Sunday, December 17, 2017
Transport Canada - Aviation Safety Letter Exemption from Pre-Publication

Exemption from Pre-Publication

by Pierre-Laurent Samson, Civil Aviation Safety Inspector, Regulatory Affairs, Policy and Regulatory Services, Civil Aviation, Transport Canada

The new version of the Triage Statement, which includes the various levels of impact that may be assigned to a proposed regulatory amendment, was outlined in the “Regulations and You” section of Aviation Safety Letter (ASL) 2/2009. This article will describe the criteria for publishing a proposed regulatory amendment directly in the Canada Gazette, Part II, and will discuss a few files that Civil Aviation will soon be presenting to the Treasury Board Secretariat (TBS).

Most of the regulatory amendments processed by Transport Canada Civil Aviation’s Regulatory Affairs Division have a “low” level of impact, as defined in the Triage Questionnaire. The purpose of these amendments is to clarify existing provisions, bring Canadian regulations in line with those in the United States or Europe, respond to a request made by the Standing Joint Committee for the Scrutiny of Regulations, or correct one of the following errors:

  • minor errors in format, syntax, spelling or punctuation;
  • typographical errors, archaisms, anomalies, numbering errors;
  • inconsistencies between the English and French versions;
  • unclear, nonessential information;
  • obsolete regulations, that is, regulations that are outdated but still legally enforceable;
  • spent regulations that have no further application or effect.

A low level of impact implies that the amendment will cause little or no controversy and that it is supported by the main stakeholder groups. The TBS believes that, in such cases, pre-publication in the Canada Gazette, Part I, adds little to the regulatory amendment process. The TBS analyst who is assigned to the department decides whether or not to grant an exemption from pre-publication for a regulatory amendment after the department has demonstrated that the impact of the proposed amendment is nil or low, that the stakeholders have already been consulted, and that the majority would support the regulatory proposal. The time and resources that would otherwise have been used for the analysis would therefore be dedicated to the analysis of files with higher levels of impact, which require more work.

Since the implementation of the triage process, only two files have been granted an exemption from pre-publication and published directly in the Canada Gazette, Part II, after an assessment confirmed a low level of impact. The files involved amendments regarding the International Civil Aviation Organization’s (ICAO) language requirements and those regarding monetary penalties. If more than two years have passed since stakeholder consultation was conducted on a proposed amendment, the TBS asks that the department requesting the exemption from pre-publication inform the stakeholders that it intends to proceed with the file.

Civil Aviation currently has about 50 files involving proposed amendments to the Canadian Aviation Regulations (CARs). The following are examples of a few files, which are at different stages in the regulatory process.

Amendments are proposed to Part I—General Provisions regarding the maximum monetary penalty that may be imposed on individuals or corporations for violations. The amendments would introduce 18 new provisions, repeal three that will no longer result in violations, and make corrections to two. The TBS approved the request for an exemption from pre-publication.

Amendments are proposed to Part III—Aerodromes, Airports and Heliports regarding certified water aerodromes. The purpose of these amendments is to increase the safety of certified water aerodromes to a level equal to the current level of safety found at certified land airports. The following water aerodromes would be affected: Victoria Harbour, Vancouver Harbour, Vancouver International, Nanaimo Harbour and Prince Rupert/Seal in British Columbia; and Québec/Lac St-Augustin, Montréal/Boisvert & Fils, Montréal/Marina Venise and Delco Aviation in the province of Quebec. The triage statement for these amendments suggests a level of impact that will require pre-publication.

Amendments are proposed to Part IV—Personnel Licensing and Training regarding the conduct of flight tests. The purpose of these amendments is to move the flight test rules of conduct from the policies where they are now to a new subpart of Part IV. The TBS approved the request for an exemption from pre-publication.

Amendments are proposed to Part V—Airworthiness regarding safety management systems (SMS). The purpose of these amendments is to clarify the existing SMS requirements, have them apply to all certificate holders under this Part, and require the implementation of a fatigue risk management system in the aviation maintenance environment. The triage statement for these amendments suggests a level of impact that will require pre-publication.

Amendments are proposed to Part VI—General Operating and Flight Rules regarding means of emergency location (e.g. emergency locator transmitters [ELT] capable of broadcasting on frequency 406 MHz, or any alternate means of emergency location that meet the performance criteria for a 406 MHz ELT). The purpose of these amendments is to continue to ensure rapid emergency response to distress situations once the Cospas-Sarsat satellite system stops responding to distress signals broadcast on 121.5/243 MHz. These amendments have already been pre-published and are proposed for publication in the Canada Gazette, Part II.

Amendments are proposed to Part VII—Commercial Air Services regarding the terrain awareness and warning system (TAWS) for aircraft operating under subparts 703, 704 and 705 and flying in accordance with instrument flight rules (IFR). The purpose of these amendments is to reduce the risk of controlled flight into terrain (CFIT). The triage statement for these amendments suggests a level of impact that will require pre-publication.

The CARs amendments that Transport Canada has presented to the Canada Gazette, Parts I and II, can be found on the following Web site: www.tc.gc.ca/civilaviation/RegServ/Affairs/carac/NPAs/menu.htm.

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