Regulations Amending the Canadian Aviation Regulations (Manuals): SOR/2019-295

Canada Gazette, Part II, Volume 153, Number 17

Registration
SOR/2019-295 August 8, 2019

AERONAUTICS ACT

P.C. 2019-1140 August 7, 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 (Manuals).

Regulations Amending the Canadian Aviation Regulations (Manuals)

Amendments

1 The reference “Subsection 302.305(4)” in column I of Subpart 2 of Part III of Schedule II to Subpart 3 of Part I of the Canadian Aviation Regulations ^{footnote 1} and the corresponding amounts in column II are repealed.

2 The reference “Subsection 305.53(3)” in column I of Subpart 5 of Part III of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are repealed.

3 The reference “Subsection 561.07(3)” in column I of Subpart 61 of Part V of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are repealed.

4 The references “Subsection 705.172(1)” and “Subsection 705.172(2)” in column I of Subpart 5 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are replaced by the following:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Section 705.172	1,000	5,000

5 The reference “Subsection 705.174(2)” in column I of Subpart 5 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are repealed.

6 (1) Subsection 302.305(1) of the Regulations is replaced by the following:

302.305 (1) The operator of an airport shall establish and maintain an airport wildlife management plan in accordance with section 322.305 of Standard 322 — Airports.

(2) Subsection 302.305(4) of the Regulations is repealed.

7 Subsection 302.503(2) of the Regulations is replaced by the following:

(2) The holder of an airport certificate shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up.

8 Section 305.03 of the Regulations is replaced by the following:

305.03 A person shall not operate a heliport referred to in subsection 305.02(1) unless a heliport certificate is issued in respect of the heliport.

9 Subsection 305.53(3) of the Regulations is repealed.

10 Subsection 561.07(3) of the Regulations is repealed.

11 Paragraph 573.03(1)(e) of the Regulations is replaced by the following:

• (e) ensure that the person responsible for maintenance performs the duties referred to in subsections 573.04(3) and 573.09(2) and (3);

12 Subsection 573.04(2) of the Regulations is repealed.

13 Paragraph 700.09(1)(d) of the Regulations is replaced by the following:

• (d) in the case of the holder of an air operator certificate issued under section 705.07, ensure that the operations manager performs the duties set out in subsection 705.03(2);

14 Subsection 704.33(4) of the Regulations is replaced by the following:

(4) An air operator shall not permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the requirements set out in

• (a) subsection 724.33(2) of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards, in the case of an aeroplane; or
• (b) subsection 724.33(2) of Standard 724 — Commuter Operations — Helicopters of the Commercial Air Service Standards, in the case of a helicopter.

15 Subsection 705.03(1) of the Regulations is repealed.

16 Subsection 705.40(3) of the Regulations is replaced by the following:

(3) An air operator shall not permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the requirements set out in subsection 725.40(2) of Standard 725 — Airline Operations - Aeroplanes of the Commercial Air Service Standards.

17 Subsection 705.152(2) of the Regulations is replaced by the following:

(2) The components specified in subsection (1) and the components of the safety management system that are required under section 107.03 shall be set out in

• (a) the company operations manual of the applicant for, or the holder of, an air operator certificate; and
• (b) the maintenance control manual (MCM) of the holder of an air operator certificate.

18 Section 705.172 of the Regulations is replaced by the following:

705.172 An applicant for an air operator certificate shall set out in the company operations manual and in their flight attendant manual the procedures established to prevent and manage incidents of interference with a crew member covering the topics set out in section 725.172 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards.

19 Subsections 705.174(1) and (2) of the Regulations are replaced by the following:

705.174 (1) An applicant for an air operator certificate shall set out in the company operations manual and in their flight attendant manual the procedures established to ensure that level 2, level 3 and level 4 incidents of interference with a crew member are reported to them and to allow for the reporting of a level 1 incident.

20 Subsection 805.03(2) of the Regulations is replaced by the following:

(2) The holder of an ATS operations certificate shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action.

Coming into Force

21 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Since February 26, 2009, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified a number of technical issues with the Canadian Aviation Regulations (CARs), related to manuals. The SJCSR has recommended that the CARs be amended to address these concerns and to bring them more in line with the enabling authorities under the Aeronautics Act.

Objectives

The amendments have the following objectives:

• to harmonize certain requirements in the CARs pertaining to manuals with the enabling authorities under the Aeronautics Act; and
• to eliminate any unnecessary duplication of text.

Description and rationale

These Regulations consist of amendments to various provisions in the CARs, which address three main areas of concern identified by the SJCSR:

1. Administrative monetary penalties imposed for non-compliance with certain requirements pertaining to manuals;
2. Time limits for determining non-compliance with certain provisions related to manuals; and
3. Discrepancies between similar provisions dealing with manuals that contain components of Safety Management Systems (SMS).

1. Administrative monetary penalties imposed for non-compliance with certain requirements pertaining to manuals.

Certain provisions in the CARs require compliance with manuals developed by regulated entities. A regulated entity may incur a fine of up to $25,000 for failing to adhere to, implement or comply with policies and procedures contained in these manuals. The SJCSR recommended that the CARs be amended because certain provisions enabled Transport Canada (TC) to impose fines on those who contravene the requirements of the manual as if they violated the CARs. This was not fully consistent with the enabling authorities under the Aeronautics Act.

The following 11 provisions have been amended or repealed to remove the requirement to follow policies and procedures contained in manuals. Where the requirement for compliance with the manual was specifically designated, that designation has also been repealed.

• Subsection 302.305(1) — This subsection has been amended to clarify that operators must establish and maintain an Airport Wildlife Management Plan.
• Subsection 302.305(4) — Repealed.
• Subsections 302.503(2) — This subsection has been amended to remove the reference to the airport operations manual while maintaining the obligation of the certificate holder to ensure distribution of quality assurance findings from SMS audits.
• Section 305.03 — This section has been amended to remove reference to the heliport operations manual. The prohibition against operating a heliport unless a heliport certificate has been issued in respect of that heliport is retained.
• Subsection 305.53(3) — Repealed.
• Subsection 561.07(3) — Repealed.
• Subsection 573.04(2) — Repealed.
• Subsection 704.33(3) — This subsection has been amended to remove reference to the company operations manual. Fuelling an aircraft under this provision is to be carried out in accordance with procedures that meet the Commercial Air Service Standards.
• Subsection 705.03(1) — Repealed.
• Subsection 705.40(3) — This provision has been amended to remove reference to the company operations manual. Fuelling an aircraft under this subsection is to be carried out in accordance with procedures that meet the Commercial Air Service Standards.
• Subsection 805.03(2) — The reference to the manual created under subsection 805.02(2) of the CARs by the Air Traffic Services (ATS) operations certificate holder in this subsection has been removed. The obligation of the ATS operations certificate holder to ensure distribution of, and corrective action is taken to address, findings from its quality assurance program remains.

2. Time limits for determining non-compliance with certain provisions related to manuals.

The SJCSR asked for clarification on the time limit for establishing procedures for preventing, managing and reporting unruly passenger behaviour. There was no time limit set by regulation for air operators to have these procedures in place and for TC to establish when violation occurred. The requirement to establish these procedures were introduced in 2009 and existing air operators had a grace period of up to 90 days to comply. Subsequently, it was not obvious in the CARs how long any new air operators had to establish these procedures as the grace period after the amendments were initially made was only relevant to air operators who already had certificates.

These Regulations amend sections 705.172 and 705.174 of the CARs to clarify that the requirement to establish unruly passenger management and reporting procedures is applicable at the time of application for an air operator certificate. Certificate holders must ensure procedures are in place and specified in their company operations manual and flight attendant manual.

3. Discrepancies between similar provisions dealing with manuals containing components of SMS.

There were discrepancies in some provisions specifying where the regulated entity must record the components of their SMS. For two similar provisions dealing with where an operator must set out components of SMS, subsection 705.152(2) omitted to specify that these components must be outlined in the operator’s manuals.

These Regulations amend subsection 705.152(2) to make it consistent with section 107.03 by clarifying that the components of the SMS must be set out in the company operations manual and maintenance control manual.

These Regulations come into force on the day on which they are registered.

“One-for-One” Rule and small business lens

The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden to business.

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

Contact

Chief
Regulations
Aviation Safety Regulatory Review (AARK)
Civil Aviation
Safety and Security Group
Transport Canada
Place de Ville, Tower C
330 Sparks Street
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