ARCHIVED — Vol. 148, No. 26 — December 17, 2014

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Registration

SOR/2014-286 November 28, 2014

AERONAUTICS ACT

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

P.C. 2014-1307 November 27, 2014

Whereas, pursuant to paragraph 4.9(o) (see footnote a) of the Aeronautics Act (see footnote b), a provision of the annexed Regulations deals with the use and operation of an object that in the opinion of the Minister of Transport is likely to be hazardous to aviation safety;

And whereas, pursuant to paragraph 4.9(o) (see footnote c) of that Act, the Minister of Transport is of the opinion that a directed bright light source projected into navigable airspace is likely to be hazardous to aviation safety;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.9 (see footnote d) of the Aeronautics Act (see footnote e), makes the annexed Regulations Amending the Canadian Aviation Regulations (Parts I and VI).

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PARTS I AND VI)

AMENDMENTS

1. Subsection 109.03(2) of the Canadian Aviation Regulations (see footnote 1) is replaced by the following:

(2) The registered owner of the aircraft shall surrender the certificate of airworthiness to the Minister within seven days after the day on which the registered owner receives a notice from the Minister informing the registered owner of the coming into force of an agreement entered into in accordance with Article 83 bis of the Convention.

2. Section 109.07 of the Regulations is replaced by the following:

109.07 If Canada enters into an agreement in accordance with Article 83 bis of the Convention, the agreement and the provisions of this Subpart shall take precedence over any conflicting provisions of these Regulations.

3. Section 601.21 of the Regulations is replaced by the following:

601.21 (1) Any person planning to project or cause to be projected a directed bright light source into navigable airspace shall, before the projection,

  • (a) submit a written request to the Minister for an authorization to project the directed bright light source into navigable airspace; and
  • (b) obtain a written authorization from the Minister to do so.

(2) On receipt of the request for authorization, the Minister shall issue a written authorization if the projection is not likely to create a hazard to aviation safety or to cause damage to an aircraft or injury to persons on board the aircraft.

(3) The Minister may specify in the authorization any conditions necessary to ensure that the projection is not likely to create a hazard to aviation safety or to cause damage to an aircraft or injury to persons on board the aircraft.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Background

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR), which is empowered by section 19 of the Statutory Instruments Act to review regulations, has provided comments on subsection 109.03(2) and section 109.07 of the Canadian Aviation Regulations (CARs), both pertaining to Article 83 bis of the Convention on International Civil Aviation (the Convention). The SJCSR also provided comments on section 601.21 of the CARs, which pertains to the projection of bright light sources into navigable airspace.

Issues

Article 83 bis of the Convention

Subsection 109.03(2) entitled Surrender of Certificate of Airworthiness, which was introduced in the CARs to provide a means to comply with Article 83 bis of the Convention, requires the registered owner of an aircraft to return the aircraft certificate of airworthiness within seven days after the coming-into-force date of an agreement between Canada and another authority. The SJCSR suggested that the current wording of subsection 109.03(2) creates an unreasonable obligation as the owner may not be aware that a new agreement has been signed.

Use of lasers in navigable airspace

The SJCSR also observed discrepancies between the current wording of section 601.21 entitled Requirement for Notification pertaining to the projection of bright light sources into navigable airspace, and the definition of a “directed bright light source.” Discrepancies were also noted between the English and the French versions of the provision. The SJCSR also recommended that the subsection providing a discretionary power to the Minister authorizing the projection of these light sources be clarified.

Objectives

The objective of these amendments is to address the concerns raised by the SJCSR, which would clarify obligations placed on stakeholders and clarify the sections pertaining to directed bright light sources.

Description

The amendments will

  • (a) clarify subsection 109.03(2) by requiring that the registered owner of an aircraft surrender that aircraft’s certificate of airworthiness to the Minister within seven days after the day on which the registered owner receives a notice from the Minister informing the registered owner of the coming into force of an agreement entered into in accordance with Article 83 bis of the Convention;
  • (b) correct section 109.07 by replacing the words “regulations in this Subpart” with the words “provisions of this Subpart”;
  • (c) clarify subsection 601.21(1) by removing the words “with sufficient power to create a hazard to aviation safety” used to qualify “directed bright light source” as these would limit the original intent of the definition of “directed bright light source”;
  • (d) clarify subsection 601.21(1) by requiring that the person planning to project or cause to be projected a directed bright light source into navigable airspace submit a written request to the Minister for an authorization and wait for the written authorization from the Minister before the projection;
  • (e) clarify subsection 601.21(2) by expanding the criteria used by the Minister to authorize the projection of the directed bright light source (i.e. if the projection would not likely create a hazard to aviation safety or cause damage to an aircraft or injury to persons on board the aircraft); and
  • (f) introduce a new subsection 601.21(3) that states that the Minister may specify in the authorization any conditions necessary to ensure that the projection is not likely to create a hazard to aviation safety or to cause damage to an aircraft or injury to persons on board the aircraft.

Consultation

The amendments are the result of comments provided by the SJCSR. They clarify and correct provisions that have already been consulted on with the industry through the Canadian Aviation Regulation Advisory Council (CARAC). The amendments were published in Part I of the Canada Gazette on June 21, 2014, followed by a 30-day comment period. No comments were received.

“One-for-One” Rule

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

Small business lens

The small business lens does not apply to these amendments.

Rationale

It is expected that these amendments would benefit aviation safety by clarifying the existing Regulations without any incremental compliance costs.

Contact

Chief, Regulatory Affairs (AARBH)
Civil Aviation
Safety and Security Group
Department of Transport
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-993-7284 or 1-800-305-2059
Web site: www.tc.gc.ca