Vol. 142, No. 19 — May 10, 2008

Regulations Amending the Canadian Aviation Regulations (Parts I and VII)

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

(This statement is not part of the Regulations.)

Description

These proposed Regulations Amending the Canadian Aviation Regulations (Parts I and VII) will introduce new requirements for commercial air services and amend already existing requirements as follows:

• change the numbering of existing provisions in Schedule II to Subpart 103 Administration and Compliance of Part I General Provisions and introduce maximum amounts of penalties for non-compliance with a new proposed section (702.24);
• clarify the reporting responsibilities of air operators concerning changes to required components of an air operator certificate (sections 702.09, 703.09, 704.09 and 705.09) and introduce a definition for “main base” (section 700.01);
• confirm the pilot-in-command final authority to authorize a flight in existing or forecast icing conditions (sections 702.24, 703.42, 704.63 and 705.69);
• exempt air operators conducting certain parachute-jumping operations from the requirement to carry a company operations manual on board their aircraft when engaged in parachuting (section 702.83);
• include flight dispatchers acknowledgement procedures of operational information (section 705.18);
• introduce an individual safety briefing requirement for passengers in seats that are not forward facing (sections 703.39, 704.34 and 705.43);
• introduce supplemental briefing cards along with the requirements for their visual display of information (section 705.44); and
• clarify the provision regarding the retention period of the master copy of each examination to be completed for each type of aircraft operated (section 705.127).

Schedule II to Subpart 103 Administration and Compliance of Part I General Provisions contains administrative provisions applicable to all parts of the Canadian Aviation Regulations (CARs). This proposed amendment will make adjustments to allow for the renumbering of existing provisions and will introduce maximum penalties, which may be assessed for non-compliance with the new section 702.24 proposed in this amendment to the CARs.

Under the current CARs, air operators are required to notify the Minister within ten working days after changes to their legal name, trade name, base of operations and managerial personnel. However, the term “base of operations” is not currently defined in the CARs, which causes confusion. Furthermore, it was never the intent of the CARs to not require air operators to notify the Minister when there was a change to the aircraft type authorized for use on an air operator certificate.

To rectify this situation, these proposed amendments will introduce a definition of “main base,” specific to Part VII operations, and replace “base of operations” with “main base, sub-base or scheduled points” (the requirement to report a change to scheduled points only applies for operations under Subparts 704 and 705). They will also add the requirement that air operators advise the Minister within 10 working days after ceasing to operate a type of aircraft authorized under this Subpart.

The current CARs authorize flights in icing conditions when the aircraft is equipped to operate in these conditions, in accordance with its type certificate. They do not take into consideration human factors such as pilots’ experience or crew fatigue. The proposed amendments to Subparts 702, 703, 704 and 705 of the CARs will reinforce that, even when an aircraft is equipped to operate in icing conditions, the pilot-in-command has final authority to refuse to authorize a flight or its continuation when icing conditions are reported to exist or are forecast to be encountered along the route of flight if, in the pilot-in-command’s opinion, the safety of the flight might be adversely affected.

Aeroplanes involved in aerial work and air taxi operations (Subparts 702 and 703) are not required under the current CARs to be equipped with a means of illumination or a means to detect ice formation, unlike aeroplanes involved in commuter and airline operations (Subparts 704 and 705). In order to standardize the CARs and avoid possible confusion in requirements, these proposed amendments will require that all aeroplanes operated at night in icing conditions be equipped with a means of illumination or other means of detecting ice formation.

Since 1998, the Minister has exempted air operators engaged in parachute-jumping operations from carrying a copy of the appropriate parts of a company operations manual, under subsection 5.9(2) of the Aeronautics Act, on board an aeroplane being used in those operations. The flight routine of pilots engaged in these operations is short and repetitive, and to consult such documents would be unsafe given that the cabin door must be opened to evacuate parachutists, creating a noisy, windy environment. The proposed amendments to section 702.83 of the CARs will incorporate this exemption providing that the aeroplane is operated within 25 nautical miles of the point of departure and that the operator has established procedures for amending the manual.

Under the current CARs, air operators are required to establish a system for the timely dissemination of general operational information (e.g. weather updates, changes to standard operating procedures) that includes a means for each crew member to acknowledge receipt of such information. This information is essential to those involved in flight operations in their decision-making process, for safety reasons.

At present, flight dispatchers are not required to acknowledge receipt of operational information. Flight dispatchers have numerous duties related to the preparation and following of flights. They prepare packages that include weather, load, route and other operational information prior to the departure of a flight and provide requested information to flight crews during flights. This proposed amendment will ensure that flight dispatchers be included in the dissemination process and that they acknowledge receipt of general operational information.

Under the current CARs, crew members are required to brief passengers in the event of an emergency, when time and circumstances allow. This emergency briefing consists of verbal commands that include asking passengers to take a specific protective position (brace position may vary according to seating orientation). To include instructions for two or more brace positions in verbal commands increases the potential for confusion and the likelihood of injury. These proposed amendments to subsections 703.39(2), 704.34(2) and 705.43(3) will require that an individual safety briefing be given on each flight to passengers in seats that are not forward facing.

Under the current CARs, air operators must provide each passenger, at the passenger’s seat, with a safety features card containing, in pictographic form, the information required by the Commercial Air Service Standards. There are no requirements regarding the text in safety feature cards, if used, except that it be in both official languages, leaving visually impaired passengers with a card that may not meet their needs. This proposed amendment to section 705.44 of the CARs will amend the title of the section to read Safety Features Card and Supplemental Briefing Card and will require that air operators provide two copies of a new card called the “Supplemental Briefing Card” on board every aircraft. This will address the needs of visually impaired passengers, by presenting, in both official languages, information in 14-point or larger sans-serif type, with dark characters, on a light background and in Braille.

Under the current CARs, subsection 705.127(3) requires that air operators keep a copy of the most recent written examination completed by each person for each type of aircraft for which a person has a qualification. Since there are no references in the CARs as to the length of time that these paper copies must be kept, air operators are forced to maintain a complex system of documentation. To reduce the paper burden of air operators, this proposed amendment will replace the current requirement with a requirement for air operators to keep a master copy of each examination to be completed for each type of aircraft operated, for no less than three years.

Consultation

These amendments were developed through the Commercial Air Service Operations (CASO) Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC). This committee includes representatives of government, aeronautical associations (e.g., Air Transport Association of Canada [ATAC], Air Line Pilots Association – Canada [ALPA], and Aerospace Industries Association of Canada), unions (e.g. Teamsters Canada), operators and airlines (e.g. Air Canada). This committee recommended these proposed amendments during their meetings of March 10, 1998, June 17, 1998, December 8, 1998, June 8, 1999, and June 5, 2003.

Acting Chief
Regulatory Affairs, AARBH
Safety and Security
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N8
Telephone: 613-990-1184 or 1-800-305-2059
Fax: 613-990-1198
Web site: www.tc.gc.ca.

5. Subsection 702.42(1) of the Regulations is replaced by the following:

702.42 (1) No person shall operate an aircraft at night unless the aircraft is equipped with

(a) at least one landing light; and

(b) if the aircraft is operated in icing conditions, a means of illumination or other means to detect the formation of ice.

6. Subsection 702.83(2) of the Regulations is replaced by the following:

(2) If an air operator has established procedures in its company operations manual for amending the manual, the air operator may, instead of providing a copy of the appropriate parts of that manual to each crew member, place a copy of those parts

(a) in each aircraft that it operates; or

(b) in an appropriate place other than an aircraft that it operates for the purpose of conducting a parachute descent within 25 nautical miles of the aerodrome of departure.

7. Subparagraph 703.08(f)(iv) of the Regulations is replaced by the following:

(iv) the main base, scheduled points and, if applicable, sub-bases; and

8. Paragraph 703.09(i) of the Regulations is replaced by the following:

(i) the air operator shall notify the Minister within 10 working days after

(i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point, or its managerial personnel, or

(ii) ceasing to operate a type of aircraft authorized under this Subpart; and

9. The portion of subsection 703.39(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility for another person on board the aircraft, the pilot-in-command shall ensure that the passenger is given an individual safety briefing that

10. The reference “[703.42 to 703.51 reserved]” after section 703.41 of the Regulations is replaced by the following:

Operation of Aircraft in Icing Conditions

703.42 When icing conditions are reported to exist or are forecast to be encountered along the route of flight, no person shall authorize a flight or its continuation or conduct a take-off or continue a flight in an aircraft, even if the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with paragraph 605.30(a), if, in the opinion of the pilot-in-command, the safety of the flight might be adversely affected.

[703.43 to 703.51 reserved]

11. The heading before section 703.64 of the Regulations is replaced by the following:

Night and IMC Flight

12. Subsection 703.64(2) of the Regulations is replaced by the following:

(2) No person shall operate an aircraft at night unless the aircraft is equipped with

(a) at least one landing light; and

(b) if the aircraft is operated in icing conditions, a means of illumination or other means to detect the formation of ice.

13. Subparagraph 704.08(f)(iv) of the Regulations is replaced by the following:

(iv) the main base, scheduled points and, if applicable, sub-bases; and

14. Paragraph 704.09(i) of the Regulations is replaced by the following:

(i) the air operator shall notify the Minister within 10 working days after

(i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point or its managerial personnel, or

(ii) ceasing to operate a type of aircraft authorized under this Subpart; and

15. The portion of subsection 704.34(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility for another person on board the aircraft, the pilot-in-command shall ensure that the passenger is given an individual safety briefing that

16. Subsection 704.63(1) of the Regulations is replaced by the following:

704.63 (1) When icing conditions are reported to exist or are forecast to be encountered along the route of flight, no person shall authorize a flight or its continuation or conduct a take-off or continue a flight in an aircraft, even if the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with paragraph 605.30(a), if, in the opinion of the pilot-in-command, the safety of the flight might be adversely affected.

17. Subparagraph 705.08(f)(iv) of the Regulations is replaced by the following:

(iv) the main base, scheduled points and, if applicable, sub-bases; and

18. Paragraph 705.09(i) of the Regulations is replaced by the following:

(i) the air operator shall notify the Minister within 10 working days after

(i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point or its managerial personnel, or

(ii) ceasing to operate a type of aircraft authorized under this Subpart; and

19. Section 705.18 of the Regulations is replaced by the following:

705.18 Every air operator shall establish a system for the timely dissemination of general operational information that includes a means for each crew member and each flight dispatcher to acknowledge receipt of that information.

20. The portion of subsection 705.43(3) of the Regulations before paragraph (a) is replaced by the following:

(3) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility for another person on board the aircraft, the air operator shall ensure that the passenger is given an individual safety briefing that

21. Section 705.44 of the Regulations and the heading before it are replaced by the following:

Safety Features Card and Supplemental Briefing Card

705.44 (1) An air operator shall provide each passenger, at the passenger’s seat, with a safety features card containing, in pictographic form, the information required for a safety features card by section 725.44 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards, and any wording shall be in English and French.

(2) An air operator shall ensure that

(a) the information required for a supplemental briefing card by section 725.44 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards is available to passengers in the following four formats:

(i) English text in 14-point or larger sans-serif type with dark characters on a light background,

(ii) French text in 14-point or larger sans-serif type with dark characters on a light background,

(iii) English Braille as defined and set out in the publication entitled English Braille, American Edition, 1994, published in 1994 or later by the Braille Authority of North America, and

(iv) French Braille as set out in the Code pour la transcription en braille de l’imprimé (Code de base), Volume I, published in June 1996 or later by the Comité de normalisation du braille français en éducation, Direction générale des affaires universitaires et scientifiques, ministère de l’Éducation, gouvernement du Québec; and

(b) two copies in each format are on board every aircraft.

(3) The four formats may be displayed on one or more supplemental briefing cards.

22. Subsection 705.69(1) of the Regulations is replaced by the following:

705.69 (1) When icing conditions are reported to exist or are forecast to be encountered along the route of flight, no person shall authorize a flight or its continuation or conduct a take-off or continue a flight in an aircraft, even if the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with paragraph 605.30(a), if, in the opinion of the pilot-in-command, the safety of the flight might be adversely affected.

23. Subsection 705.127(3) of the Regulations is replaced by the following:

(3) An air operator shall keep a master copy of each examination on file and make it available for review by the Minister for a period of not less than three years.

24. Subsection 706.08(7) of the Regulations is replaced by the following:

(7) An air operator shall amend each copy of its MCM within 30 days after the approval of an amendment under subsection (8).

COMING INTO FORCE

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

[19-1-o]