Regulations Amending the Canadian Aviation Regulations (Various Amendments, 2023): SOR/2025-26

Canada Gazette, Part II, Volume 159, Number 5

Registration
SOR/2025-26 February 14, 2025

AERONAUTICS ACT

P.C. 2025-96 February 14, 2025

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending the Canadian Aviation Regulations (Various Amendments, 2023) under section 4.9footnote a and paragraphs 7.6(1)(a)footnote b and (b)footnote c of the Aeronautics Act footnote d.

Regulations Amending the Canadian Aviation Regulations (Various Amendments, 2023)

Amendments

1 (1) The definition NOTAM in subsection 101.01(1) of the Canadian Aviation Regulations footnote 1 is replaced by the following:

NOTAM
means a notice containing information concerning the establishment or condition of, or change in, any aeronautical facility, service or procedure, or any air navigation hazard, the timely knowledge of which is essential to personnel concerned with flight operations; (NOTAM)

(2) The definition Standard 621 in subsection 101.01(1) of the English version of the Regulations is replaced by the following:

Standard 621
means the Obstacle Marking and Lighting Standard of the General Operating and Flight Rules Standards, published by the Department of Transport; (norme 621)

(3) Subsection 101.01(1) of the Regulations is amended by adding the following in alphabetical order:

smoke,
in respect of a person, has the same meaning as in subsection 2(1) of the Non-smokers’ Health Act; (fumer)

2 The reference “Section 702.64” in column I of Subpart 2 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is replaced by “Subsection 702.64(1)”.

3 Subpart 2 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 702.64(1)”:

Column I

Designated Provision

Column II

Maximum Amount of Penalty ($)
Individual Corporation
Subsection 702.64(2) 3,000 15,000

4 The reference “Section 703.87” in column I of Subpart 3 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is replaced by “Subsection 703.87(1)”.

5 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 “Subsection 703.87(1)”:

Column I

Designated Provision

Column II

Maximum Amount of Penalty ($)
Individual Corporation
Subsection 703.87(2) 3,000 15,000

6 The reference “Section 704.107 ” in column I of Subpart 4 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is replaced by “Subsection 704.107(1)”.

7 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 “Subsection 704.107(1)”:

Column I

Designated Provision

Column II

Maximum Amount of Penalty ($)
Individual Corporation
Subsection 704.107(2) 3,000 15,000

8 The reference “Section 705.103” in column I of Subpart 5 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is replaced by “Subsection 705.103(1)”.

9 Subpart 5 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 705.103(1)”:

Column I

Designated Provision

Column II

Maximum Amount of Penalty ($)
Individual Corporation
Subsection 705.103(2) 3,000 15,000

10 The reference “Subsection 705.221(2)” in column I of Subpart 5 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is replaced by “Subsection 705.221(3)”.

11 The definition aeronautical information publications in section 300.01 of the Regulations is replaced by the following:

aeronautical information publications
means the following documents:
  • (a) AIP Canada,
  • (b) AIP Canada Supplements,
  • (c) Canada Air Pilot,
  • (d) Restricted Canada Air Pilot,
  • (e) AIRAC Canada,
  • (f) VFR Navigation Charts,
  • (g) VFR Terminal Area Charts,
  • (h) Canada Flight Supplement,
  • (i) Water Aerodrome Supplement,
  • (j) Enroute Charts – High and Low Altitude,
  • (k) ICAO Type A Obstacle Charts, and
  • (l) Designated Airspace Handbook; (publications d’information aéronautique)

12 Subsections 301.03(1) to (3) of the Regulations are replaced by the following:

301.03 (1) Subject to subsection (2), where the operator of an aerodrome provides the Minister with information respecting the location, markings, lighting, use and operation of the aerodrome, the Minister must register the aerodrome and submit the information to the provider of aeronautical information services for publication in the Canada Flight Supplement or the Water Aerodrome Supplement, as applicable.

(2) The Minister may refuse to register an aerodrome if the operator of the aerodrome does not meet the requirements of sections 301.05 to 301.09 or if using the aerodrome is likely to be hazardous to aviation safety and, in such a case, must not submit the information with respect to that aerodrome to the provider of aeronautical information services for publication.

(3) The operator of an aerodrome registered under subsection (1) must notify the Minister immediately after any change is made to the location, markings, lighting, use or operation of the aerodrome that is likely to affect the accuracy of the information published by the provider of aeronautical information services under subsection (1).

13 Subsection 302.02(2) of the Regulations is replaced by the following:

(2) The application shall be signed by the applicant and shall be in the form set out in the aerodrome standards and recommended practices publications.

14 (1) Paragraph 302.07(1)(d) of the Regulations is replaced by the following:

(2) Paragraph 302.07(1)(f) of the Regulations is replaced by the following:

15 Paragraph 302.203(1)(e) of the Regulations is replaced by the following:

16 (1) The portion of subsection 302.207(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

302.207 (1) L’exploitant de l’aéroport ne peut assigner des fonctions d’intervention d’urgence particulières, autres que celles d’un coordonnateur sur place ou d’un surveillant, qu’à des membres du personnel de l’aéroport qui figurent dans le plan d’urgence et qui répondent aux exigences suivantes :

(2) Paragraph 302.207(3)(a) of the French version of the Regulations is replaced by the following:

(3) Paragraph 302.207(3)(b) of the English version of the Regulations is replaced by the following:

17 The definition ground school instruction in subsection 400.01(1) of the English version of the Regulations is replaced by the following:

ground school instruction
means classroom-type instruction generally given to one or more persons and covering an organized program of lectures, homework or self-paced study that complies with an approved training program; (instruction théorique au sol)

18 (1) Paragraph 404.10(3)(a) of the Regulations is repealed.

(2) Subsection 404.10(4) of the Regulations is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

19 Subsections 405.21(2) to (5) of the Regulations are replaced by the following:

(2) If no qualified gyroplane flight instructor is available, the Minister shall authorize a person to conduct the gyroplane training that has to be acquired to satisfy the experience requirement for the issuance of a pilot permit — gyroplane if the authorization is in the public interest and is not likely to affect aviation safety and if the person

(3) The Minister shall authorize a person who conducts flight training toward the issuance of an aircraft type rating to conduct the flight training for a holder of a student pilot permit — gyroplane if the authorization is in the public interest and is not likely to affect aviation safety and if the person

20 Paragraph 406.22(b) of the Regulations is replaced by the following:

21 The heading before section 406.41 of the Regulations is replaced by the following:

Defect Recording, Rectification and Control Procedures

22 The portion of subsection 571.06(3) of the Regulations before paragraph (a) is replaced by the following:

(3) Where an additional flight authority has been issued under paragraph 507.08(1)(b) in respect of an aircraft, no person shall change the configuration of the aircraft in such a manner that the aircraft no longer meets the conditions subject to which the flight authority applicable to the aircraft prior to the modification was issued, unless

23 (1) Subsection 602.06(1) of the Regulations and the heading before it are replaced by the following:

Prohibition Against Smoking

602.06 (1) No person shall smoke on board an aircraft.

(2) Subsection 602.06(2) of the Regulations is repealed.

24 Section 602.127 of the Regulations is amended by adding the following after subsection (2):

(3) No pilot-in-command of an IFR aircraft shall conduct a landing following an instrument approach unless, immediately before landing, the pilot-in-command ascertains, by means of radiocommunication or visual inspection,

25 Paragraphs 604.56(c) to (e) of the Regulations are replaced by the following:

26 Subsection 605.27(3) of the Regulations is replaced by the following:

(3) The pilot-in-command shall ensure that at least one pilot is seated at the flight controls with safety belt, including any shoulder harness, fastened during flight time, except when an air operator operating an aircraft under Subpart 4 of Part VI or Subpart 2, 3, 4 or 5 of Part VII establishes procedures that allow flight crew members, while in cruise flight, to remove their shoulder harnesses at flight altitudes at or above 10,000 feet ASL.

27 Subparagraph 701.08(f)(iv) of the Regulations is replaced by the following:

28 Section 702.64 of the Regulations is replaced by the following:

702.64 (1) An air operator must designate, for each flight, a pilot-in-command or, if the crew includes two pilots, a pilot-in-command and a second-in-command.

(2) An air operator must record the name of the pilot-in-command and, if applicable, the name of the second-in-command who were designated under subsection (1) and must retain the record for at least 180 days after the day on which the flight is completed.

29 Paragraph 702.76(2)(a) of the French version of the Regulations is replaced by the following:

30 Subsection 703.18(3) of the Regulations is replaced by the following:

(3) An air operator shall retain a copy of the operational flight plan, including any amendments to that plan, for at least 180 days after the day on which the flight is completed.

31 (1) Paragraph 703.38(1)(a) of the Regulations is replaced by the following:

(2) Subsection 703.38(2) of the Regulations is replaced by the following:

(2) No air operator shall permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the requirements of

32 Section 703.87 of the Regulations is replaced by the following:

703.87 (1) An air operator must designate, for each flight, a pilot-in-command or, if the crew includes two pilots, a pilot-in-command and a second-in-command.

(2) An air operator must record the name of the pilot-in-command and, if applicable, the name of the second-in-command who were designated under subsection (1) and must retain the record for at least 180 days after the day on which the flight is completed.

33 Paragraph 703.98(2)(a) of the French version of the Regulations is replaced by the following:

34 (1) Subsection 704.17(1) of the Regulations is replaced by the following:

704.17 (1) No air operator shall permit a person to commence a flight unless an operational flight plan that meets the Commercial Air Service Standards has been prepared.

(2) Subsection 704.17(3) of the Regulations is replaced by the following:

(3) An air operator shall retain a copy of the operational flight plan, including any amendments to that plan, for at least 180 days after the day on which the flight is completed.

35 Paragraph 704.33(1)(a) of the Regulations is replaced by the following:

36 Subparagraph 704.52(c)(iii) of the French version of the Regulations is replaced by the following:

37 Section 704.107 of the Regulations is replaced by the following:

704.107 (1) An air operator must designate, for each flight, a pilot-in-command or, if the crew includes two pilots, a pilot-in-command and a second-in-command.

(2) An air operator must record the name of the pilot-in-command and, if applicable, the name of the second-in-command who were designated under subsection (1) and must retain the record for at least 180 days after the day on which the flight is completed.

38 Paragraph 704.108(1)(d) of the French version of the Regulations is replaced by the following:

39 Subparagraphs 704.115(2)(a)(i) and (ii) of the French version of the Regulations are replaced by the following:

40 Subsection 704.123(2) of the Regulations is replaced by the following:

(2) An aircraft operating manual shall contain the information required by

(2.1) Where the aircraft flight manual is not carried on board the aircraft, an aircraft operating manual shall contain the aircraft performance data and limitations specified in the aircraft flight manual, which shall be clearly identified as aircraft flight manual requirements.

41 Subsection 705.22(1) of the Regulations is replaced by the following:

705.22 (1) No air operator shall permit a person to commence a flight unless an operational flight plan that meets the Commercial Air Service Standards has been prepared.

42 Paragraph 705.40(1)(a) of the Regulations is replaced by the following:

43 Section 705.103 of the Regulations is replaced by the following:

705.103 (1) An air operator must designate, for each flight, a pilot-in-command and a second-in-command.

(2) An air operator must record the name of the pilot-in-command and, if applicable, the name of the second-in-command who were designated under subsection (1) and must retain the record for at least 180 days after the day on which the flight is completed.

44 Paragraph 705.106(1)(d) of the French version of the Regulations is replaced by the following:

45 Paragraph 705.107(1)(c) of the French version of the Regulations is replaced by the following:

46 (1) Paragraphs 705.109(1)(a) and (b) of the French version of the Regulations are replaced by the following:

(2) Subsection 705.109(2) of the French version of the Regulations is replaced by the following:

(2) Une personne qui n’a pas terminé la formation de familiarisation en ligne durant la période visée à l’alinéa (1)b) doit se qualifier de nouveau conformément à la Norme de formation des agents de bord.

47 (1) Subparagraphs 705.124(2)(a)(i) and (ii) of the French version of the Regulations are replaced by the following:

(2) Subparagraph 705.124(2)(b)(i) and (ii) of the French version of the Regulations are replaced by the following:

48 Section 705.154 of the English version of the Regulations is replaced by the following:

705.154 The holder of an air operator certificate issued under section 705.07 who is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02 must comply with the requirements referred to in section 573.30 with respect to a safety management system when undertaking maintenance control activities under Subpart 6.

49 Subsection 705.221(2) of the Regulations is replaced by the following:

(2) An air operator who has assigned two or more flight attendants to a flight may operate the aeroplane for that flight without one of the flight attendants if

(3) The air operator must submit a report to the Minister after the completion of each flight referred to in subsection (1) or (2) that contains:

50 Paragraph 706.03(1)(a) of the Regulations is replaced by the following:

51 Section 706.15 of the English version of the Regulations is replaced by the following:

706.15 The holder of an air operator certificate issued under section 705.07 must, for all maintenance control activities performed under this Subpart, comply with the requirements set out in section 705.151 or 705.154 with respect to a safety management system.

Coming into Force

52 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: Various minor issues affecting the Canadian Aviation Regulations (CARs) were identified as part of Transport Canada’s Aviation Safety Regulatory Review initiative and in letters received from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). The issues include

  • perceived inconsistencies, ambiguities, and misleading provisions;
  • outdated terminology, definitions, and discrepancies between the English and French versions of the CARs;
  • unnecessary administrative burdens; and
  • long-standing exemptions that should be codified.

Description: The Regulations Amending the Canadian Aviation Regulations (Various Amendments, 2023) [the Regulations] will

  • update and clarify existing provisions, remove redundancies, remove unnecessary administrative burdens, and align terminology with what is used by international partners;
  • reduce the retention period for pilot-in-command and second-in-command records for CARs sections 702 and 705 commercial operators;
  • reduce the time required for a civil aviation medical exam for student pilots seeking a permit in cases where a category 4 medical exam will suffice. A category 4 exam, which is for pilots that have no medical conditions and requires less paperwork than a category 3 or higher medical exam, could be completed by a family doctor, instead of a Civil Aviation Medical Examiner (CAME);
  • harmonize terminology with terminology used by the International Civil Aviation Organization (ICAO);
  • increase certainty and predictability for stakeholders by codifying certain temporary exemptions.

Rationale: The Regulations constitute a housekeeping phase of Transport Canada’s (TC) response to the Government of Canada’s commitment in Budget 2018 to conduct targeted regulatory reviews with a focus on identifying and addressing regulatory irritants and bottlenecks to innovation, competitiveness, and economic growth. The Regulations will support a safe air transportation system for Canadians by addressing several minor, low-impact, non-controversial issues identified through various internal and external consultations, including with the SJCSR, over the years.

Costs associated with the amendments are expected to total $1,746 over a 10-year time frame from 2025 to 2034. This cost will apply to airline operators due to the requirement to notify TC when reducing the number of flight attendants due to incapacitation. While operators will no longer be required to retain records for two years, this amendment to the Regulations will result in incremental costs to stakeholders for the notification of TC every time this approach is leveraged. Qualitative benefits will stem from a reduction in required paperwork and retention periods for certain stakeholders, as well as a reduction in administrative burden for TC. Costs are expressed in 2023 dollars discounted to the base year of 2025 at a 7% rate.

Issues

The following issues have been raised over the years through various internal and external consultations, as well as through feedback received from the Standing Joint Committee for Scrutiny of Regulations (SJCSR).

Ambiguous, redundant, outdated, and misleading provisions

A number of regulatory provisions could be perceived as ambiguous or misleading as written. For example, some provisions in Part III of the Canadian Aviation Regulations (CARs) incorrectly identify the Minister of Transport (Minister) as the publisher of aeronautical information when, in fact, NAV CANADA is responsible for this. Similarly, the definition of “aeronautical information publications” has not been updated since the creation of the CARs and, therefore, does not capture all of the products included in NAV CANADA’s publications. Addressing these discrepancies will eliminate any potential confusion for industry with respect to what constitutes an aeronautical information publication and who is responsible for the publications.

In addition, there is a lack of consistency in the way aerodrome operators are providing their information to the Minister with respect to location, markings, lighting, and use and operation of the aerodrome. This occasionally results in unnecessary back and forth for clarifications between TC and aerodrome operators when information is missing or unclear. Clarifying that aerodrome operators must submit their information in accordance with the processes and procedures established by NAV CANADA will help ensure consistency across the country.

A number of issues have also been identified in the CARs where certain provisions are redundant, make incorrect references, or refer to external documents that have either been restructured or no longer exist. For example, section 604.56 of the CARs outlines the requirements related to Reduced Vertical Separation Minima (RVSM) for private operators. This section incorporates by reference eligibility requirements outlined in an advisory circular published by the Federal Aviation Administration (FAA) of the United States as well as requirements for navigation systems outlined in a guidance document created by the International Civil Aviation Organization (ICAO). Over the years, both documents have been restructured, resulting in the CARs now making a reference to specific sections that no longer exist. In other words, the requirements remain the same, but they are no longer accurately referenced in the CARs. Similarly, subsection 571.06(03) of the CARs makes a reference to flight authorities that have been issued pursuant to paragraph 507.08(1)(c) of the CARs, which was repealed years ago. Flight authorities are currently made pursuant to paragraph 507.08(1)(b). Failure to correct these references could lead to confusion for the aviation industry.

SJCSR identified section 405.21 of the CARs as being difficult to follow due to unnecessary circular references between the CARs (rules of conduct) and its associated standards (technical requirements). For example, subsection 405.21(5) of the CARs indicates that a person who conducts ground school instruction toward the issuance of a flight instructor rating may obtain a written authorization from the Minister to conduct the ground school instruction in accordance with the personnel licensing standards, of which paragraph 425.21(11)(b) refers the readers to section 406.24 of the CARs, which in turn refers the readers to section 426.24 of the Standard. Eliminating this unnecessary circular reference will facilitate the reader’s comprehension of the requirements. Similarly, the qualifications for flight instructors, which were previously found under Standard 421.84, are now located under Standard 425.21(2)(d). Amendments to section 405.21 are necessary to reflect this change.

Similarly, paragraphs 703.38(1)(a), 704.33(1)(a), and 705.40(1)(a) of the CARs require that passengers embark and disembark in accordance with the procedures identified in the Commercial Air Service Standards (CASS) and the air operator’s company operations manual. Paragraph 703.38(2) also imposes fuelling restrictions unless the fuelling is carried out in accordance with the CASS and the air operator’s company operations manual. Given that the manual must already be developed in accordance with the CASS, those provisions could simply state that the embarking and disembarking procedures, as well as the aircraft fuelling with passengers onboard, must be done in accordance with the CASS without referencing the company operations manual. Addressing these confusing and redundant references will facilitate comprehension of the requirements.

A perceived ambiguity in the CARs related to landing procedures when conducting instrument approaches was identified by TC inspectors. Several sections of the CARs prescribe that pilots must ascertain, by means of radiocommunication or visual inspection, the condition of the runway and the wind direction and speed prior to landing. This is an essential safety step that is being performed by all pilots prior to landing. However, TC inspectors noted that the Operating and Flight Rules section of the CARs related to instrument approaches, which applies to all pilots, does not explicitly include this requirement. Including it in this section of the CARs will eliminate any potential ambiguity by clarifying that it applies to all pilots and will align the CARs with existing practice.

Similarly, the requirements pertaining to record keeping with respect to the assignments of pilot in command and second in command are worded differently in different sections of the CARs. Currently, section 604, 703, and 704 operators are required to retain the records for 180 days while section 702 and 705 operators have no prescribed retention period. The absence of a prescribed retention period makes it ambiguous for these operators to know how long they must retain the records to demonstrate compliance during inspections and could lead some operators to retain the records indefinitely, or even disposing of the records prior to 180 days. Harmonizing the regulatory provisions will eliminate any ambiguity with respect to the retention period.

Since 2020, approximately four inquiries were made by air operators about whether the person responsible for the maintenance control system could be an individual that is part of a third-party organization and not a member of the operator’s permanent staff. The repeated inquiries over time highlighted the need to clarify the intent of the requirement to avoid confusion and align it with current practices by explicitly indicating that this core function of aircraft operation must, for safety reasons, remain within the air operator’s responsibilities and can therefore be only fulfilled by a member of the operator’s permanent staff.

In the Application for Airport Certificate section of the CARs, there is an outdated requirement for applicants for an airport certificate to submit an application that is “signed in ink.” The current practice, which has been in place for several years, is for applicants to send a letter to their TC regional office to express their interest in receiving certification. This letter can be signed electronically. Once the letter is received, TC provides the requestor with a list of documents required to support the certification, such as airport operations manual, safety management system. The requirement for the initial letter to be signed in ink is outdated and adds no value to the process. Removing this requirement will align the Regulations with existing practices.

The CARs currently include a rule of conduct (subsection 406.22(b)) that requires chief flight instructors to acknowledge in writing that they know, accept, and will carry out the responsibilities of their position. However, the CARs do not specify that chief flight instructors must actually “fulfill” the responsibilities of their position. For clarity and certainty, the rules of conduct for chief flight instructors should specify that a chief flight instructor actually has to fulfill the responsibilities of the position. Section 704.123 of the CARs, which relates to aircraft operating manuals, does not make a reference to its associated standard 724.123, which outlines the details in which an aircraft operating manual is to be written. While all affected stakeholders currently use standard 724.123 to determine how operating manuals should be written, having this reference in the CARs will clarify the regulator’s expectations.

Issues with terminology, definitions, and discrepancies between English and French versions of the CARs

Feedback received over the years through internal and external consultations highlighted a number of discrepancies between the English and French versions of the CARs, and some outdated terminology. For example, section 602.06 titled “Smoking” in the English version of the CARs is “Usage du tabac” (tobacco usage) in the French version. When the CARs were created in 1996, the policy intent was to prohibit smoking onboard aircraft and tobacco was the commonly used product. Given the increased use of new smoking devices that do not contain any tobacco product, such as electronic cigarettes, there is a need to update the French title so that the prohibition captures all types of smoking. Failure to address this discrepancy could make it difficult to take enforcement actions against those who smoke onboard an aircraft.

Nine provisions in the CARs have been flagged by the SJCSR because they use different terms to identify the same thing. For example, the terms “comply” and “adhere” are used interchangeably. Another example of a minor discrepancy is found in sections 406.41 (Defect Rectification and Control Procedures) and 706.05 (Defect Recording, Rectification and Control Procedures). While both sections have the exact same requirements, the titles of these sections are slightly different. In section 302 of the CARs, the English version of the text states that the operator of an airport shall “keep” the training records, while the French version uses “tenir à jour” (“keep up to date”). Given that the policy intent is for airport operator to keep the records and not keep them up to date, the use of the term “conserver” in the French version of the CARs would be more appropriate and would eliminate any potential confusion. A few other similar minor discrepancies have also been identified in Part III of the CARs and need to be corrected. While those are considered minor issues with no impact on operations, harmonizing the terminology and correcting the discrepancies will enhance clarity and eliminate any potential confusion.

Over the years, the acronym NOTAM (Notice to Airmen) has been revised by several of Canada’s international partners to eliminate its perceived gender bias. The United States has renamed the acronym to “Notice to Air Missions” and the ICAO does not refer to NOTAM as an acronym but rather a universally used term. Removing the reference to “airmen” from the Canadian definition will eliminate the perceived gender bias of the term and will allow Canada to align with the ICAO approach (i.e. NOTAM being a recognized term as opposed to an acronym).

The definition of Standard 621 in the English version of the CARs uses the term “obstruction” instead of “obstacle.” While this minor discrepancy does not substantively affect the requirements of Standard 621, the definition is not consistent with terminology used by ICAO.

In sections 702, 703, 704, and 705 of the CARs, there is an inconsistency between the English and French versions with respect to the phrases “line indoctrination training” (“formation de familiarisation en ligne”), “company indoctrination training” (“formation de familiarisation portant sur la politique de la compagnie”), and “aviation indoctrination training” (“formation de familiarisation portant sur la politique de l’aviation”). Amendments are needed to ensure a consistent application of these phrases to avoid confusion.

Unnecessary administrative burden

A number of minor irritants have been identified by internal and external stakeholders over the years with respect to requirements that result in unnecessary administrative burden.

For example, in relation to the content of a Foreign Air Operator Certificate (FAOC), the CARs require that the base of operations and the designated points in Canada (if applicable) be included on the certificate. TC inspectors determined that including the designated points in Canada has no added value given there is no restriction on where a foreign air operator can fly in Canada. Every time an operator wanted to change a designated point, they had to contact TC to have the FAOC amended. Given that TC has never denied such requests, and that listing the designated points in Canada was time consuming for TC and operators, designated points in Canada are no longer listed on FAOCs.

Another example of unnecessary burden is related to the medical examination requirement for students seeking a helicopter permit. There are various types of medical examinations (category 1, 2, 3 and 4 medical certificates) that pilots must undergo based on the type of license they seek to obtain. For example, airline pilots must complete a category 1 examination, under which they must undergo stringent medical evaluations, which include cardiovascular, neurological, respiratory and mental health assessments. On the other hand, other categories of pilots, such as recreational pilots, can complete a category 4 examination, which is less stringent and can be conducted by a family doctor. Currently, the CARs require a minimum of category 4 for students seeking an aeroplane permit but require a category 1 or 3 for students seeking a helicopter permit. TC subject matter experts (licensing and medical groups) reviewed these requirements and determined that students seeking a helicopter or aeroplane permit should be subject to the same medical requirements. Allowing helicopter students to proceed with a category 4 medical will align the requirement with what is currently required for aeroplane students and reduce administrative requirements. It should be noted that these requirements pertain only to the type of medical examination required; they do not pertain to the minimum fitness requirements for students seeking a helicopter or aeroplane permit.

Exemptions

Over the years, several exemptions have been issued, and often reissued, to provide industry with alternative means of compliance while achieving an equivalent level of safety. 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 subject to conditions. The Minister may issue an exemption from the CARs, subject to any terms and conditions that the Minister considers necessary, if the exemption is in the public interest and it is not likely to adversely affect aviation safety or security.

Exemptions are not meant to replace regulations. They are a temporary tool used by TC to provide flexibility for unique situations that require a deviation from existing requirements. For each exemption, an assessment paper is developed by TC to ensure that such exemption is in the public interest and is not likely to adversely affect safety or security. Continuously reissuing exemptions upon their expiration is costly and time consuming for TC and creates uncertainty for stakeholders who wonder whether the exemption will be reissued or not.

As part of the Regulatory Review Initiative, TC continuously assesses and monitors the impact of the global exemptions (i.e. available to anyone) to determine whether what has been temporarily permitted could be made permanent without compromising safety. As a result of this work, TC identified two global exemptions that should be codified into the Regulations.

Background

Introduced in 1996, the CARs outline the requirements that govern civil aviation in Canada. The CARs touch on all aspects of aviation, including aircraft identification and registration, airport operations, private and commercial operations, pilot training and licenses, air navigation services, etc. Over the years, the CARs have been amended to address aviation safety matters, usually with a focus on addressing the areas of greatest risk. The CARs are designed to comply with the Standards and Recommended Practices established by the ICAO, a specialized agency of the United Nations that was established to promote safe, efficient, and orderly international aviation.

Regulatory review

TC continuously reviews the CARs to determine if existing requirements are still necessary or if there is a way to alleviate administrative burdens without impacting safety.

In 2017–18, TC launched the Regulatory Review Initiative with the objective of modernizing the CARs and their associated standards to eliminate unnecessary administrative burdens for TC and industry. While the Regulations outline the rules of conduct for industry, the associated standards outline the technical requirements that support the rules of conduct. These standards are incorporated by reference into the CARs.

As part of the initiative, TC compiled a list of 1 900 irritants raised over the years through various internal and external consultations, but that were never addressed as limited resources were allocated to high-risk areas. Those irritants have been grouped based on themes, and several regulatory proposals have been brought forward to date.

The Regulations are linked to the Transportation Sector Regulatory Review Roadmap. The roadmap outlines a priority to amend the CARs to provide more flexibility, regulatory alignment, clarity and harmonization.

Incorporation by reference

Incorporation by reference is a drafting technique that introduces the content of an internal (TC) or external (non-TC) document (such as a policy, directive, list, or standard) into a regulation without having to reproduce the document’s text in the regulation. If a document is incorporated by reference into regulations, the incorporated wording has the same effect as if it appeared in the regulations.

Standing Joint Committee for the Scrutiny of Regulations

The SJCSR plays a vital role in the parliamentary oversight of federal regulations. Whenever Parliament delegates legislative authority to the executive branch or other regulation-making bodies, the SJCSR ensures that this delegated authority is exercised lawfully and appropriately. Some of the amendments capture SJCSR concerns related to misleading wording or perceived ambiguity in specific provisions, as well as some discrepancies identified between the English and French versions of the Regulations.

NAV CANADA

The Regulations address some ambiguities and outdated provisions related to services provided by NAV CANADA. This organization is a privately run, non-profit corporation that owns and operates Canada’s civil air navigation system. Its mandate encompasses several key responsibilities such as air traffic management, air navigation services, aeronautical information publications, and airport services. NAV CANADA also issues NOTAMs, which ensures that critical information affecting flight safety and operations, such as runway closures, airspace restrictions or other relevant updates, are promptly communicated to the aviation community.

Objective

The objective is to modernize the regulatory regime by making it outcome-based, risk informed, agile and transparent. This will be achieved by updating and clarifying existing provisions, removing redundancies and unnecessary administrative burdens, and aligning the terminology used with that of international partners. The amendments are expected to enhance the clarity of the Regulations, address concerns raised by the SJCSR, eliminate unnecessary administrative burden, align Canada’s regulatory framework with that of the ICAO, and codify into regulations temporary permissions that were provided through exemptions.

The objective of the codification of exemptions is to increase certainty and predictability for stakeholders about what activities are permitted under the CARs.

Description

The Regulations include amendments to various parts of the CARs that are deemed non-controversial with little or no impact on industry operations.

Address issues with ambiguous, redundant, outdated, and misleading provisions

The Regulations will clarify that where the operator of an aerodrome provides the Minister with information respecting the location, markings, lighting and operation of the aerodrome, the information will be submitted to NAV CANADA for publication and will not be published by the Minister. While aerodrome operators are already required to submit the information, the Regulations will specify that this information must be provided in accordance with the processes and procedures established by the provider of aeronautical information services, i.e. NAV CANADA. This will help ensure consistency in the way it is reported.

The Regulations will amend section 302.02(2) to remove the outdated requirement for signatures to be provided “in ink” when an operator applies for an airport certificate.

The Regulations will restructure section 405.21 to facilitate the comprehension of the requirements by removing unnecessary circular references between the CARs and its associated standards. Given that the qualifications of flight instructors have been moved from Standard 421 to Standard 425, the Regulations will be adjusted accordingly. While changes are being made to the structure of this section, the qualification requirements remain the same.

The Regulations will amend subsection 406.22(b) to clarify that a chief flight instructor must “fulfill” all the responsibilities of the position as set out in the applicable personnel licensing standards instead of acknowledging in writing that they know, accept, and will carry out the responsibilities of the position.

The Regulations will correct a technical error. Subsection 571.06(3) of the CARs, which outlines the requirements for the issuance of an additional flight authority, will be amended so that it refers to paragraph 507.08(1)(b) instead of paragraph 507.08(1)(c). Paragraph 507.08(1)(c) was repealed years ago, and its content was moved into paragraph 507.08(1)(b). This paragraph refers to modified aircraft where an additional flight authority is required in respect of the new configuration.

The Regulations will amend section 602.127 to clarify that all pilots, when landing following an instrument approach, must ascertain by means of radiocommunication or visual inspection the condition of the runway or surface of intended landing, as well as the wind direction and speed. While this requirement is already in place for private and commercial operators, including it in the “General Operating and Flight Rules” section of the CARs will clarify that it applies to all pilots.

The Regulations will amend section 604.56, which outlines reduced vertical separation minima requirements for private operators, to remove the incorporation by references to the FAA advisory circular and the ICAO guidance documents. Instead, TC will incorporate the same requirements, but in a Canadian standard. This amendment will eliminate the need to update the CARs again should the FAA or the ICAO modify the structure of those documents in the future. Incorporating the existing requirements into a Canadian standard will also give Canadian stakeholders an opportunity to provide feedback should a need arise to modify the standards, an opportunity that is not available when foreign documents are incorporated by reference. It should be noted that TC currently has no plans to modify these standards. The new standard will come into force at the same time as the Regulations and will be managed in accordance with TC policy on the use of incorporation by reference, which outlines the process for document selection and modification, as well as the roles of branches that share responsibility in the approval, administration, implementation, and enforcement related to the documents incorporated by reference. Given that the TC standard would mirror the existing requirements already being followed by all affected operators, and that TC would not introduce any new elements, no appreciable impacts for private operators are expected as a result of this change.

The Regulations will amend record-keeping requirements pertaining to the names of the pilot-in command and second in command for commercial operators to align with what is currently required for private operators. The amendment will clarify the retention period for 702 and 705 operators, which will be 180 days, and will harmonize the associated administrative monetary penalties with what is currently in place for 703 and 704 operators ($3,000 for individuals and $15,000 for corporations).

The Regulations will amend section 704.123 of the CARs to include a reference to its associated standard 724 – Commuter Operations – Aeroplanes, which outlines the details in which a manual is to be written. This change will align the regulatory framework with current 704 operations practices.

The Regulations will remove the reference to the operator’s manual in paragraph 703.38(1)(a), subsection 703.38(2), paragraphs 704.33(1)(a) and 705.40(1)(a) as it is redundant. The provisions will simply state that the passenger and cabin safety procedures must be established in accordance with their associated CASS.

The Regulations will amend section 706.03 to clarify that a person appointed in accordance with paragraph 706.03(1)(a) must be a member of the operator’s permanent staff. Given that the maintenance control responsibilities represent a core function of aircraft operation, it is imperative, for safety reasons, that this function remains within the air operator’s responsibilities. This change will not impact the way operations are currently conducted; it will simply clarify the requirement. There are currently no air operators with an appointed maintenance control person from a third-party organization.

Address issues with terminology, definitions, and discrepancies between English and French versions of the CARs

The Regulations will replace in the English version the word “adhere” with “comply” as appropriate throughout the CARs.

In paragraph 302.207(3)(a), the word “maintain” will be replaced with “retain” as this provision deals with the retention period of training records. The French version will also be revised to read “conserver” instead of “tenir à jour.”

The Regulations will make amendments to address several discrepancies between the English and French versions of the CARs. For example:

The Regulations will amend the definition of “aeronautical information publications” to include all 12 products currently being published by NAV CANADA, namely

The Regulations will amend paragraph 302.203(1)(e) to replace the word “responsibilities” with the word “duties” in order to align with paragraph 302.203(1)(g) and subsection 302.207(1).

Finally, the Regulations will amend the title of section 406.41 of the CARs to “Defect Recording, Rectification and Control Procedure” to match the title of section 706.05 of the CARs, given that both provisions contain the same requirements.

Remove unnecessary administrative burden

The Regulations will amend section 701.08 of the CARs to align with existing practices by removing the requirement for “designated points in Canada” to be listed on FAOCs.

The Regulations will amend paragraph 404.10(3)(a) of the CARs to provide additional flexibility with respect to the medical requirements for the Student Pilot Permits — Helicopter. The revisions will require a category 1, 3 or 4 medical examination for this permit instead of 1 or 3. This will align with the current requirement related to Student Pilot Permits — Aeroplane.

International alignment

NOTAM will no longer be considered an acronym for “Notice to Airmen.” Instead, the definition will be amended to adopt ICAO’s approach whereby NOTAM is referred to as a universally used term. The definition in the regulations will be revised to the following:

NOTAM means a notice containing information concerning the establishment or condition of, or change in, any aeronautical facility, service or procedure, or any air navigation hazard, the timely knowledge of which is essential to personnel concerned with flight operation.

The word “Obstruction” in the definition of Standard 621 will be revised to “Obstacles” to align with ICAO terminology.

Codifying exemptions into regulations

In 2021, TC introduced an amendment to section 605.27 of the CARs requiring that, “subject to subsection (2), the crew members on an aircraft shall be seated at their stations with their safety belts, including any shoulder harnesses, fastened.” This change inadvertently contradicted subsection 705.29(1) of the CARs, which provides flexibility to allow flight crew members to remove their shoulder harness during cruise flights at or above 10,000 feet above sea level. The change to 605.27 was never intended to remove the flexibility provided through subsection 705.29(1). The option for crew members on a large air carriers to remove the shoulder harness when the aircraft is above 10,000 feet has been in place since the creation of the CARs, and no safety issue has ever been reported or identified as a result of this flexibility. Therefore, TC issued exemption NCR-061-2021 to provide the necessary flexibility until regulatory changes could be made to address this discrepancy. The Regulations will codify this exemption.

During the COVID-19 pandemic, exemption NCR-099-2020 (later reissued as NCR-050-2021) was issued to provide flexibilities in exceptional situations where there is an incapacitated flight attendant (e.g. a flight attendant got sick on the first segment of flight and could not perform their duties for the next segment). TC has monitored the use of this exemption and is satisfied that this temporary measure could be made permanent without impacting aviation safety. As a result, 705 operators will now have two possible ways of continuing operations with an incapacitated flight attendant.

The first option, which is outlined in section 705.221, will be maintained. In this scenario, the pilot in command may authorize an employee of the air operator to occupy a flight attendant station until the aeroplane reaches the nearest airport at which the employee can be replaced by a flight attendant. Prior to the flight, the employee will receive a briefing on the operation of the emergency exits and on emergency procedures. This option can only be leveraged when the air operator is using the ratio of one flight attendant for each unit of 40 passengers or for each portion of such a unit.

The second scenario would permit air operators to operate with one less flight attendant. This option will require that procedures be established to maintain an equivalent level of safety. These procedures include a reduction of passenger numbers, reseating of passengers with due regard to emergency exits and relocation of flight attendants to take into account emergency duties. There will also need to be at least one flight attendant for each unit of 50 passengers.

For both options, the air operator will have to notify the Minister after the completion of each flight with information on the date of the flight, the flight number, the aerodrome of departure, and the name of the authorized employee occupying the flight attendant station (if the operator opts for this scenario). Given this new notification requirement, subsection 705.221(2) of the CARs, which requires air operators to keep a record of the replacement for at least two years, will be repealed.

Regulatory development

Consultation

TC held two consultations in 2022 and 2023 using the Canadian Aviation Regulation Advisory Council (CARAC) distribution list. Two Notices of Proposed Amendments (NPAs) were sent to over 1 900 industry members/associations asking them to provide feedback on the issues and proposed solutions. For each NPA, the industry was given 30 days to provide feedback.

The stakeholders who provided feedback were representatives from the aviation industry, including associations, airlines, and TC subject matter experts. There were a total of 24 comments sent in through the CARAC messaging system for both of the NPAs.

Stakeholders indicated that some of the changes proposed by TC could have significant impacts and/or impose costs. In light of such feedback, all the proposals for which a stakeholder identified a significant impact, cost, or burden have been removed from this regulatory proposal. Such changes will be reassessed as part of future regulatory proposals.

The remainder of the feedback consisted of general comments asking for clarification on the proposed changes and/or suggesting additional changes. For example, TC had originally proposed to remove an unnecessary reference to the company operation manual from paragraph 704.33(1)(a) of the CARs, which applies to 704 operators. Stakeholders supported this change and suggested that the same revision should be applied to 703 and 705 operators. TC agreed with the suggestion and has incorporated it into the proposed Regulations.

Further consultations were conducted directly with NAV CANADA on the proposed revisions to the definition of “aeronautical information publications” given that this falls under their responsibilities. NAV CANADA is supportive of the proposed changes.

Specific consultations were undertaken separately with the Canadian Business Aviation Association in September 2023 with respect to the definition of “smoking”. Support was received as this change will align the CARs with current industry practices.

Modern treaty obligations and Indigenous engagement and consultation

A modern treaty assessment was completed in accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation. The assessment concluded that the proposed regulatory package will have no modern treaty implications.

Instrument choice

Regulatory amendments are required to address the SJCSR’s concerns and ensure that the CARs are clear, consistent, and accurate. Given that most of the amendments are intended to facilitate the interpretation of existing regulatory requirements, amending the CARs was deemed to be the most effective way of resolving the identified issues. No non-regulatory options were considered.

Exemptions are not meant to replace regulations. They are a temporary tool used by TC to provide flexibility for unique situations that require a temporary deviation from the existing Regulations, as long as this deviation is in the public interest and does not adversely affect aviation safety or security.

With respect to the incorporation by reference of foreign documents in section 605.56, TC considered the option to simply propose a revision to refer to the appropriate sections of those documents; however, it would have required TC to propose regulatory changes every time the FAA or the ICAO modify their documents. In addition, this option would not provide industry with an opportunity to share feedback on future changes. Incorporating by reference the existing requirements through a Canadian standard was deemed to be the most effective option because it will allow TC to update the standard quickly (e.g. in accordance with changes to FAA and ICAO standards) without having to complete the regulatory amendment process and seek Governor in Council approval, which can be a complex and time-consuming process.

The definition of NOTAM is outlined in section 100.01 of the CARs and includes the full acronym (i.e. notice to airmen) which could create and/or perpetuate the perception of a gender bias. Amending the Regulations was determined to be the only way to eliminate the suggestion and/or perception of a gender bias and align with ICAO terminology.

Regulatory analysis

Analytical framework

The costs and benefits for the Regulations have been assessed in accordance with the Treasury Board of Canada Secretariat’s (TBS) Policy on Cost-Benefit Analysis by comparing the baseline scenario against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the Regulations. The regulatory scenario provides information on the intended outcomes of the Regulations.

The analysis estimates the impact of the Regulations over a 10-year period from 2025 to 2034. A year in this analysis constitutes a 12-month period starting from the registration date of the Regulations indicated in the Canada Gazette, Part II (expected in 2025), to the same date in the following year. Unless otherwise stated, all values are expressed in 2023 Canadian dollars and are discounted to the base year of 2025 at a 7% discount rate. Note that some values presented in text may not add up exactly due to rounding. Costs and benefits are considered for domestic stakeholders only; any costs or benefits to foreign stakeholders are considered out of the scope of this analysis.

It should be noted that the formulafootnote 2 used to calculate annualized values in the cost-benefit statement differs from that in TBS’s Canada’s Cost-Benefit Analysis Guide for Regulatory Proposals to align with the stated discounting approach.

Benefits and costs

Costs

The Regulations will result in some administrative costs on stakeholders. Industry stakeholders could see some additional costs associated with the requirement to notify TC when reducing the number of flight attendants due to incapacitation. Two methods of operating with a reduced number of flight attendants exist in the baseline scenario: one under an existing global exemption where air operators are able to operate with a reduced number of flight attendants and the other, already permitted under the CARs, where they are able to operate by replacing the incapacitated flight attendant with an employee. Under the baseline scenario, operators need to notify TC when they would like to operate under the exemption and retain records for two years when operating under the existing Regulations (with no requirement to notify TC). Under the regulatory scenario, air operators will continue to be able to leverage this flexibility. Under the regulatory scenario, notification of the Minister will be required in both situations.

While operators will no longer be required to retain records for two years in instances where another employee is used, the Regulations will result in incremental costs to stakeholders for notification to TC of such instances. The same information is anticipated to be drafted; however, some additional time (net of time saved from record keeping) will be required to send the information in email format to TC. It is estimated that these flexibilities will be leveraged 104.5 times annually, with the notification to the Minister taking an airline manager an additional 2 minutes to submit the notification via email at a wage rate of $66.68, including overhead. It is anticipated that the majority of cases will operate without an existing employee and therefore result in no incremental costs. However, TC is uncertain of the portion of cases where another employee would be used (as instances are kept in operators’ records, not TCs). In order to not underestimate costs, it is assumed that all cases will have related notification costs associated with a reduced number of flight attendants. This will result in time costs of $1,746 over the analytical time frame.

There will be no costs to the Government of Canada due to the administration and implementation of the Regulations. While the Regulations add specific retention periods for 702 and 705 operators subject to administrative monetary penalties, this is not anticipated to result in additional costs for TC. In addition, as the Regulations are simply adding a retention period to the existing requirement to designate a pilot in command and second in command, it is not expected that law enforcement, existing TC enforcement officers or TC inspectors will be required to take additional training. Training procedures currently in place have already encompassed all of the existing penalty ranges and requirements associated with the Regulations.

Benefits

The Regulations will result in benefits for several stakeholders, including student helicopter pilots, air carriers, pilots, and TC.

Helicopter students and physicians will realize benefits related to a reduction in requirements for obtaining a permit. Where previously, a class 1 or 3 medical exam was required, a class 4 will now suffice. The reduction in the complexity of the medical exam will result in reduced time required for filling and submitting paperwork for both student pilots and physicians, as well as allowing the student pilots the option to visit their family doctor (who has not been certified as a Civil Aviation Medical Examiner) instead of a Civil Aviation Medical Examiner. The ability to visit a family doctor will result in a reduction in the total amount of waiting time for students, due to the more limited number of physicians certified as Civil Aviation Medical Examiners. This will result in cost savings for an estimated 300 examinations per year. It should be noted that Civil Aviation Medical Examiners also charge a fee for a class 1 or 3 medical examination, which would mean that students could save further costs by visiting their family doctors instead; however, any cost savings to students from avoiding fees would result in a corresponding increase in costs to the government (taxpayers) who fund/pay for family doctor visits.footnote 3

Air operators and pilots will realize benefits related to cost savings related to several revisions. There will be a reduction in the required periods for retaining the names of the pilot in command and second in command for certain stakeholder groups. In addition, certain revisions will increase clarity and comprehension of the Regulations and reduce the time required to interpret them. The Regulations will also adopt certain ICAO terminology to harmonize requirements with international standards. Stakeholders will benefit from greater certainty as a result of the codification of temporary exemptions.

When applying for an airport certificate, stakeholders may realize some cost savings related to the formalization of the requirement to submit electronically rather than in paper format. While TC has been accepting electronic submissions for several years now, there is a chance that an airport may believe they need to submit a physical copy based on the current wording. The formalization of the acceptance of electronic submissions will mitigate this possibility.

TC will realize benefits related to a reduction in administrative work for renewing existing exemptions that will be codified by the Regulations. TC will also spend less time amending and updating FAOCs because it will no longer need to include the designated points in Canada. Furthermore, clarification of language in the Regulations will create cost savings for TC related to reduced time spent dealing with stakeholder inquiries. For example, there will be a reduction in the number of stakeholders contacting TC related to clarification on maintenance control system operator qualifications.

Cost-benefit statement
Monetized costs
Impacted stakeholder Description of cost 2025 Average (2026–2033) 2034 Total (present value) Annualized value
Industry Exemption Report Submission $232 $173 $126 $1,746 $232
Quantified and qualitative impacts

Positive impacts

Small business lens

Analysis under the small business lens concluded that the Regulations will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule applies as the Regulations are expected to result in incremental changes in administrative burden on business. All listed values below are presented in 2012 dollars, discounted to 2012 at a 7% rate. Time is costed out at a wage rate of $51.65, which is the Canada Job Bank average wage rate for an airline manager, presented in 2012 dollars including 25% overhead.

The new administrative tasks associated with the Regulations include a requirement for air operators to notify TC following an operation involving fewer than the required number of flight attendants as described in the “Description” section. The Regulations will introduce a requirement to submit a notification to TC when replacing an incapacitated flight attendant with another employee. Relative to the baseline scenario, costs will be incurred related to the drafting and submission of an email notification to be sent to TC following an applicable flight. TC estimates that the notification will be approximately half a page long, and it will take seven minutes to draft and submit in email format. Based on historical submissions, it is estimated that there will be 104.5 annual submissions resulting in costs of $1,964 over 10 years. To date, seven air operators have leveraged the existing exemption. It is assumed that these operators will be impacted by the Regulations. Other operators may choose to utilize this flexibility. However, due to uncertainty, this analysis only considers the impacts to the known operators.

There will be a reduction in administrative burden related to air operators no longer needing to record and retain records related to operating with a reduced number of flight attendants, when replacing an incapacitated flight attendant. TC estimates that the document will be approximately half a page long, and it will take five minutes to draft and store in company records. This will impact the same 104.5 annual submissions from the seven above-mentioned operators, and result in cost reductions of $1,403 over 10 years.footnote 5

There will also be a reduction in administrative burden related to the formalization of the change from “in ink” signatures to electronic signatures for airport certificate applications. Based on historical data, there will be an average of 0.8 airport certificate applications per year, impacting eight new airports over the analytical time frame. This will result in material cost savings of $0.89 per submission related to a postage stamp, and one page of paper (at a cost of $0.06 per page)footnote 4 per application. In total, this will result in cost savings of $2.21 over the analytical time frame.

In total, there will be a net increase in administrative burden on business of $559, resulting in annualized costs of $4.96 per business for the eight impacted new airports, and seven impacted air operators.

It is important to note that the administrative burden cost savings for airport operators estimated in this section are recorded for tracking purposes as per the Red Tape Reduction Regulations, but are not included in the cost-benefit analysis presented above. This is because, in practice, the impact on airport operators’ resource allocation has already taken place earlier. Airport operators have already realized the cost savings related to a 2019 amendment to the Canada Transportation Act that provides: ‘[f]or the purposes of an Act of Parliament that the Minister administers or enforces, a requirement under that Act to provide a signature or to provide information in a paper-based format is met if (a) an electronic version of the signature or information is provided by electronic means that are made available or specified by the Minister […].’

Present value base year: 2012
Annualized increase in administrative cost $74.37
Annualized increase in administrative cost
per business		 $4.96

Regulatory cooperation and alignment

The Regulations are not being introduced to comply with an international agreement or obligation, nor do they relate to a work plan or commitment under a formal regulatory cooperation forum. No direct or indirect impacts have been identified in relation to Canada’s trade agreements or Canada’s trade policy obligations.

The Regulations will align terminology in the CARs with terminology used by ICAO and by Canada’s international partners in the aviation sector. They will also align with the European Union Aviation Safety Agency (EASA) who has a similar relief for situations involving an incapacitated flight attendant.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, and the TC Policy Statement on Strategic Environmental Assessment (2013), the strategic environmental assessment (SEA) process was followed for this proposal and a sustainable transportation assessment was completed. A preliminary scan concluded that a strategic environmental assessment is not required, as no important environmental effects are anticipated as a result of the Regulations.

Gender-based analysis plus

A gender-based analysis plus (GBA+) determined that the Regulations, which are predominantly technical and administrative, are not expected to result in any negative impacts on the basis of gender or other identity factors. While the revision to the acronym “NOTAM” eliminates a perceived gender bias in the terminology, it is not expected to have an appreciable impact on gender representation in the air industry in the short to medium term. A similar change was made by the FAA, but there are no data to date to demonstrate that this change has impacted demographics in the air industry. Nevertheless, TC considers this an important change because it aims to ensure that gender-neutral terminology is used throughout the CARs, thereby helping to remove any potential suggestion or perception of a gender bias.

The Regulations are expected to have a positive impact for students as they will allow students seeking helicopter pilot permits to proceed with a category 4 medical examination. This change is expected to facilitate enrollment and reduce costs for students since the current category 3 medical examination is more detailed and must be completed by a CAME.

Otherwise, the Regulations are not expected to result in any differential impacts on the basis of gender, sex, sexuality, race, religion, age, or other identity factors.

Implementation, compliance and enforcement, and service standards

Implementation

The Regulations will come into force on the day on which they are published in the Canada Gazette, Part II.

The Regulations will address provisions and terminology that could be perceived as ambiguous or inconsistent, exemptions, and administrative requirements. Most of the Regulations clarify regulatory requirements and, therefore, do not require a change in existing implementation and enforcement procedures but rather enhance compliance by increasing industry’s understanding of what is required of them to maintain a safe air transportation service.

Stakeholders will be notified of the Regulations and of their entry into force through the CARAC process once they are published in the Canada Gazette, Part II.

Compliance and enforcement

TC will continue to enforce compliance with the CARs through the assessment of administrative monetary penalties for contraventions of designated provisions under sections 7.6 to 8.2 of the Aeronautics Act, which carry a maximum fine of $5,000 for individuals and $25,000 for corporations; or through suspension or cancellation of a Canadian aviation document pursuant to sections 6.9, 7 or 7.1 of the Aeronautics Act, or as applicable, proceeding by way of summary conviction, pursuant to section 7.3 of the Aeronautics Act.

Contact

Steve Palisek
Acting Director
Regulatory Affairs
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: TC.CARConsultations-RACConsultations.TC@tc.gc.ca