Regulations Amending the Canadian Aviation Regulations (Various Subjects): SOR/2020-253

Canada Gazette, Part II, Volume 154, Number 25

Registration
SOR/2020-253 November 23, 2020

AERONAUTICS ACT

P.C. 2020-911 November 20, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.9footnote a and paragraphs 7.6(1)(a)footnote b and (b)footnote c of the Aeronautics Actfootnote d, makes the annexed Regulations Amending the Canadian Aviation Regulations (Various Subjects).

Regulations Amending the Canadian Aviation Regulations (Various Subjects)

Amendments

1 Subsection 101.01(2) of the French version of the Canadian Aviation Regulationsfootnote 1 is replaced by the following:

(2) Sauf disposition contraire du présent règlement, toute mention d’une classification, norme, procédure ou autre spécification incorporée par renvoi constitue un renvoi à celle-ci avec ses modifications successives.

2 (1) Subpart 3 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Section 703.82”:

Column I

Designated Provision

Column II

Maximum Amount of Penalty ($)

Individual

Corporation

Section 703.85.1

1,000

5,000

Subsection 703.85.2(1)

1,000

5,000

Subsection 703.85.2(2)

3,000

15,000
(2) Subpart 4 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Section 704.84”:

Column I

Designated Provision

Column II

Maximum Amount of Penalty ($)

Individual

Corporation

Section 704.85

1,000

5,000

Subsection 704.86(1)

1,000

5,000

Subsection 704.86(2)

3,000

15,000
(3) The reference “Section 705.95” 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

Subsection 705.95(1)

1,000

5,000

Subsection 705.95(2)

3,000

15,000

3 (1) Subsection 602.11(1) of the Regulations is replaced by the following:

602.11 (1) In this section, critical surfaces means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surfaces of an aircraft, as well as any other surfaces identified as critical surfaces in the aircraft flight manual.

(2) Subsection 602.11(3) of the Regulations is replaced by the following:

(3) Despite subsection (2), a person may conduct a take-off in an aircraft that has frost caused by cold-soaked fuel adhering to the underside or upper side, or both, of its wings if the take-off is conducted in accordance with the aircraft manufacturer’s instructions for take-off under those conditions.

4 Subsection 602.62(4) of the Regulations is replaced by the following:

(4) Subject to subsection (5), for aircraft other than balloons, every life preserver, individual flotation device and personal flotation device referred to in this section shall be stowed in a position that is easily accessible to the person for whose use it is provided, when that person is seated.

(5) In cases where infant life preservers are carried on board an aircraft operated with flight attendants on board, the infant life preservers may be stowed in bulk in a location that is easily accessible to the flight attendants if

5 Section 604.116 of the Regulations is replaced by the following:

604.116 (1) No person shall operate an aircraft operated by a private operator, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1).

(2) No person shall operate an aircraft operated by a private operator on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains

(3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain

6 (1) The portion of subsection 604.117(1) of the Regulations before paragraph (b) is replaced by the following:

604.117 (1) No person shall conduct a take-off in an aircraft operated by a private operator that is configured as follows unless, for the purposes of paragraph 602.60(1)(h), the corresponding number of first aid kits is carried on board and each kit contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations:

(2) Paragraphs 604.117(1)(b) to (d) of the English version of the Regulations are replaced by the following:

7 Section 604.223 of the Regulations is amended by adding the following after subsection (1):

(1.1) Despite subsection (1), the demonstration of emergency evacuation procedures is not required if the private operator has

8 Paragraphs 605.42(1)(a) and (b) of the Regulations are replaced by the following:

9 Subsection 700.02(4) of the Regulations is replaced by the following:

(4) A person who holds a flight training unit operator certificate may conduct aerial work involving the carriage of persons other than flight crew members on board a single-engined aircraft if

10 (1) Subsection 701.25(1) of the Regulations is replaced by the following:

701.25 (1) In this section, critical surfaces means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surfaces of an aircraft, as well as any other surfaces identified as critical surfaces in the aircraft flight manual.

(2) Subsection 701.25(3) of the Regulations is replaced by the following:

(3) Despite subsection (2), a person may conduct a take-off in an aircraft that has frost caused by cold-soaked fuel adhering to the underside or upper side, or both, of its wings if the take-off is conducted in accordance with the aircraft manufacturer’s instructions for take-off under those conditions.

11 Paragraphs 703.71(1)(a) and (b) of the Regulations are replaced by the following:

12 Section 703.82 of the Regulations and the heading before it are replaced by the following:

Inspection Requirements

703.82 No air operator shall operate an aircraft unless the emergency equipment carried on board under Division II of Subpart 2 of Part VI and this Division is inspected at the intervals recommended by the equipment manufacturer.

13 The Regulations are amended by adding the following after the reference “[703.83 to 703.85 reserved]” after section 703.82:

First Aid Kits

703.85.1 No person shall conduct a take-off in an aircraft operated by an air operator unless the first aid kit carried on board in accordance with paragraph 602.60(1)(h) contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations.

Survival Equipment

703.85.2 (1) No air operator shall operate an aircraft, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1).

(2) No air operator shall operate an aircraft on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains

(3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain

14 Paragraphs 704.71(1)(a) and (b) of the Regulations are replaced by the following:

15 Paragraphs 704.71(2)(a) and (b) of the Regulations are replaced by the following:

16 Section 704.84 of the Regulations and the heading before it, and the reference “[704.85 to 704.105 reserved]” after section 704.84, are replaced by the following:

Inspection Requirements

704.84 No air operator shall operate an aircraft unless the emergency equipment carried on board under Division II of Subpart 2 of Part VI and this Division is inspected at the intervals recommended by the equipment manufacturer.

First Aid Kits

704.85 No person shall conduct a take-off in an aircraft operated by an air operator unless the first aid kit carried on board in accordance with paragraph 602.60(1)(h) contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations.

Survival Equipment

704.86 (1) No air operator shall operate an aircraft, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1).

(2) No air operator shall operate an aircraft on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains

(3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain

[704.87 to 704.105 reserved]

17 Paragraphs 705.84(1)(a) and (b) of the Regulations are replaced by the following:

18 Section 705.90 of the Regulations is replaced by the following:

705.90 (1) No person shall conduct a take-off in an aircraft operated by an air operator that is configured as follows unless, for the purposes of paragraph 602.60(1)(h), the corresponding number of first aid kits is carried on board and each kit contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations:

(2) No person shall conduct a take-off in an aircraft operated by an air operator unless

19 Sections 705.95 and 705.96 of the Regulations are replaced by the following:

705.95 (1) No air operator shall operate an aircraft, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1).

(2) No air operator shall operate an aircraft on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains

(3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain

Inspection Requirements

705.96 No air operator shall operate an aircraft unless the emergency equipment carried on board under Division II of Subpart 2 of Part VI and this Division is inspected at the intervals recommended by the equipment manufacturer.

20 Subsection 705.109(1) of the Regulations is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

21 Subparagraph 705.124(2)(b)(iv) of the Regulations is amended by striking out “and” at the end of clause (D), by adding “and” at the end of clause (C) and by repealing clause (E).

22 Section 705.204 of the Regulations is amended by adding the following after subsection (1):

(1.1) Despite subsection (1), the demonstration of emergency evacuation procedures is not required if the air operator has

Coming into Force

23 These Regulations come into force on 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.)

Executive summary

Issues: The Canadian Aviation Regulations (CARs) have not been comprehensively reviewed and amended since 1996, which has made it difficult, despite numerous ad hoc changes, for Transport Canada’s aviation safety program to keep pace with constant evolution in the aviation sector. Over the years, stakeholders have raised more than a thousand irritants during various consultations undertaken by the Department, some of which have been temporarily addressed with the use of global exemptions.

Description: As a first step towards bringing the CARs up to date as a result of continuous changes in the aviation industry, this regulatory initiative addresses non-controversial issues with the CARs, with little or no impact on stakeholders given that the issues are currently being addressed using exemptions, and addresses minor discrepancies between the English and French versions of the Regulations.

Rationale: These regulatory amendments are in line with the Government of Canada commitment in Budget 2018 to conduct targeted regulatory reviews starting with three initial high-growth sectors including transportation, with the focus on identifying and addressing regulatory irritants and bottlenecks to innovation, competitiveness, and economic growth. Codifying exemptions into the CARs will free up government resources currently being used to process exemptions. Due to the codification of these exemptions, the amendments will result in a present value total cost savings of approximately $239,000, with a total cost savings to the Government of approximately $42,000, and a total cost savings to industry of approximately $197,000.

Issues

The purpose of these amendments is to address non-controversial issues with the CARs, which have minimal or no impact on stakeholders and that respond to the needs and emerging priorities of the aviation industry. Therefore, the amendments will improve the clarity of the Regulations, aligning them with international partners where possible, and better reflect operational realities in the aviation industry, which are currently being addressed through the use of global exemptions. Global exemptions are generally used as a temporary fix to address issues with the Regulations; however, some of the current global exemptions have been reissued several times over the years. The amendments also address minor discrepancies between the English and French versions of the Regulations.

Background

Transport Canada received dedicated funding to undertake the Aviation Safety Regulatory Review Initiative, which focuses on a strategic modernization of the CARs. Transport Canada’s Regulatory Review Initiative is identified as one of five Transport Canada regulatory roadmaps to fulfill the Government of Canada’s Budget 2018 commitment. The review of the CARs aims to update and modernize the CARs so that they respond to the needs and emerging priorities of the aviation industry.

As part of the review, Transport Canada is examining unnecessary regulatory barriers that may impede the flow of goods and people. The Department is also examining sections of the Regulations that need to be more outcome-based and aligned with international standards, as well as less prescriptive. Regulatory amendments resulting from the Aviation Safety Regulatory Review Initiative are organized based on themes, and a number of regulatory submissions will be prepared in the coming years. For this particular regulatory submission, Transport Canada reviewed the global exemptions that it has issued over the years as temporary measures to address operational issues identified by industry.

The amendments in this regulatory submission support the overall objective of the regulatory roadmap by alleviating burden on the industry, harmonizing the regulatory framework with international best practices, and addressing current and future needs in the aviation sector by introducing greater clarity. These objectives are currently being achieved through the use of global exemptions, however, codifying these exemptions into regulations will provide stability as stakeholders who depend on them in order to carry out their business will no longer have to worry about the validity of the exemptions. Industry identified a need for clarity and certainty within the regulatory framework. This is also essential in meeting the overall objective of the Transportation Sector Regulatory Review Roadmap.

Exemptions

Subsection 5.9(2) of the Aeronautics Act (the Act) authorizes the Minister to grant exemptions from the application of any regulation (e.g. the CARs), order or security measure made under Part I of the Act, where the Minister is of the opinion that granting the exemption will be in the public interest and will not adversely affect aviation safety or security. In practice, an exemption is an authorization that permits the requester(s) to do something that is not in accordance with a regulation, order or security measure. To obtain an exemption, the person (or organization) seeking one must demonstrate to the Minister’s satisfaction that the exemption would be in the public interest and will not adversely affect aviation safety or security. For exemptions to the CARs, the Minister’s final decision to grant an exemption will depend on advice from Transport Canada subject matter experts based on a risk assessment to establish that granting the exemption is in the public’s interest and will not adversely affect aviation safety or security. In granting the exemption, the Minister may include any conditions that are necessary for the authorized activity to meet the public interest, safety and security requirements. Transport Canada can also issue global exemptions, which will allow all applicable air operators across the country to leverage them. The applicability, as well as specific conditions, is outlined in each exemption. Typically, as required by Transport Canada policy, exemptions have an expiry date, which can be defined as a specific date or a date on which a regulatory change that captures the purpose of the exemption is made. However, the Minister may at any time, in writing, cancel an exemption where, in his or her opinion, the exemption is no longer in the public interest or is likely to adversely affect aviation safety or security.

Over the years, Transport Canada issued a number of global exemptions as temporary measures to address operational issues identified in the Regulations as well as irritants raised by industry stakeholders.

Survival equipment

Sections 703.82, 704.84, and 705.95 of the CARs require commercial air operators to carry emergency equipment on board aircraft in accordance with the Commercial Air Service Standards (CASS). Section 604.116 outlines the requirements for private operators.

More specifically, private operators are required to carry the following list of equipment as well as a survival equipment manual that contains information about how to survive on the ground and how to use the survival equipment that is carried on board:

The list of items for commercial operators is similar, but contains a few additional items such as a raft knife, an inflation pump, and a dye marker.

Following publication of the CARs in 1996, air operators identified several concerns regarding the new survival equipment requirements and how they could comply with these Regulations. At the time, it was determined that a survival equipment working group would be established to consider all associated issues and concerns. This working group was to be a joint effort of both the Part VI and Part VII Technical Committees of the Canadian Aviation Regulation Advisory Committee (CARAC).

In 1997, Transport Canada issued a one-year global exemption from the new requirements so that the working group could assess the issues and concerns raised by industry. In response to concerns that the additional equipment would not fit into life raft survival kits, the exemption further authorized air operators to carry equipment that could not be contained in those kits in a separate supplemental survival kit, not attached to the life raft.

The working group identified a number of hazards and risks, and developed strategies for mitigating those risks with respect to the list of issues submitted by stakeholders. As a result of this work, recommendations were made to update the list of items required on board aircraft flying over water.

More specifically, they recommended that the list should be amended to

Based on the mitigating strategies developed, the survival equipment working group determined that the reference to radar reflector should not be included. The Department of National Defence (DND) also does not require this item to be carried on their aircraft. Survival experts determined, based on the hazards and risks scenarios, that the fishing kit should also be removed as it is considered dangerous in an inflated rubber raft.

The working group also determined that a supply of potable water — based on 500 millilitres (ml) per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 ml of potable water per person at the rated capacity of the life raft is sufficient in emergency situations. When the CARs were introduced in 1996, the amount of water required was increased to a two-day supply (i.e. 500 ml per day). However, the working group determined that 500 ml was sufficient given that it is safe to withhold water consumption for the first 24 hours. This would cause mild dehydration without impairing performance significantly.

These items were dealt with in a global exemption that has been consistently reissued over the years. However, the exemption was only applicable to Subpart 705 operations (e.g. major airline operators); the exemption was not applied to Subpart 604 (e.g. private operators), Subpart 703 (e.g. air taxi operators), and Subpart 704 (e.g. commuter flight operators) operations.

Subsection 604.116(1) requires that a survival manual be carried on board that contains information about how to survive on the ground and how to use the survival equipment. Paragraph 604.116(2)(g) also requires a waterproof survival manual that contains information about how to survive at sea. The same requirements are also in the CASS for commercial operations. A review of these requirements by the enforcement and cabin safety experts determined that it would be difficult to enforce as they leave too much room for interpretation in terms of what is considered acceptable information related to survival at sea and on the ground. It was therefore recommended to only require that the manual contain information on how to use the survival equipment. This issue has not been addressed in an exemption.

Finally, the CASS are meant to complement the Regulations by outlining how an operator can meet the regulatory requirements in the CARs. As such, any requirement that represents a rule of conduct must be outlined in the CARs, and not the CASS. Monetary penalties can only be imposed for non-compliance with the CARs.

Over the years, the Department of Justice pointed out that many of the current requirements in the CASS represent a rule of conduct should therefore be transferred to the CARs. In 2005, the survival equipment requirements for private operators were moved from the CASS to the CARs as part of a regulatory submission pertaining to subpart 604 operators. However, such change was never done for Subparts 703, 704, and 705 operators.

First aid kits

Sections 703.82, 704.84, and 705.90 of the CARs state that no operator shall operate the aircraft unless the emergency equipment carried on board the aircraft meets the requirements set out in the CASS, and is inspected regularly in accordance with the inspection schedule set out in the air operator’s company operations manual. These requirements are outlined in subsection 723.82(2), subsection 724.84(3), and section 725.90 of the CASS.

With respect to first aid kits, the CASS incorporate by reference the list of items set out in what was previously Schedule II of Part X of the Aviation Occupational Health and Safety Regulations (AOHSRs). The requirements for private operators (Subpart 604 operations) are outlined directly in the CARs, and only make reference to the AOHSRs as a whole rather than any specific section(s) of the AOHSRs. The requirements were originally outlined in the CASS, but were transferred to the CARs as part of a previous regulatory submission pertaining to Subpart 604 operations.

The AOHSRs set standards for federally regulated employers in the aviation sector to protect the health and safety of employees (e.g. pilots and flight attendants) while taking account of the particular characteristics of the aircraft as a workplace. Employees to whom the AOHSRs apply are protected under the Canadian Occupational Health and Safety Regulations (COHSRs) when they are not on board aircraft.

On March 25, 2011, the previous Aviation Occupational Safety and Health Regulations (AOSHRs) [SOR/87-182] were repealed and replaced by the current AOHSRs (SOR/2011-87) in order to enhance consistency with the COHSRs. The result of these changes was a reorganization of the regulatory structure, moving first aid kit requirements from Part X of the previous AOSHRs (SOR/87-182) to Part 9 under the AOHSRs (SOR/2011-87).The reorganization of the AOSHRs’ structure resulted in the current CASS referencing a section of the AOSHRs that has been repealed.

In addition, given that this requirement represents a rule of conduct, it must be outlined in the CARs rather than in the CASS, similar to what has been done for Subpart 604 operators. The requirements should not make reference to a specific section of the AOHSRs so any potential future restructuration of the AOHSRs would not result in a need to amend the CARs.

Transport Canada has issued four global exemptions since 2011 until this issue could be addressed in a regulatory amendment.

In addition, the language pertaining to the inspection of the emergency kits lacks clarity as it currently requires the operators to inspect the emergency kits regularly in accordance with the inspection schedule set out in the air operator’s company operations manual. This language is ambiguous and could create confusion as to what is considered “regularly.”

Finally, subsection 604.117(1) indicates that “[d]espite paragraph 602.60(1)(h), no person shall conduct a take-off in an aircraft operated by a private operator that is configured as follows unless the corresponding number of first aid kits is carried on board, and each kit contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations.” The word “despite” is misleading; the provision should say, “in accordance with paragraph 602.60(1)(h).”

First aid training for flight attendants

Section 705.109 of the CARs sets out the qualification requirements for flight attendants. The CARs require air operators to establish and maintain a training program that ensures that each person who receives training acquires the competence to perform the person’s assigned duties. Aviation first aid training is a mandatory component of a flight attendant training program.

Air operators must also meet the requirements of the AOHSRs. The new AOHSRs, which came into force on March 25, 2011, required that aviation first aid training programs be developed by an accepted agency or first aid organization. An accepted agency or first aid organization is one that has been approved by the Minister of Labour (Employment and Social Development Canada [ESDC] Labour Program).

As a result, air operators are in a situation where they have to develop and maintain two aviation first aid training programs, one for the Minister of Transport pursuant to the CARs, and one for the Minister of Labour pursuant to the AOHSRs. This duplication results in an increased and unnecessary burden on air operators.

After completing a review of its programs in the fall of 2012, the ESDC Labour Program proposed to remove the requirement for organizations to seek the Minister of Labour’s approval to deliver first aid courses. With the amendments to the AOHSRs, which came into force on December 7, 2012, the onus is on the employer to ensure that a first aid training course is given by a qualified person who holds a valid certification from an approved organization attesting that they are competent to deliver first aid training.

In December 2011, Transport Canada issued a global exemption permitting Subpart 705 Canadian air operators to exclude a first aid section from their flight attendant training program and flight attendant manual and, in turn, comply with Part 9 – First Aid of the AOHSRs. Since 2011, four exemptions have been issued to address the issue of duplicative requirements under the CARs and the AOHSRs.

Stowage of infant life preservers

Subsection 602.62(4) of the CARs requires life preservers to be stowed in a position that is easily accessible to the person for whose use it is provided when that person is seated. This requirement was designed to ensure that life preservers would not be stored in cargo compartments or other areas of the aircraft that were not easily accessible.

Prior to the CARs implementation, an aircraft operating with flight attendants required infant life preservers to be easily accessible to the flight attendant, as opposed to the person for whose use it is intended. An unanticipated consequence of the requirement in subsection 602.62(4) was the elimination of the practice of stowing infant life preservers in a bulk stowage location on board aircraft operating with flight attendants.

Compliance with subsection 602.62(4) requires air operators to distribute infant life preservers to the adult responsible for the infant prior to every take-off. This can result in theft and damage to those life preservers. As well, this practice does not ensure stowage of the life preserver within easy reach of the adult responsible for an infant, in accordance with subsection 602.62(4), unless the operator modifies its aircraft cabin to accommodate these additional life preservers. Such modifications would be costly.

Subpart 705 air operators operating with flight attendants proposed that the stowage of life preservers for infants be located in a bulk location on the aircraft where flight attendants can easily access and distribute these life preservers to the adult(s) responsible for the infant(s) during the preparation steps for a ditching. This type of emergency would normally provide time for the flight attendant(s) to prepare the cabin and distribute life preservers to the infant(s).

A global exemption was issued in 1998 allowing commercial operators with flight attendant(s) to stow the infant life preservers in a location easily accessible to the flight attendant(s). Subsequently, the exemption was reissued four more times with the latest one issued in 2006 with no expiry to its validity as the policy respecting this issue was decided and put in place via the means of an exemption until the Regulations were amended.

Terrain Awareness Warning Systems

Terrain Awareness Warning Systems (TAWS) equipment provides aural and visual alerts (both cautions and warnings) to flight crews when the path of the aircraft is predicted to collide with terrain (and obstacles in some systems), so that flight crews can take evasive action. The CARs require one of two classes of TAWS equipment, depending on the aeroplane seating configuration and type of operation. The regulations and standards include a provision stating that the TAWS equipment must provide adequate warnings in common Canadian operating conditions of low temperatures and barometric pressures.

Class B TAWS meeting the design requirements of CAN-TSO-C151a, or later revisions, is the minimum acceptable standard of TAWS equipment for Subpart 703 of the CARs, which includes aeroplanes used in Air Taxi Operations configured with 6 or more seats excluding any pilot seats; and, Subpart 704 of the CARs, which includes aeroplanes used in Commuter Operations with 6 to 9 seats excluding pilot seats. Class B TAWS is the minimum standard of TAWS under Subpart 605 of the CARs for turbine-powered aeroplanes configured with 6 or more seats excluding pilot seats.

Class A TAWS is also satisfactory for these aeroplanes. Class A TAWS meeting design requirements of CAN-TSO-C151a, or later revisions, and a Terrain Awareness Display, is required for Subpart 704, aeroplanes used in Commuter Operations configured with 10 or more seats excluding pilot seats and for all Subpart 705, aeroplanes.

Paragraphs 605.42(1)(a), 703.71(1)(a), 704.71(1)(a), 704.71(2)(a), and 705.84(1)(a) of the CARs were amended in 2012 to require operators to be equipped with the appropriate class of TAWS that meets the Canadian Technical Standard Order (CAN-TSO-C151b). Operators were given two years to equip their aircraft with the appropriate TAWS as identified in the Regulations.

The CARs as published, inadvertently failed to recognize TAWS meeting CAN-TSO-C151a. This discrepancy was noted shortly after the publication of the amendment in 2012. To address this issue, Transport Canada issued an exemption in July 2014 authorizing Canadian operators to operate aeroplanes equipped with Class A or Class B TAWS that meet CAN-TSO-C151a requirements, or subsequent revisions (CAN-TSO-C151b is a subsequent revision of CAN-TSO-C151a). A second exemption was issued in 2019 following the expiration of the one issued in 2014.

TAWS CAN-TSO-C151a and TAWS CAN-TSO-C151b are equivalent standards; the difference lies in the type of operations they are intended to serve. Both classes of TAWS have the terrain look-ahead function, called Forward Looking Terrain Avoidance, and the unsafe terrain clearance function, called Premature Descent Algorithm, in addition to the basic Ground Proximity Warning System (GPWS) functions.

In addition, when the amendments were introduced in 2012, a provision stated that it is “effective on the day that is five years after the day on which this section comes into force.” Given that it has been more than five years, this part of the Regulations is no longer necessary and is being removed.

Aircraft de-icing

Subsections 602.11(1) and 701.25(1) of the CARs defines critical surface as the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surface of an aircraft and, in the case of an aircraft that has rear-mounted engines, the upper surface of its fuselage. Subsections 602.11(2) and 701.25(2) prohibit a person from conducting or attempting to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces.

Since the early 2000s, commercial operators of aircraft with rear-mounted engines such as the Bombardier CRJ200 have advised Transport Canada about potential issues that arise out of treating the Upper Fuselage (UF) of aircraft with rear-mounted engines with aircraft Anti-icing Fluid (AAF). Industry has sought relief from the enforcement of the definition of critical surfaces under subsections 602.11(1) and 701.25(1) and overall, the interpretation of UF as a critical surface. A key argument is that treating the UF with AAF goes against what is outlined in the aircraft flight manual (AFM).

Typically, when aircraft critical surfaces are covered with snow, frost or ice, de-icing of the aircraft is required to remove this contamination after which AAF is applied to provide protection in the event of ongoing precipitation. A negative consequence of this practice for aircraft with rear-mounted engines has been Auxiliary Power Unit (APU) removal/damage due to fluid ingestion during the take-off run as well as documented incidents of anti-icing fumes in the cabin leading to significant safety concerns. Since 2003, four global exemptions have been issued to address this issue.

In the United States (U.S.), Part 121.629 of the U.S. Code of Federal Regulations is the operational rule equivalent to sections 602.11 and 701.25 of the CARs. The rule lists critical surfaces; however, it does not explicitly list UF, but rather includes “other critical surfaces.” In this context, aircraft manufacturers may designate (through their AFM) other critical surfaces. The operator would follow appropriate winter operation procedures as outlined in the AFM.

The European air regulations, which is in force in all 28 European Union countries, as well as Switzerland, Liechtenstein, Norway and Iceland, is even less prescriptive than those of Canada and the United States. No sections of the aircraft are identified as critical surfaces in regulations; all critical surfaces are identified by the manufacturer in the AFM. This puts the onus of identifying critical surfaces on the aircraft manufacturer.

The definition of critical surface is not the only issue raised by stakeholders when it comes to aircraft de-icing. Subsections 602.11(3) and 701.25(3) of the CARs indicate that a person may conduct a take-off in an aircraft that has frost adhering to the underside of its wings that is caused by cold-soaked fuel frost (CSFF), if the take-off is conducted in accordance with the AFM for take-off under those conditions.

The CARs currently prohibit aircraft from taking off with CSFF on the upper wing surface. However, the Boeing Aircraft Company through the Federal Aviation Administration (FAA) has obtained certification for the Boeing 737-NG aircraft to operate with specific amounts of CSFF on the upper surface of the wing.

In June of 2004, a Canadian commercial operator submitted a request to be exempted from subsection 602.11(2) of the CARs when operating the Boeing 737-700 in accordance with Boeing’s instructions for take-off with CSFF on the upper surface of the wing.

Following the assessment of the exemption request made by the operator, Transport Canada concluded that a global exemption should be issued in case other operators were facing the same issue. Since 2004, eight global exemptions have been issued to address this issue.

Demonstration of emergency evacuation procedures

Subsection 705.204(1) of the CARs requires air operators who decide to introduce a model of aeroplane into its fleet for the purpose of carrying passengers to carry out a successful demonstration of its emergency evacuation procedures for that model.

The CARs do not provide any flexibility if an air operator introduces a new model that has the same configuration (i.e. same number, location, and type of emergency exists and opening mechanisms) as another model for which a successful demonstration has already been conducted. For example, the Boeing 737-700 and Boeing 737-800 models often have the same configurations, but currently require two demonstrations of emergency evacuation procedures. There is no provision for relief from the requirement for an individual air operator to conduct multiple demonstrations on different models of aeroplane even though specific safety criteria (i.e. configurations) are the same.

The United States regulations do not require air operators to conduct multiple demonstrations of emergency evacuation procedures. For example, the Boeing 737-824 has multiple aircraft with various seating capacity, but given that the configuration is the same, and the same number of flight attendants is required, only one demonstration was required.

Table 1: A demonstration for the Boeing 737-824

Aeroplane Seat capacity Number of flight attendants
B-737-824 152 4
B-737-824 155 4
B-737-824 160 4

In this example, only a single demonstration was conducted for the Boeing 737-824 using four flight attendants. This is the minimum number of flight attendants required for a passenger seating configuration of between 151 and 200 seats.

Once a successful demonstration has been conducted, a subsequent demonstration is required only if there is a change to the number, location, or emergency evacuation duties or procedures of flight attendants who are required or if there is a change to the number, location, type of emergency exits, or type of opening mechanism on emergency exits available for evacuation.

A global exemption was issued in 2017 to provide relief from the requirement for an individual air operator to conduct multiple demonstrations on different models of aeroplane with the same configuration if a successful demonstration has already been completed. Had this exemption not been issued, the regulations would have imposed a significant financial burden on Canadian air operators by requiring them to conduct unnecessary emergency evacuation demonstrations.

Flight training unit instructor conducting sightseeing operations

Subsection 700.02(1) of the CARs sets out a general prohibition that prevents an operator from operating an air transport service unless the person holds and complies with the provisions of an Air Operator Certificate (AOC).

Subsection 700.02(4) permits persons who do not hold an AOC to conduct flights for the purpose of sightseeing operations if they hold a Flight Training Unit Operator Certificate (FTUOC). The way this section is currently worded could be interpreted as prohibiting dual certificate holders (i.e. FTUOC and AOC) from operating a sightseeing flight while permitting those who only hold a FTUOC to conduct the same flight. For clarity and certainty, because such an interpretation was not intended, a global exemption was issued in 2018 to allow dual certificate holders to operate sightseeing flights.

Discrepancy between English and French versions

Subsection 101.01(2) of the CARs states the following: “Unless otherwise indicated in these Regulations, any reference to a classification, standard, procedure or other specification that is incorporated by reference is a reference to that classification, standard, procedure or specification as amended from time to time.”

The French version of the Regulations was not translated correctly. Currently “as amended from time to time” is translated as “dans son état premier ou modifié.” The correct translation is “avec ses modifications successives.”

The Official Languages Act, which came into force in 1969, gives English and French equal status in the government of Canada and represents the legislative keystone of Canada’s official bilingualism. It provides, among other things, that Parliament will enact, print and publish laws in both official languages, thereby ensuring that both versions will be of equal legal authority. This requirement equally applies to the CARs. It is, therefore, necessary to ensure consistency between the English and French versions.

No exemption was issued to address this issue; however, a regulatory amendment is required to correct the discrepancy.

Objective

The objectives of the Regulations Amending the Canadian Aviation Regulations (Various Subjects) are to

Description

As a first step towards modernizing the CARs, this regulatory initiative addresses non-complex, non-controversial issues from a list of issues identified by stakeholders. The amendments codify global exemptions (i.e. exemptions that apply to all persons who would otherwise be subject to the requirement rather than a single individual) into regulatory text, clarify regulatory text, enhance alignment with international partners, and correct an inconsistency between the French and English versions of the CARs.

Survival equipment

The regulatory amendments outline all of the requirements related to survival equipment in the CARs, as opposed to having some of them listed in the CARs (Subpart 604), and some in the CASS (Subparts 703, 704, and 705). The amendments also update the list of items that must be carried in a survival kit to reflect the recommendations of the survival equipment working group, and also align with the global exemptions that have been issued over the years. More specifically, the list is being amended to

In addition, for clarity and enforceability purposes, the requirement that the manual contain information on how to survive on the ground or at sea is being removed. Transport Canada is only requiring that the manual contain information on how to use the survival equipment, which is already required by the existing Regulations.

To align with the current provisions in the exemption, amendments are being made to subsection 705.95(3) to permit the carriage of the supply of potable water as well as the motion sickness pills in a supplemental survival kit to facilitate replacement of the medication upon expiry.

While the current global exemption is only for Subpart 705 air operators, the amendments will apply to private operators, as well as Subpart 703 and 704 air operators for consistency. This amendment is not introducing any new requirements for the industry. In fact, it will generate some savings to new operators, as they won’t be required to purchase a radar reflector or a fishing kit.

Monetary penalties for non-compliance are already in place for private operators (Subpart 604). For consistency and fairness, the same monetary penalties will also be applicable to commercial operators (Subparts 703, 704, and 705 air operators).

First aid kits

Section 703.84 – First Aid Kits and 704.85 – First Aid Kits are being added to the CARs, and the following subsection and sections of the CARs are being amended:

Given that the first aid kit requirements represent a rule of conduct, the reference to the AOHSRs for Subpart 703 and Subpart 704 operations is being moved from the CASS to the CARs. In addition, the provisions for commercial operations are being amended to remove the reference to a specific section of the AOHSRs so any potential future restructuration of the AOHSRs would not result in a need to amend the CARs. This will align the regulatory text with subsection 604.117(1) of the CARs, which only makes reference to the AOHSRs as a whole. In addition, given that the requirements represent a rule of conduct, the reference to the AOHSRs for commercial operations is being moved from the CASS to the CARs.

To address the potential confusion related to the requirement of “regularly” inspecting the emergency equipment, which includes the first aid kits, the regulatory provisions are being amended to indicate that inspections must be conducted at the intervals recommended by the equipment manufacturer.

Finally, subsection 604.117(1) is being revised to clarify that the requirements outlined in this section are “for the purposes of paragraph 602.60(1)(h),” and not “despite” this paragraph.

First aid training for flight attendants

The amendments are removing the duplication with respect to the requirements for first aid training for flight attendants. Section 705.109 of the CARs is being amended to require that flight attendants be certified in first aid in accordance with the AOHSRs. In addition, the amendments will remove the requirement from clause 705.124(2)(b)(iv)(E) for air operators to include first aid as part of the air operator’s training program for flight attendants, as this requirement is duplicative. These changes align with a performance-based approach to regulation, whereby the amendment will require flight attendants to be certified in first aid rather than prescribing the entire training.

Concurrently, revisions to the Flight Attendant Manual Standard and the Flight Attendant Training Standard are being made to align with the AOHSRs by deleting references to aviation first aid training from the Flight Attendant Training Standard and by moving information related to first aid from Part A to Part B of the Flight Attendant Manual Standard.

Stowage of infant life preservers

The amendment provides air operators with the option to stow infant life preservers on board their aircraft in a location that is easily accessible to the flight attendant when they are on board rather than requiring that they be stowed in a location easily accessible to the people for whose use they are provided. This amendment is necessary because aircraft configuration cannot accommodate the current regulatory requirement.

Given that this amendment aligns with existing practices permitted by the current global exemption, there will be no incremental change to aviation safety. The distribution of infant life preservers will be incorporated in the flight attendant procedures when preparing for ditching.

Terrain Awareness Warning Systems (TAWS)

Paragraphs 605.42(1)(a), 703.71(1)(a), 704.71(1)(a), 704.71(2)(a), and 705.84(1)(a) of the CARs are being amended to clarify that operators are required to be equipped with the appropriate class of TAWS that meets CAN-TSO-C151a, or a more recent version.

In addition, Transport Canada is also amending paragraphs 605.42(1)(b), 703.71(1)(b), 704.71(1)(b), 704.71(2)(b), and 705.84(1)(b) by removing the words “effective on the day that is five years after the day on which this section comes into force,” since those sections have been in force for over five years.

Aircraft de-icing

Subsection 602.11(1) is being amended to indicate that, in addition to the surfaces listed in the Regulations, any other critical surface identified in the aircraft flight manual should be considered a critical surface. It is also being amended to remove the upper surface fuselage as a critical surface for aircraft with rear-mounted engines as, in some cases, treating this part as a critical surface (e.g. during de-icing) has led to auxiliary power unit damage due to fluid ingestion.

Subsections 602.11(3) and 701.25(3) are being amended to permit a person to take-off with CSFF on the upper side of the wings, if the take-off is conducted in accordance with the aircraft manufacturers’ instructions outlined in the AFM for take-off under those conditions.

These amendments will ensure that aircraft manufacturers retain their lead roles in the advisory of safe operation of their aircraft. These amendments also align Canada’s practices with those of the U.S. and the European Union.

Demonstration of emergency evacuation procedures

Amendments are being made to section 705.204 to indicate that despite subsection 705.204(1), an air operator may introduce a model of aeroplane into its fleet without having to conduct an emergency evacuation demonstration if a successful demonstration has already been conducted for an aeroplane with the same configurations. For consistency, the same amendments are being made to section 604.223 for private operators.

As required in the current global exemption, air operators will need to conduct a comparative analysis to ensure that there is no difference between the model of aeroplane with respect to the location of the flights attendants and their emergency evacuation duties and procedures, the number, location or type of emergency exits, and the number, location or type of opening mechanisms for the emergency exits.

This amendment aligns with a performance-based approach to regulation whereby if an operator already conducted a successful demonstration of evacuation procedures on one aircraft, it fulfilled the intention of the Regulations. Requiring a demonstration for each aircraft, even when they all have the same configuration, is unnecessary.

Flight training unit instructor conducting sightseeing operations

Amendments are being made to subsection 700.02(4) to clarify that persons holding both a FTUOC and an AOC are not excluded from conducting sightseeing operations. As a result, anyone who holds a FTUOC may conduct aerial work involving the carriage of persons other than flight crew members on board a single-engine aircraft if the person meets the following conditions:

Discrepancy between English and French versions

The French version of subsection 101.01(2) of the CARs is being amended by replacing “dans son état premier ou modifié” with “avec ses modifications successives” to better reflect the English phrase “as amended from time to time.”

Regulatory development

Consultation

Transport Canada has launched a carefully considered transformation strategy that will modernize the way it delivers its programs and services to better serve Canadians. Regulatory modernization is one of the five signature pillars of Transport Canada’s transformation strategy and includes the Aviation Safety Regulatory Review Initiative.

The Aviation Safety Regulatory Review Initiative is reviewing and modernizing the CARs and its associated standards with a focus on more than a thousand irritants identified over the years. These irritants were identified through numerous sources, including internal consultations carried out by Transport Canada Civil Aviation in 2015–2016; a 2013 national consultation conducted by the former Minister of State; recommendations of the 2016 David Emerson report; as well as irritants identified by stakeholders through an ongoing consultation initiative (Let’s Talk). The review is also leveraging Government of Canada’s 2018 budget commitment to undertake a regulatory review across several departments and agencies in support of innovation and business investment.

For this particular regulatory package, the Department reviewed the global exemptions that have been issued over the years by Transport Canada as a temporary measure to address operational issues identified by industry. By codifying these exemptions into regulations, this initiative is providing stability as stakeholders who depend on them in order to carry out their business will no longer have to worry about the validity of the exemptions. The codification of these long-standing exemptions is also part of the modernization objective to reduce reliance on exemptions and update the CARs.

On March 4, 2020, several Notices of Proposed Amendments (NPAs),footnote 3 which included the changes included in this regulatory initiative, were distributed via the CARAC Activity Reporting System.footnote 4 The NPAs informed all stakeholders registered in the system that Transport Canada was seeking feedback on the proposed changes listed above.footnote 5 The NPAs sought feedback from stakeholders over a 30-day period on the proposed changes. Given the current situation with COVID-19, an additional 30-day period was provided for industry stakeholders to provide comments.

Feedback on the amendments included in this initiative was received from a number of stakeholders, including the National Airlines Council of Canada, the Air Line Pilot Association, Jazz Aviation LP, and NAV CANADA. Industry expressed support for the amendments and submitted a few editorial changes for consideration. All proposed changes related to wording in the Regulations were incorporated, except one: a stakeholder suggested removing the motion sickness pill from the survival equipment list. As this change would require a more in-depth impact analysis, it has not been included in this regulatory initiative.

Given that industry is supportive and that the amendments aim to address low complexity, non-controversial issues, no additional consultations were undertaken.

The amendments were not prepublished in Canada Gazette, Part I, as they are non-controversial, permissive, and do not change the way stakeholders carry out their business activities given the existing long-standing exemptions. Additionally, the amendments do not generate incremental costs to stakeholders.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, analysis was undertaken to determine whether the Regulations are likely to give rise to modern treaty obligations. This assessment examined the geographic scope and subject matter of the regulatory initiative in relation to modern treaties in effect and no modern treaty obligations were identified.

Instrument choice

Amending the Regulations

Subsection 5.9(2) of the Aeronautics Act authorizes the Minister to grant exemptions from the application of any regulations where the Minister is of the opinion that granting the exemption will be in the public interest and will not adversely affect aviation safety or security.

Exemptions can be issued to persons or air operators on an individual basis following a rigorous risk assessment. Transport Canada can also issue global exemptions (i.e. applicable to everyone) as a temporary fix to address regulatory issues. However, the use of exemptions cannot replace the formal regulatory process.

Over the years, 35 exemptions have been issued to address a number of regulatory issues. Codifying these exemptions into regulation will provide clarity, certainty and consistency for stakeholders. For example, stakeholders who depend on these exemptions in order to carry out their business will no longer have to worry about the validity of the exemption. Likewise, Transport Canada can dedicate its resources away from reviewing and updating exemptions to other aviation safety priorities.

Regulatory analysis

The amendments would result in a total cost savings of $239,000, with cost savings to the Government of Canada of approximately $42,000, and to industry of approximately $197,000 in present value (2019 Canadian dollars, 7% discount rate and discounting to 2020).

The costs and benefits for the amendments have been assessed in accordance with the Treasury Board Secretariat (TBS) Canadian Cost-Benefit Analysis Guide (PDF). Where possible, impacts are quantified and monetized, with only the direct costs and benefits for stakeholders being considered in the cost-benefit analysis.

This cost-benefit analysis considers the benefits and costs of the regulatory changes (the regulatory scenario) compared to a world in which these changes did not occur (the baseline scenario). Further details on these two scenarios are presented below.

Baseline and regulatory scenarios

In the baseline scenario, there are nine global exemptions addressing the irritants laid out in the above issue and description sections, some of which were originally issued more than 20 years ago. These global exemptions have a five-year validity period, except for the global exemption from the requirement of subsection 602.62(4) [related to the stowage of infant life preservers].footnote 6 Transport Canada has reviewed and reissued these exemptions numerous times and would continue to reissue them. In addition, the global exemption related to survival equipment would only be applicable to Subpart 705 air operators.

Under the regulatory scenario, the global exemptions would be codified into the proposed amendments, which would end the need to review and reissue them. Furthermore, the global exemption related to survival equipment would be extended to private operators, and Subparts 703 and 704 air operators.

Table 2 below presents the exemptions under both the baseline and regulatory scenarios. Table 3 demonstrates the number of exemptions that will no longer be reissued under the amendments between 2020 and 2029.

Table 2: Exemptions under the baseline and regulatory scenarios

Exemption

Baseline scenario

Regulatory scenario

Over water survival equipment requirements

The purpose of this exemption is to allow Canadian air operators operating under Subpart 705 of the CARs, to be exempted from the requirement to carry the additional equipment listed in paragraphs 725.95(2)(b) [radar reflector], (k) [two day potable water supply] and (l) [fishing kit] of the CASS.

The amendments would codify these global exemptions into regulations, and Transport Canada would no longer need to reissue these exemptions, as well as expand to private operators and Subparts 703 and 704 operators.

First aid kit requirements

The purpose of this exemption is to allow Canadian air operators operating under Subpart 703, 704, or 705 of the CARs, to carry first aid kits on board the aircraft that contain the supplies and equipment set out in Part 9 of the Aviation Occupational Health and Safety Regulations (SOR/2011-87) rather than Part X of the Aviation Occupational Safety and Health Regulations (SOR/87-182) [repealed by SOR/2011-87].

The amendments would codify these global exemptions into regulations, and Transport Canada would no longer need to reissue these exemptions.

First aid training requirement for flight attendants

The purpose of this exemption is to allow a Canadian air operator operating under Subpart 5 of Part VII of the CARs to exclude first aid training from its flight attendant training program and a first aid section from its flight attendant manual.

The amendments would codify these global exemptions into regulations, and Transport Canada would no longer need to reissue these exemptions.

Infant life preserver stowage

The purpose of this exemption is to allow Canadian operators with one or more flight attendants to stow infant life preservers in a bulk stowage location that is easily accessible to the flight attendant(s). The flight attendant(s) will provide an infant life preserver to each person responsible for an infant when preparing for a ditching.

The amendments would codify these global exemptions into regulations, and Transport Canada would no longer need to reissue these exemptions.

TAWS discrepancies

This exemption authorizes the operation of aeroplanes equipped with Class A or Class B TAWS equipment that meet CAN-TSO-C151a requirements, or subsequent revisions, as required by the CARs.

The amendments would codify these global exemptions into regulations, and Transport Canada would no longer need to reissue these exemptions.

Contamination on upper fuselage due to anti-icing fluid

The purpose of this exemption is to allow persons to conduct a take-off or attempt to conduct a take-off in an aircraft that has rear-mounted engines with contamination such as snow, ice or frost on the upper fuselage of the aircraft, only in accordance with the aircraft manufacturer’s instructions for take-off when those conditions exist.

The amendments would codify these global exemptions into regulations, and Transport Canada would no longer need to reissue these exemptions.

Allowance of take-off with cold-soaked fuel on wings

This exemption authorizes persons in Canada operating aircraft certified by Transport Canada to conduct take-offs with Cold Soaked Fuel Frost on the upper wing surfaces.

The amendments would codify these global exemptions into regulations, and Transport Canada would no longer need to reissue these exemptions.

Demonstration of emergency evacuation procedures

The purpose of this exemption is to allow a Canadian air operator to introduce a model of aeroplane into its fleet for the purpose of carrying passengers without having to carry out a successful demonstration of its emergency evacuation procedures for that model of aeroplane when a successful demonstration has already been conducted for another model of aeroplane by the Canadian air operator.

The amendments would codify these global exemptions into regulations, and Transport Canada would no longer need to reissue these exemptions.

Sightseeing operations by dual certificate holders

The purpose of this exemption is to clarify the intent of the Regulations, which is to permit dual certificate holders (i.e. flight training unit operator certificate and air operator certificate) to conduct sightseeing operations.

The amendments would codify these global exemptions into regulations, and Transport Canada would no longer need to reissue these exemptions.
Table 3: Number of avoided reissues per exemption and corresponding part of the CARs (2020 to 2029)
Exemption Avoided number of required reissues Part of the CARs to which the exemption applies
Over water survival equipment requirements 1 Part VII
First aid kit requirements 2 Part VII
First aid training requirement for flight attendants 2 Part VII
Infant life preserver stowage 0 table b3 note * Part VII
TAWS discrepancies 2 Parts VI and VII
Contamination on upper fuselage due to anti-icing fluid 2 Parts VI and VII
Allowance of take-off with cold-soaked fuel on wings 1 Part VI
Demonstration of emergency evacuation procedures 2 Part VII
Allowance of sightseeing operations by dual certificate holders 2 Part VII
Total 14 N/A

Table b3 note(s)

Table b3 note *

This exemption was issued in 2006 with no expiry date.

Return to table b3 note * referrer

Benefits and costs

Unless otherwise noted, benefits and costs are in present values using 2019 Canadian dollars and a 7% discount rate, and are discounted to the year of 2020, for the period between 2020 and 2030.

Codifying global exemptions into the amendments would result in cost savings to the Government of Canada (represented by Transport Canada), as there is no longer a need to review and reissue these exemptions upon their expiration. In addition, Subparts 703 and 704 air operators and private operators would save costs on certain survival equipment as they would no longer be required to carry them (see Table 2 above for detail).

In total, the amendments will result in a cost saving of approximately $239,000, $42,000 of which would be incurred by the Government of Canada, and $197,000 by industry stakeholders.

Government cost savings

The Government of Canada (represented by Transport Canada) would incur cost savings as there is no longer a need to process global exemptions. To estimate the cost savings, average number of hours spent on global exemptions by Transport Canada employees was estimated. According to subject matter expert opinion, the number of hours spent on processing an exemption depends on its complexity. Table 4 represents the average time and salary of Transport Canada employees involved in processing the exemptions, depending on the part of the CARs to which the exemption applies (as listed in Table 3).

Table 4: Government employees’ average time spent per exemption, and hourly wages
Employee Average hours per exemption — CARs Part VI Average hours per exemption — CARs Part VII Average hours per exemption —
CARs Parts VI and VII		 Hourly wages table b4 note *
Inspector [Civil Aviation] (TI-06) 25 60 30 table b4 note ** 50.67
Exemptions Coordinator (EG-06) 0.75 0.75 0.75 51.31
Technical Expert (GT-06) 45 0 45 53.18
Senior Regulatory Affairs Analyst (EC-06) 10 10 10 68.14
Regulatory Affairs Chief (EC-07) 1 1 1 76.44

Table b4 note(s)

Table b4 note *

Wages include 25% overhead. Source: Rates of pay for public service employees.

Return to table b4 note * referrer

Table b4 note **

Less hours are required for an Inspector when an exemption falls under both CARS Parts VI and VII compared to Part VII only because they are assisted by a Technical Expert as well. As a result, Government will incur cost savings of approximately $42,000.

Return to table b4 note ** referrer
Industry cost savings

Private operators, and Subparts 703 and 704 air operators would incur cost savings as a result of the extended exemption to carry certain survival equipment. These operators would no longer be required to carry a radar reflector, a fishing kit and there would be a reduction in the amount of water that must be carried. To determine the total industry cost savings, the average cost of a radar reflector and fishing equipment, along with the frequency to replace the equipment within the 10-year analytical time frame (i.e. 2020 to 2029), was estimated.footnote 7 According to subject matter expert opinion, it is estimated that the equipment would be replaced once between 2020 and 2029, with an average cost of $165 for both the radar reflector and fishing equipment.footnote 8

Table 5 represents the number of Canadian Aviation Document (CAD) holders for each subpart. It is assumed that there would be 10 new operators per year from 2021 to 2029, and it is assumed that each new operator would have one CAD. Based on historical data, there would be 8 new private operators and 2 new Subparts 703 and 704 operators per year. It should be noted that the total number of operators (682) is less than the number of CAD holders (746) because operators can hold multiple certificates/documents, which means they operate in multiple subparts. The number of CADs was used for this analysis as it is possible that operators have more than one aircraft that would operate under each subpart, and each aircraft would require its own set of equipment.

Table 5: Number of Canadian Aviation Document holders (2020)
Source: National Aviation Company Information System
Subpart Number of CADs
604 (private operators) 245
703 429
704 72
Total CADs 746
Total operators 682

As a result, industry stakeholders are expected to incur cost savings of approximately $197,000.

In addition to above-mentioned cost savings to both the Government of Canada and industry stakeholders, the amendments will also align Canada’s provisions related to aircraft de-icing with key international partners (such as the United States and members of the European Union), recognize industry’s knowledge and experience with respect to the manufacturing of their products, and align requirements of first aid kit and first aid training in the CARs with the AOHSRs. Further, the amendments will remove duplications of first aid certification for flight attendants and adopt a performance-based approach to regulations.

Small business lens

The small business lens applies, as there are impacts on small businesses associated with the regulatory initiative.

Small businesses will be impacted as a result of the survival equipment exemption being applied to private operators. It is estimated that there are approximately 317 private operators that would be impacted.

The incremental cost savings to small businesses over the 10-year analytical period is estimated to be approximately $37,000.

One-for-one rule

The one-for-one rule does not apply, as there will be no incremental change in administrative burden on businesses as a result of this regulatory initiative.

Regulatory cooperation and alignment

The amendments are not related to any commitment under a formal regulatory cooperation forum.

The amendments related to aircraft de-icing will align Canada’s current practices with that of the U.S. and the European Union. The amendments related to the demonstration of evacuation procedures will align Canada’s practices with those of the U.S.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and the Transport Canada Policy Statement on Strategic Environmental Assessment (2013), the strategic environmental assessment (SEA) process was followed for this regulatory initiative and a Sustainable Transportation Assessment was completed. The amendment is not expected to result in any environmental impacts.

Gender-based analysis plus

A gender-based analysis plus (GBA+) assessment was conducted to determine if the regulatory amendments have any impact on diverse groups such as men, women, and non-binary individuals, taking into account gender, age, mobility, geographic location, language, ethnicity, culture, indigenous communities, sexual orientation, and income, etc.

The assessment determined that, given the administrative nature of the amendments, and the fact that they simply codify into regulations global exemptions that have been valid for several years, the amendments would not result in any disproportionate impacts on any group of persons related to identity factors.

Rationale

Transport Canada’s aviation safety program must keep pace with advancement in the aviation sector as well as respond to the needs and emerging priorities of the aviation industry. Transport Canada has therefore launched a carefully considered transformation strategy that will modernize the way it delivers its programs and services to better serve Canadians. Regulatory modernization is one of the five signature pillars of Transport Canada’s transformation strategy and includes the Aviation Safety Regulatory Review Initiative.

These regulatory amendments are in line with the Government of Canada commitment in Budget 2018 to conduct targeted regulatory reviews starting with three initial high-growth sectors including transportation, with the focus on identifying and addressing regulatory irritants and bottlenecks to innovation, competitiveness, and economic growth.

The amendments in this regulatory initiative support the overall objective of the Targeted Regulatory Reviews by alleviating burden on the industry, harmonizing the regulatory framework with international best practices, and addressing current and future needs in the aviation sector by introducing greater clarity. These objectives are currently being achieved through the use of global exemptions, however, codifying these exemptions into regulations will provide stability as stakeholders who depend on them in order to carry out their business will no longer have to worry about the validity of the exemptions.

Implementation, compliance and enforcement, and service standards

Implementation

These amendments come into force upon publication in the Canada Gazette, Part II. All existing exemptions codified herein that were in place prior to the amendments will be cancelled as they will no longer be required. Stakeholders will be informed accordingly via the Transport Canada CARAC system. All relevant provisions in the CASS will be updated upon publication in Canada Gazette, Part II, and the revised CASS will be made available by Transport Canada to assist air operators in understanding the requirements.

No impacts on stakeholder operations are expected as a result of codifying the exemptions into the regulations.

Compliance and enforcement

Compliance and enforcement will be conducted as part of Transport Canada’s regular oversight activities. For the requirements related to survival kit, only those pertaining to private operators currently have designated monetary penalties in the CARs for non-compliance. For commercial operators, the requirements were outlined in the CASS, but there were no monetary penalties for non-compliance.

For consistency purposes, the regulatory requirements for all operations (i.e. private and commercial operators) are being outlined in the CARs, and the same monetary penalties that existed for private operators are now being applicable to commercial operations.

Table 6: Monetary penalties
Requirements Section of the CARs Maximum amount of penalty ($)
Individual Corporation

Requirement to carry a manual on board that contains information about how to use the survival equipment carried on board

604.116(1) table b6 note *

704.86(1)

705.95(1)

1,000

5,000

Requirements related to the list of items that must be included in the survival equipment kit

604.116(2) table b6 note *

703.85(2)

704.86(2)

705.95(2)

3,000

15,000

Requirements specifying that the first aid kit must contain the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations

703.84

704.85

1,000

5,000

Requirements specifying that the first aid kit must contain the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations
(This section also specifies the number of first aid kit that must be carried based on the number of passenger seats.)

604.117(1) table b6 note *

705.90(1)

1,000

5,000

Table b6 note(s)

Table b6 note *

Monetary penalties already exist in the CARs for private operators.

Return to table b6 note * referrer

Contact

Sandra Miller
Chief
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
Email: carrac@tc.gc.ca
Website: www.tc.gc.ca