file and place the sticker in the pilot’s mailbox.

The requirement to renew the IFR rating every 24 months imposed an undue burden on Canadian pilots working overseas who were required to return to Canada to renew their IFR rating, which includes an on-the-ground component and a mandatory flight test; and on Transport Canada, which is required to process the IFR rating renewals.

The possibility of allowing a non-expiring IFR rating has been explored extensively. In 2007, Transport Canada conducted a risk assessment to determine the impact of allowing a non-expiring IFR rating. It was determined that any risks could be mitigated by introducing an instrument proficiency check using existing alternatives to the mandatory flight test for instrument rating (i.e. successful completion of a flight test using a flight simulator, a Canadian Forces instrument flight check, or a foreign instrument proficiency check) by expanding the recency requirements (section 401.05 of the CARs).

Recency requirements outline the requirements that a pilot must meet in order to stay current and maintain a valid pilot’s licence. These alternatives include flight tests conducted using a flight simulator, recognizing the Canadian Forces instrument flight check or accepting a foreign instrument proficiency check (a test administered by an approved examiner). These alternatives are considered to provide an equivalent level of safety to the current renewal process, which includes a mandatory flight test.

In 2009, a Notice of Proposed Amendments (NPA) was developed and presented for consultation. The NPA was endorsed by CARAC members and Transport Canada. The issue analysis and mitigation measures recommended in the risk assessment completed in 2007 are still valid in today’s context. The environment has not changed substantially since the analysis was completed and the alternatives to the mandatory flight test are still applicable today.

In 2015, an exemption^{footnote 2} to the IFR requirement was granted that provided alternatives for the mandatory renewal of flight tests for the IFR rating by allowing pilots to exercise the privileges of the IFR rating beyond the two-year validity date provided they meet the conditions set out in the exemption (i.e. successful completion of a flight test using a flight simulator, a Canadian Forces instrument flight check, or a foreign instrument proficiency check). The exemption has not impacted safety; however, it is only valid until October 1, 2020, and is not currently reflected in the legal text of the CARs.

2. Consultations on standards incorporated by reference

“Incorporation by reference” is a term used to describe the mechanism that allows the content of a document not in the text of the regulations to be made a part of the regulations by incorporating the title of the document into the regulations. The CARs (Section 103.01) include requirements for incorporation by reference of standards; it specifically mandates that, when a new standard is being incorporated or an existing standard is being amended, the standard shall be consulted on, in accordance with the CARAC Management Charter & Procedures. The CARAC Management Charter & Procedures is an administrative document which was incorporated by reference into section 103.01 of the CARs in 1996.

In 2011, Transport Canada initiated a process to modernize its consultation process, and revisited the procedures laid out in the CARAC Management Charter & Procedures, which were found to be burdensome, procedure-heavy, and no longer met CARAC’s objective to be a modern and nimble consultation body for civil aviation regulatory initiatives. As a result, the CARAC Management Charter & Procedures was separated into two distinct documents: the Canadian Aviation Regulation Advisory Council Management Charter (2016) and the Canadian Aviation Regulation Advisory Council Manual of Procedures (2016). The Canadian Aviation Regulation Advisory Council Management Charter governs consultation with stakeholders by outlining the process and tools to be used when amending an existing regulation or standard; or, making a new regulation or standard. The Canadian Aviation Regulation Advisory Council Manual of Procedures focuses on how to administer the tools from an internal Transport Canada perspective. Transport Canada remains committed to effective and meaningful consultations; and is committed to meeting its obligations under the Government of Canada’s Cabinet Directive on Regulation (CDR), which requires government departments to engage affected stakeholders at all stages of the regulatory process.

3. Validity period of the Aviation Document Booklet

In 2008, the air traffic controllers’ (ATC) and pilots’ licences and permits were replaced with the ADB (section 401.12 of the CARs). At the time, a Canadian Border Services Agency report recommended a five-year validity period for the ADB, similar to passports. Under the previous Regulations, the ADB had a five-year validity period.

Since 2013, the Canadian passport has been available with a 10-year validity period. Transport Canada developed an issue paper recommending the extension of the ADB validity period to 10 years as a cost-saving measure to both Transport Canada, ATCs and pilots.

Issuance of the ADBs by Transport Canada is an administrative transaction separate from the obligations of a licence, permit or rating holder who is required to meet all existing regulatory requirements such as pilot qualifications and medical requirements contained in the CARs in order to maintain a valid licence. There are currently approximately 61 000 ADBs.

4. Reporting date for Annual Airworthiness Information Report

In accordance with the CARs, owners of Canadian aircraft are required to provide the Minister with information on the characteristics of their aircraft and on the maintenance of its airworthiness (i.e. that the aircraft is safe to fly). Owners are required to provide this information to the Minister once a year in the form of the AAIR.

Transport Canada receives approximately 25 000 AAIRs every year. The AAIRs must be submitted on the anniversary of the day on which the aircraft’s flight authority was issued or another date, as agreed on, beforehand, by the owner and the Minister. Receiving 25 000 AAIRs throughout the year means that employees need to consistently stop their other duties to review and process the AAIRs. In addition, Transport Canada may end up processing AAIRs for two calendar years at the same time.

5. Runway specifications for aerodromes

An amendment to Subpart 7 of Part III of the CARs, which came into force on January 1, 2017, required aerodrome operators to consult with stakeholders before developing a new aerodrome or significantly changing an existing aerodrome (i.e. the addition of a new runway or lengthening an existing runway). In order to distinguish between small and large aerodromes, and focus on those extensions that are likely to lead to an increase in aircraft traffic, the amendment limited consultation to those runway extensions that will result in an increase in the length of an existing runway by 100 m or by 10%, whichever is greater.

As a result of the provision, if an existing runway is 1 000 m long and it is being increased by 500 m, it would not require consultation, as the 500 m increase would be neither 100 m nor 10% of the existing runway. This was not the intent of the 2017 amendment nor was it what was communicated to stakeholders during consultations. The intent of the amendment was to consult on an increase in the length of the runway when it exceeds 100 m or when the runway increases by 10% of the overall length, whichever is greater.

6. Minor amendments recommended by the SJCSR

Transport Canada is making minor amendments to the CARs to address the issues identified by the SJCSR.

7. Minor technical amendments

Transport Canada is making additional minor amendments to the CARs to address issues identified by the Department.

Objectives

The objectives of the Regulations amending the Canadian Aviation Regulations (Various Subjects) [the amendments] are to clarify, streamline and correct the legal text of the CARs, and remove certain unnecessarily burdensome administrative requirements.

Description

1. Instrument Flight Rule rating requirements and expiry

The amendments modify the IFR rating requirements.

Recency requirements: The recency requirements are being amended to require that a pilot with an IFR rating must successfully complete, within the 24 months prior to the flight, an alternative to the mandatory flight test. The alternatives include: the use of flight simulators, recognizing the use of the Canadian Forces instrument check or the use of a foreign instrument proficiency check.

IFR renewals: The amendments remove the requirement that IFR ratings be renewed every two years. As a result, IFR ratings are non-expiring as long as the conditions outlined in the CARs are met (i.e. they meet the recency requirements).

2. Consultations on standards incorporated by reference

The provisions outlining the requirements for standards incorporated by reference are being repealed (section 103.01 of the CARs), including the reference to the CARAC Management Charter & Procedures. This document is obsolete as the portion of this document that dealt with consultations has been incorporated into a new document, the Canadian Aviation Regulation Advisory Council Management Charter.

3. Validity period of the Aviation Document Booklet

The amendments allow for a 10-year ADB validity period, expressed in months (an increase from the previous 5-year validity period).

4. Reporting date for Annual Airworthiness Information Report

The amendments replace the requirement for owners of Canadian aircraft to submit AAIRs, for the previous calendar year, to the Minister no later than the anniversary of the day on which the aircraft’s flight authority was issued, and no later than March 30.

5. Runway specifications for aerodromes

The amendments clarify that consultations must be undertaken when an increase in the length of a runway exceeds 100 m or when the runway increases by more than 10% of the overall length, whichever is greater.

6. Minor amendments recommended by the SJCSR

Subsection 101.01(1) — (General Provisions — Interpretation): In the definition of “certificat de type” in the French version, the words “fiches de données de certificat de type” are being replaced with “fiches de données du certificat de type.”
Paragraph 107.03(b) — (Safety Management System Requirements — Safety Management System): In the French version, “buts” is being replaced with “objectifs.”
Paragraph 302.07(1)(g) — (Airports — Obligations of Operator): In the French version, “tâches” is being replaced with “fonctions.”
Subsection 302.202(2) — (Airport Emergency Plan): In the English version, “sufficient” is being replaced by “that is necessary.” In the French version, “suffisant” is being replaced by “nécessaire.”
Paragraph 302.202(3)(a) — (Airport Emergency Plan): In the English version, “maintain” is being replaced with “keep.”
Paragraph 302.202(4)(b) — (Airport Emergency Plan): In the English version, “emergency” is being inserted before the term “plan” in two instances. In the French version, “d’urgence” is being inserted after the term “plan” in one instance.
Subsection 302.207(1) — (Airports — Personnel and Training): In the French version, “celles de coordonnateur” is being replaced with “des fonctions de coordonnateur.”
Paragraph 302.505(2)(c) — (Person Managing the Safety Management System): In the English version, “functions” is being replaced with “duties.”
Subsection 305.33(7) — (Heliports — Lights): In the English version, the words “when required” are being removed. In the French version, the words “sur demande” are being removed.
Paragraph 305.37(1)(d) — (Heliports — Requirements for Marking or Lighting Obstacles): In the English version, “obstacles” is being replaced with “obstacle.”
Paragraph 521.31(2)(a) — (Standards of Airworthiness): In the French version, the name of the chapter (“Équipement d’aéronef et installation”) is being italicized.
Subsections 521.158(2), (5) and (6), and paragraphs 521.158(8)(b) and 521.159(1)(b) — (Standards of Airworthiness and Aircraft Emissions Standards): In the French version, “de certificat” is being replaced with “du certificat.”
Paragraph 521.160(2)(b) — (Conformity with Certification Basis): In the French version, “que” is being inserted at the beginning of the provision.
Section 521.203 — (Application for Supplemental Type Certificate): In the French version, “lui” is being removed before the word “présente” and “à celui-ci” is being inserted after the word “présente.”
Paragraph 521.355(2)(b) — (Investigation of Service Difficulty Reports): In the French version, “conclut qu’elle est” is being replaced by “juge.”
Subparagraph 521.357(1)(a)(v) and paragraph 521.365(c) — (Transfer): In the French version, “dossiers” is being replaced with “renseignements.”
Paragraph 561.04(1)(c), Subsections 561.04(2) and (3) — (Manufacture of Aeronautical Products — Management Personnel): In the French version, “une connaissance” is being replaced with “des connaissances” in paragraph 561.04(1)(c) and subsection 561.04(2). In subsection 561.04(3), “sa connaissance” is being replaced with “ses connaissances.”

7. Minor technical amendments

Subsection 101.01(1) — (General Provisions — Interpretation): The definition for “ESCAT plan or Emergency Security Control of Air Traffic Plan” is being amended in the French version to ensure that the English and French definitions have the same meaning.
Paragraph 104.04(1)(a) — (Charges — Processing of Applications Outside Canada): The reference to the “Treasury Board Manual” is being replaced with the “National Joint Council Travel Directive” to clarify that regulatory guidance concerning travel policy should come from the new travel policy adopted by the Government of Canada.
Subsection 202.03(4) and new subsection 202.03(5) — (Aircraft Marking and Registration — Aircraft Marks): Subsection (4) is being divided into two subsections resulting in a new subsection (5).
Sections 400, 401 and 405 — (Part IV — Personnel Licensing and Training): The reference to “the Personnel Licensing and Training Standards respecting Flight Training” is being replaced with “Standard 425 — Flight Training” in various provisions.
Section 406.41 — (Flight Training Units — Defect Recording, Rectification and Control Procedures): Sections 406.41 and 706.05 address the rules concerning repetitive Airworthiness Directive tolerances. Section 406.41 is being amended to align the text with section 706.05 and ensure the consistent use of the same structure and terminology.
Section 602.27 — (Aerobatic Manoeuvres — Prohibited Areas and Flight Conditions): Paragraph (b) is repealed and paragraphs (e) and (f) are added to allow the airspace user to deal directly with the air traffic service provider without involving Transport Canada.
Section 602.34 — (Operating and Flight Rules — Cruising Altitudes and Cruising Flight Levels): The table in this section is being updated to reflect the appropriate direction of flight and separation for reduced vertical separation minima (RVSM) flights and non-RVSM flights. Reduced vertical separation minima is the reduction of the standard vertical separation required between aircraft flying between FL290 (29 000 feet) and FL410 (41 000 feet). This results in an increase in the number of aircraft that can safely fly in a particular volume of airspace. The table has been updated to clearly indicate the distance that must be maintained for RVSM and non-RVSM flights.
Paragraph 602.96(3)(d) — (Operating Flight Rules — General): The term “airport” is being removed before “operating restrictions” and the words “or heliport” are being inserted after the first use of “airport.” Therefore, the provision will read as follows: “where the aerodrome is an airport or heliport, comply with any operating restrictions specified…”
Subsection 602.104(1) — (Operating and Flight Rules — Reporting Procedures for IFR Aircraft When Approaching or Landing at an Uncontrolled Aerodrome): In the French version, the words “et qui effectue une approche ou un atterrissage” are being replaced by “lors d’une approche ou d’un atterrissage.” In addition, “l’aéronef” is being replaced by “l’aérodrome.”
Section 602.106 — (Operating and Flight Rules — Noise-Restricted Runways): In the note to the table, the words “Department of Transport” are being replaced with “NAV CANADA” to clarify that the Canada Flight Supplement is a NAV CANADA publication, not a Department of Transport publication.
Paragraph 602.116(d) — (Operating Flight Rules — VFR Over-the-Top): In paragraph 602.116(d), the amendment will reflect the original intent of the Visual Flight Rules Over-the-Top requirements, by utilizing accepted terminology such as “TEMPO (temporary fluctuation)”/“TEMPO (fluctuation temporaire),” “BECMG (becoming)”/“BECMG (changement permanent)” and “PROB (probability)”/“PROB (probabilité),” and outline obscured vision related to weather.
Subsections 602.134(1), (2), (3), (4) and (5) and the tables — (Operating and Flight Rules — Locations Where Services Are Available in English and French): Subsection (1) is being updated to reference section 801.11, and the other subsections and tables are being moved to section 801.11, and updated with current tower and flight service stations.
Section 602.135 — (Operating and Flight Rules — Locations where Services Are Available in English): Section 602.135 deals with flight service stations and air traffic control units and should be located under Part VIII of the CARs. Therefore, section 602.135 is moved to that part and renumbered as section 801.12.
Paragraph 603.65(f) — (Special Flight Operations —Application): The words “in or into controlled airspace or an air route, or” are being removed so the provision will read “(f) the operation of an aircraft while conducting aerobatic manoeuvres below 2,000 feet AGL.” AGL refers to “above ground level.” This amendment will allow the airspace user to deal directly with the air traffic service provider without involving Transport Canada.
Paragraph 604.149(3)(b) — (Training and Qualifications Records): In the English version, paragraph 604.149(3)(b) incorrectly references subsection (3). Therefore, the paragraph is being amended to refer to the correct subsection (subsection (2)).
Paragraph 703.08(g) — (Air Taxi Operations — Contents of Air Operator Certificate): “Navigation system authorizations” is being inserted as subparagraph (ix.1).
Section 703.87 — (Air Taxi Operations — Designation of Pilot-in-command and Second-in-command) and section 704.107 — (Commuter Operations — Designation of Pilot-in-command and Second-in-command): A new subsection is being created in both sections that will create a formal method of complying with the requirement of designating a pilot-in-command and second-in-command, specifically by including the second-in-command’s name on the flight plan.
Section 704.33 — (Commuter Operations — Apron and Cabin Safety Procedures): Section 704.33 is being amended to align with sections 703.38 and 705.40. This amendment will ensure that the same terminology is being used throughout Part VII.
Section 705.203 — (Emergency Features): Section 705.203 incorrectly references section 725.202 of the Standard. Therefore, the section is being amended to refer to the correct section (section 725.203).
Section 801.11 — (Air Traffic Services — Issuance of ATS Operations Certificate): Subsections 602.134(2), (3), (4) and (5) and the associated tables, as well as section 602.135, are being moved to section 801.11, and updated with current tower and flight service stations.
Subsection 804.01(4) — (Aviation Weather Services and Assessment of Runway Visibility — Provision of Aviation Weather Services): The references to “runway visual range,” “visibility,” “RVR,” and “runway visibility” are being removed in order to align with the International Civil Aviation Organization (ICAO) terminology.
Section 806.01 — (Levels of Service — Interpretation): In the definition of “aeronautical study,” the words “to determine” are being inserted before “how to eliminate or reduce those risks.”

“One-for-One” Rule

The “One-for-One” Rule applies to the IFR rating requirements and expiry proposal and is considered an “OUT” under the Rule. The annualized decrease in administrative costs is $16,206 or $1,247 per business (2012 Can$). Transport Canada estimated that 13 businesses (air operators) will no longer need to submit Pilot Proficiency Check (PPC) reports on behalf of pilots or update their records. The tasks were estimated to take 15 minutes per pilot and were performed by administrative support staff.

Small business lens

The small business lens does not apply to these amendments, as there are no costs on small businesses.

Consultation

Transport Canada consulted stakeholders regarding the amendments on several occasions between 2009 and 2018.

NPAs (2009-031, 2009-037, 2009-038 and 2009-040) were presented for consultation in 2009 regarding the IFR rating requirements. At that time, the amendments were fully endorsed by CARAC members and Transport Canada.

Given the elapsed time since the 2009 NPAs and associated consultations, stakeholders were consulted again on the proposed amendments in 2015. Two NPAs (2015-017 and 2015-018), which included a detailed table describing the proposed amendments, were published in July 2015 followed by a six-week consultation period. The NPAs outlined the minor amendments, the amendment to the IFR rating and the removal of the provisions outlining the requirements for standards incorporated by reference.

Two comments were received during the 2015 consultation period. The first comment related to a proposal, under consideration at that time, to remove references to the Transportation of Dangerous Goods Act, 1992 from the CARs. However, this proposal is no longer part of the amendments. The second submission, from an airline operator, was about implementation of the IFR rating requirements. The airline representative asked if the pilot would be required to keep a record in their ADB; how evidence-based training would be defined; and mentioned they have an approved 8-month cycle between the evaluation and training simulator sessions. Airline operators are responsible for tracking a pilot’s training and recency requirements on behalf of their employees. These amendments do not change that requirement. The six-month recency requirement is in line with Canada’s international partners and has been a regulatory requirement since 2001.

On November 3, 2017, an NPA (2017-007) was presented to stakeholders regarding the amendment to section 501.03 of the CARs that would require aircraft owners to submit their AAIR by March 30 of each year. The NPA had a 30-day comment period. Two comments were received — one from a pilots’ association and one from an individual aircraft owner. The pilots association’s comment centred on ensuring that owners operating in remote locations would still be able to submit a paper version of their AAIR should they have limited or no access to computers or the internet. Transport Canada will not eliminate the ability for aircraft owners to submit a paper version of their AAIR nor would Transport Canada refuse such a submission. The second comment from an individual aircraft owner pertained to a request for accommodation when an owner is not able to file their AAIR by the set date of March 30. Transport Canada confirmed that the requirement to submit an AAIR on another date agreed on, beforehand, by the owner and the Minister will remain.

At the CARAC Plenary meeting held on February 22, 2018, Transport Canada updated stakeholders on the status of the amendments and no opposition or objections were raised.

Rationale

1. Instrument Flight Rule rating requirements and expiry

This amendment is compliant with ICAO standards. Annex 1 of the Chicago Convention allows states to develop their own recency requirements in order for pilots to maintain their competency by demonstrating the knowledge and skills required to safely operate an aircraft. The IFR rating requirements will fulfill the requirements set out by ICAO.

The Canadian requirements are equivalent to the United States requirements in that each country requires verification of knowledge and skills on a continuing basis.

Prior to the 2015 exemption, all Canadian pilots were required to renew their IFR rating every 6 to 12 months. However, Canadian pilots based internationally and working for foreign companies had to return to Canada every 6 to 12 months to conduct a flight test as part of their IFR rating renewal. There was a cost to Canadian pilots based abroad or their employers for their flights, accommodations, meals, and the time away from their jobs. These costs have not been incurred by pilots working abroad or their employers since the 2015 exemption was introduced.

Both Transport Canada and airlines incur administrative costs related to the IFR renewal process. Transport Canada receives the IFR renewal results and mails the validity stickers. Airlines pay administrative support to receive the stickers, update the pilot’s electronic file and place the sticker in the pilot’s mailbox.

There has been an exemption in place since 2015, so the cost savings have already been realized. This amendment will entrench the criteria outlined in the exemption in the CARs.

The benefit for each Canadian commercial pilot working in a foreign country who is no longer required to renew their IFR rating every two years is calculated as follows: $800 for a pilot proficiency check; $300 for the examiner’s fee; and $1,000 for travel.

In addition, domestic operators will stop the practice of submitting the PPC report on behalf of the pilot (0.5 hours × $100).

For domestic airlines, there are administrative costs associated with the storage of pilot’s training records. This amendment will reduce the costs associated with keeping a record of a pilot’s validity sticker and having to update the record every two years.

There is also a benefit for Transport Canada. Transport Canada will no longer be required to receive test results and print or mail validity stickers to pilots every two years. The biennial costs for Transport Canada to administer the stickers are: $2.90 for the sticker plus approximately $1.00 to mail the sticker out per pilot biennially. As of November 30, 2015, there were 17 711 pilots holding a valid instrument rating qualification. On average half of these pilots (8 856) renew their IFR rating annually. As a result of the amendment, Transport Canada will save $259,459 present value (PV) on stickers and postage over the 10-year period as well as the annual salary of two full-time employees.

The total cost savings are estimated at $14.73 million PV over 10 years at a 7% discount rate or $2.10 million annualized. Of that amount, Canadian pilots would save approximately $13.42 million PV, Transport Canada will save approximately $1.14 million PV and Canadian businesses will save approximately $0.17 million PV.

2. Incorporation by reference

The removal of the provisions related to the requirements for standards incorporated by reference will not impact on Transport Canada’s ability to incorporate documents as the Aeronautics Act provides an overarching authority for incorporation by reference.

As a result of the removal of these provisions, the reference to the CARAC Management Charter & Procedures will no longer exist in the regulations. Ultimately, this will result in greater flexibility in the consultation process. The CARAC Management Charter & Procedures will continue to guide consultations with stakeholders. Transport Canada is committed to continuing to engage stakeholders during the rule-making process and will meet its obligations to consult with stakeholders in accordance with the Cabinet Directive on Regulation.

3. Validity period of the Aviation Document Booklet

Benefit to Canadians (pilots and ATCs)

The benefit (cost savings) of extending the validity period from 5 to 10 years is estimated as the total number of all ADBs (pilots and ATCs) that would have been submitted over the last 5 years of the 10-year analysis period (i.e. those ADBs that would have been renewed in the 10-year period) multiplied by the cost of renewing the ADB (photo, verifier signature and mailing cost). The cost savings are estimated at $30 per booklet, for a total of $1.06 million PV over the 10-year analysis period.

Benefit to Transport Canada

The benefit (cost savings) of extending the validity period from 5 to 10 years is estimated as the total number of ADBs issued in the last 5 years of the 10-year analysis period multiplied by the cost of issuing each booklet. The cost of issuing each booklet is estimated at $70 ($20 for the booklet and $50 for staff time needed to process the application and booklet). The total cost savings for Transport Canada would therefore be estimated at $2.47 million PV over the 10-year analysis period.

Therefore, the total cost savings estimate is $3.54 million PV over 10 years with a 7% discount rate or $0.50 million annualized.

As a result of the document’s security features, there is a low probability of fraudulent documents being produced. An ADB with a 10-year validity period will reduce the financial and administrative burden on the document holder and the government.

4. Reporting date for Annual Airworthiness Information Report

The changes to the reporting requirements for the AAIRs (section 501.03 of the CARs) eliminate administrative challenges experienced by the Department in processing the AAIRs and improve the Minister’s ability to pursue owners who do not report in a timely manner.

The inclusion of a specific date will allow Transport Canada to accurately track owners who have not filed their annual AAIR and to better assess the resources needed to process the AAIR. The ability to submit the AAIR on another date agreed on, beforehand, by the owner and the Minister will be retained.

Receiving 25 000 AAIRs throughout the year makes it challenging for Transport Canada to track and pursue non-reporting owners. AAIRs that are submitted at the end of a calendar year are often processed in the next reporting year. This results in Transport Canada processing AAIRs for two reporting years at the same time. In addition, it results in employees constantly stopping their other duties to review and process AAIRs. Receiving all AAIRs at the same time will allow employees to focus their efforts once per year on processing the AAIRs and will lead to a more efficient process.

5. Runway specifications for aerodromes

The amendment will result in the amendments outlining the original intent of the provision, which is to require stakeholder consultation for increasing an existing runway in excess of 100 m (rather than by 100 m) or by more than 10% of its overall length. This amendment corrects a minor error in the previous amendment and is consistent with the runway specifications that stakeholders were consulted on.

6. Minor amendments recommended by the SJCSR

The amendments will provide clarity, consistency between the various parts of the CARs and remove the risks associated with the English and French versions not aligning. These amendments will ensure that the CARs will be properly interpreted. These changes will have no impact or administrative costs to businesses or stakeholders.

7. Minor technical amendments

The amendments will provide clarity, consistency between the various parts of the regulations, and remove the risks associated with the English and French versions not aligning. These amendments will ensure that the CARs operate as expected. These changes will have no impact or administrative costs to businesses or stakeholders.

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