Aviation initiatives planned for April 2019 - April 2021

This plan provides information on planned and potential regulatory initiatives that Transport Canada expects to bring forward over the next two years, as published in the Canada Gazette (CG). It also identifies public consultation opportunities and a departmental contact point for each regulatory initiative.

On this page

Aviation Policy

CG I - Regulations amending the Transportation Information Regulations (Air travel performance data collection – Phase II) New

Enabling act

Transportation Modernization Act

Description

The proposed amendments create data reporting obligations on Canadian airports, the Canadian Transportation Agency and the Canada Border Services Agency Performance metrics would have to be reported Transport Canada in order to measure the experience of travellers within the transportation system to, from or within Canada.

Potential impacts on Canadians, including businesses

The impact on Canadians would be positive as the data would be used to inform the general public about best travel options and other components of the transportation system.

The impact on businesses has not yet been assessed, but should be in the same range as the impact calculated for the regulations amending the Transportation Information Regulations (Air Travel Performance Data Collection Phase I).

Consultations

No formal consultations have been conducted at this stage. However, this proposed regulations is being discussed with the Data and Performance Monitoring Working Group that is housed under the umbrella of the Air Consultative Committee. In addition, informal meetings have been held with representatives of Canadian Airports

It is anticipated that the proposed amendments would be pre-published in Canada Gazette, Part I, late 2019.

Departmental contact information

Greg Zawadzki
Director, National Air Services Policy
Transport Canada
Telephone: 613-993-4361
Email: greg.zawadzki@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

Airport Zoning

CG I - Regulations amending the Vancouver International Airport Zoning Regulations made under the Aeronautics Act (R.S.C., 1985, c. A-2)

Enabling act

Aeronautics Act, 5.4 - Airport Zoning

Description

An amendment is being proposed to the Vancouver International Airport Zoning Regulations, which were published on November 27, 1980.

Airport Zoning Regulations (AZR) are federal regulations that restrict the heights of buildings in the vicinity of an airport for the protection of safe aircraft operations. The Vancouver International Airport Zoning Regulations (SOR/80-902), were enacted in November 1980.

In 2016, the Vancouver Airport Authority revised its 20-year Master Plan to include options for an additional runway to accommodate increased air traffic. The objective of the proposed regulations is to provide zoning protection for future runway development and operation.

Potential impacts on Canadians, including businesses

Given the close proximity to the Cities of Richmond and Vancouver, the movement of cargo and passengers at Vancouver International Airport (YVR) contributes directly to commercial activities and services in the area. Projected growth in cargo and passenger movements requires a proactive effort to protect the airspace in the vicinity of YVR from incompatible development. The proposed amendment to the AZR is intended to protect the current and future usability and accessibility of the Airport.

Any increase in air traffic movements will result in a corresponding increase in the associated activities and services required. YVR is the major International Airport in western Canada and provides thousands of jobs directly and indirectly, as well as contributing to the local and national economies.

Regulatory cooperation efforts (domestic and international)

This initiative is not part of formal bilateral agreement.

Due to the site specific nature and scope of the regulation, no domestic or international regulatory coordination is required.

Consultations

The consultation required for Airport Zoning Regulations includes early notice to stakeholders of Transport Canada’s intention to make new or amended regulations; a 60 day formal public consultation period during which interested parties may make written representations to the Minister; and, notification when the Airport Zoning Regulations have been approved and deposited on record in the office of the provincial registrar of lands.

The target date for pre-publication of the final amendments in the Canada Gazette, Part I, is spring 2020, for a 60 day comment period.

Departmental contact information

Jamie Johnson
Regional Director Civil Aviation
Pacific Region
Transport Canada
Telephone: 604-666-5861
Email: jamie.johnson@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Fredericton International Airport Zoning Regulations

Enabling act

Aeronautics Act, 5.4 - Airport Zoning

Description

This regulation will repeal and replace the Fredericton Airport Zoning Regulations that were enacted in 1981. The proposed changes to the existing Airport Zoning Regulations will support the future development plans of the Fredericton International Airport.

The objective of the proposed changes to the existing Airport Zoning Regulations is to prevent development on lands near the Fredericton International Airport that is incompatible with the safe operation of the Airport.

The proposed Airport Zoning Regulations apply to lands near and adjacent to the Fredericton International Airport (excluding lands of C.F.B. Gagetown) and would limit the height of buildings, structures and objects, including objects of natural growth, prohibit interference with any signals or communication to aircraft, and prohibit land uses that would attract wildlife.

Potential impacts on Canadians, including businesses

The regulation is not anticipated to have a major impact on Canadians or businesses. The regulation will help protect the safety of the public by ensuring obstacles do not penetrate the approach, transitional and outer surfaces of the airport, in addition to preventing electronic interference with communications and reducing the safety threat to aircraft posed by birds, wildlife and vegetation growth.

By protecting the current, future usability and accessibility of the airport, the proposed Airport Zoning Regulations will help facilitate any future airport development and expansion plans.

Also the proposed Airport Zoning Regulations will not apply direct costs to any group, but may prevent development and represent an opportunity cost.

Regulatory cooperation efforts (domestic and international)

The amendment will primarily restrict the height of obstacles and prevent incompatible land uses around the airport which is important to ensure aviation safety and viability of the Fredericton International Airport.

Due to the site specific nature and scope of the regulation, no domestic or international regulatory coordination is required.

Consultations

The consultation required for Airport Zoning Regulations includes early notice to stakeholders of Transport Canada’s intention to make new or amended regulations; a 60 day formal public consultation period during which interested parties may make written representations to the Minister; and, notification when the Airport Zoning Regulations have been approved and deposited on record in the office of the provincial registrar of lands.

The target date for pre-publication of the regulation in Canada Gazette, Part I, is fall 2020 for a 60 day consultation period.

Further information

Further information may be obtained from the Transport Canada Atlantic regional office.

Departmental contact information

Stacey Mason
Regional Director Civil Aviation
Atlantic Region
Transport Canada
Telephone: 506-851-7564
Email: stacey.mason@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Greater Moncton Roméo Leblanc International Airport Zoning Regulations

Enabling act

Aeronautics Act, 5.4 - Airport Zoning

Description

This regulation will repeal and replace the Moncton Airport Zoning Regulations that were enacted in 1990. The proposed changes to the existing Airport Zoning Regulations will support the completed runway expansion and the future development plans of the Greater Moncton Roméo Leblanc International Airport.

The proposed zoning regulations apply to lands near and adjacent to the Greater Moncton Roméo Leblanc International Airport and would limit the height of buildings, structures and objects, including objects of natural growth, prohibit interference with any signals or communication to aircraft, and prohibit land uses that would attract wildlife (particularly birds) that may create a hazard for aviation safety.

Potential impacts on Canadians, including businesses

The regulation is not anticipated to have a major impact on Canadians or businesses. The proposed regulations will help protect the safety of the public by ensuring obstacles do not penetrate the approach, transitional and outer surfaces of the airport, in addition to preventing electronic interference with communications and reducing the safety threat to aircraft posed by birds and wildlife.

By protecting the current and future usability and accessibility of the airport, the proposed regulations will facilitate the airport’s plan to be a regional economic driver by expanding cargo and passenger operations.

Also the proposed Airport Zoning Regulations will not apply direct costs to any group, but may prevent development and represent an opportunity cost.

Regulatory cooperation efforts (domestic and international)

The amendment will primarily restrict the height of obstacles and prevent incompatible land uses around the airport which is important to ensure aviation safety and viability of the Fredericton International Airport.

Due to the site specific nature and scope of the regulation, no domestic or international regulatory coordination is required.

Consultations

The consultation required for Airport Zoning Regulations includes early notice to stakeholders of Transport Canada’s intention to make new or amended regulations; a 60 day formal public consultation period during which interested parties may make written representations to the Minister; and, notification when the Airport Zoning Regulations have been approved and deposited on record in the office of the provincial registrar of lands.

The target date for pre-publication of the regulation in Canada Gazette, Part I, is fall 2020 for a 60 day consultation period.

Further information

Further information may be obtained from the Transport Canada Atlantic regional office.

Departmental contact information

Stacey Mason
Regional Director Civil Aviation
Atlantic Region
Transport Canada
Telephone: 506-851-7564
Email: stacey.mason@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Saskatoon John G. Diefenbaker International Airport Zoning Regulations

Enabling act

Aeronautics Act, 5.4 - Airport Zoning

Description

This is a proposal to repeal and replace the current Saskatoon Airport Zoning Regulations. The existing regulations were enacted in 1987 and no longer appropriately protect the ongoing operation of the airport nor the airport’s long-term plans due to development at the airport and in the surrounding area.

The objective of the regulation is to prevent the lands adjacent to, and in the vicinity of the Saskatoon John G. Diefenbaker International Airport from being used or developed in a manner that is incompatible with the safe operation of an aircraft or airport.

The proposed regulation limits the height of buildings, structures and objects, including objects of natural growth, in the vicinity of the airport, prohibits land uses that cause interference with any signals or communications to aircraft and restricts activities or uses that attract wildlife (particularly birds) that may create a hazard for aviation safety.

Potential impacts on Canadians, including businesses

The regulation is not anticipated to have a major impact on Canadians or businesses. The regulation would limit the height of buildings in developments planned around the airport which could result in a loss of potential future revenue for the municipality. It is not expected at this time that the proposed regulations will interfere with or contradict the City of Saskatoon’s municipal plan. The open water reservoir and landfill portions of the Wildlife Hazard clause of the proposed regulations were developed in consultation with the City of Saskatoon.

Any existing buildings that violate any portion of these proposed regulations will be grandfathered, but will not be permitted to make modifications.

Key Stakeholders who may potentially be impacted by the proposal are the City of Saskatoon and private landowners in the vicinity of the Saskatoon John G. Diefenbaker International Airport and Five First Nations.

Regulatory cooperation efforts (domestic and international)

The amendment will primarily restrict the height of obstacles and prevent incompatible land uses around the airport which is important to ensure aviation safety and viability of the Saskatoon John G. Diefenbaker International Airport. Due to the site specific nature and scope of the regulation, no domestic or international regulatory coordination is required.

Consultations

The consultation required for Airport Zoning Regulations includes early notice to stakeholders of Transport Canada’s intention to make new or amended regulations; a 60 day formal public consultation period during which interested parties may make written representations to the Minister; and, notification when the Airport Zoning Regulations have been approved and deposited on record in the office of the provincial registrar of lands.

The target date for pre-publication of the regulation in Canada Gazette, Part I, is fall 2020 for a 60 day consultation period.

Further information

Further information may be obtained from the Transport Canada Prairies and Northern Region office.

Departmental contact information

Jean-Stéfane Bergeron
Regional Director Civil Aviation
Prairie and Northern Region
Transport Canada
Telephone: 204-983-4373
Email: jean-stefane.bergeron@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Windsor Airport Zoning Regulations New

Enabling act

Aeronautics Act, 5.4 - Airport Zoning

Description

An amendment is being proposed to the Windsor Airport Zoning Regulations.

Airport zoning regulations are federal regulations that restrict the heights of buildings in the vicinity of an airport and prohibit lands, adjacent to and in the vicinity of an airport from being used or developed in a manner that is incompatible with the safe operation of aircraft.

The Windsor International Airport is classified as an Airport of Entry and is staffed by the Canada Border Services Agency. Its proximity to the Metro Detroit area and the location of important transport infrastructure has allowed the region to be a central focus of trans-border business activity.

The Windsor Airport Zoning Regulations were deposited in the Land Registry Offices on October 27, 1981. Since then, the Airport has seen an increase in air traffic, and has recently examined their Airport Zoning Regulations and determined that the existing regulations no longer adequately protects the current and future operations of the airport.

The proposed amendment to the Windsor Airport Zoning Regulations is intended to make certain that the airport remains viable and can meet current and future certification requirements as the Airport grows and develops, by ensuring that the surrounding land developments (e.g. buildings, communication towers, etc.) do not interfere with the safe operation of aircraft, by limiting the height of obstacles and prevent incompatible land uses around the airport.

Potential impacts on Canadians, including businesses

The regulation is not anticipated to have a major impact on Canadians or businesses.

The City of Windsor is the current airport owner and has requested the amendment to the Windsor Airport Zoning Regulations. The airport is a vital transportation asset for the City of Windsor and amending the Windsor Airport Zoning Regulations will protect the current and future viability of the Windsor International Airport.

Although the regulation would limit the height of buildings in developments planned around the airport, the City of Windsor supports the amendment as a way to ensure the future viability of the Airport and support the Airport’s Master Plan to serve the Windsor-Essex Region as strategic gateway to the United States.

Regulatory cooperation efforts (domestic and international)

Due to the site specific nature and scope of the regulation, no domestic or international regulatory coordination is required.

Consultations

The consultation required for Airport Zoning Regulations includes early notice to stakeholders of Transport Canada’s intention to make new or amended regulations; a 60 day formal public consultation period during which interested parties may make written representations to the Minister; and, notification when the Airport Zoning Regulations have been approved and deposited on record in the office of the provincial registrar of lands.

The target date for pre-publication of the regulation in Canada Gazette, Part I, is fall 2020 for a 60 day consultation period.

Further information

Further information may be obtained from the Transport Canada Ontario Region Office.

Departmental contact information

Imtiazali(Imi) Waljee
Regional Director, Civil Aviation Ontario Region
Transport Canada
Telephone: 416-952-0167
Email: imi.waljee@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Region of Waterloo International Airport Zoning Regulations New

Enabling act

Aeronautics Act, 5.4 - Airport Zoning

Description

An amendment is being proposed to the Region of Waterloo International Airport Zoning Regulations.

Airport zoning regulations are federal regulations that restrict the heights of buildings in the vicinity of an airport and prohibit lands, adjacent to and in the vicinity of an airport from being used or developed in a manner that is incompatible with the safe operation of aircraft.

The Region of Waterloo International Airport is classified as an Airport of Entry and is staffed by the Canada Border Services Agency. The Region of Waterloo International Airport is a public use, land airport for scheduled and chartered air carriers. It supports the general aviation community that includes one of Canada’s largest professional flight training schools and one of the newest NAV CANADA air traffic control tower in the country.

The proposed amendment to the Region of Waterloo International Airport Zoning Regulations is intended to make certain that the airport remains viable and can meet current and future certification requirements as the Airport grows and develops, by ensuring that the surrounding land developments (e.g. buildings, communication towers, etc.) do not interfere with the safe operation of aircraft.

Potential impacts on Canadians, including businesses

The regulation is not anticipated to have a major impact on Canadians or businesses.

The proposed Region of Waterloo International Airport Zoning Regulations will support the Airport’s Master Plan to serve the increased demand for air travel in Southern Ontario. The Airport’s Master Plan includes the long range planning and development of the surrounding lands, improved air service, customer service and business development over the next 20 years in support of the Municipality of Waterloo’s investment in the airport.

The Municipality of Waterloo is the owner and operator of the Region of Waterloo International Airport. The Municipality has requested the amendment to the Region of Waterloo International Airport and are paying the associated costs. The airport is a key transportation asset for the Region of Waterloo which includes several cities, municipalities and townships in Southern Ontario.

Regulatory cooperation efforts (domestic and international)

Due to the site specific nature and scope of the regulation, no domestic or international regulatory coordination is required.

The amendment will limit the height of obstacles and prevent incompatible land uses around the airport which is important to ensure the safe operation of aircraft and future viability of the airport.

Consultations

The consultation required for Airport Zoning Regulations includes early notice to stakeholders of Transport Canada’s intention to make new or amended regulations; a 60 day formal public consultation period during which interested parties may make written representations to the Minister; and, notification when the Airport Zoning Regulations have been approved and deposited on record in the office of the provincial registrar of lands.

The target date for pre-publication of the regulation in Canada Gazette, Part I, is winter 2021 for a 60 day consultation period.

Further information

Further information may be obtained from the Ontario Region Office.

Departmental contact information

Imtiazali(Imi) Waljee
Regional Director, Civil Aviation Ontario Region
Transport Canada
Telephone: 416-952-0167
Email: imi.waljee@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG II - Pickering Airport Site Zoning Regulations

Enabling act

Aeronautics Act, 5.4 - Airport Zoning

Description

An amendment is being proposed to the Pickering Airport Site Zoning Regulations.

Airport zoning regulations are federal regulations that restrict the heights of buildings in the vicinity of an airport or airport site and prohibit lands, adjacent to and in the vicinity of an airport or airport site from being used or developed in a manner that is incompatible with the safe operation of aircraft.

Since the enactment of the Pickering Airport Site Zoning Regulations in 2005, Transport Canada has determined that only a portion of the designated lands would be required for a future airport. Therefore, amendment of the original regulations is needed to reflect the smaller airport site.

The proposed amendment to the Pickering Airport Site Zoning Regulations is intended to make certain that the airport site will meet future certification requirements by ensuring that the surrounding land developments (e.g. buildings, communication towers, etc.) do not interfere with the safe operation of aircraft.

Potential impacts on Canadians, including businesses

The regulation is not anticipated to have a major impact on Canadians or businesses.

The amendment being proposed to the Pickering Airport Site Zoning Regulations identifies a smaller airport site requiring only a portion of the designated lands for a future airport which should lessen development restrictions.

Regulatory cooperation efforts (domestic and international)

In cooperation with Transport Canada, the Province of Ontario enacted Ministerial Zoning Orders to ensure that land use and new development proposals on lands adjacent to the Pickering Airport Site would remain compatible with a future airport.

Consultations

The consultation required for Airport Site Regulations includes early notice to stakeholders of Transport Canada’s intention to make new or amended regulations; a 60 day formal public consultation period during which interested parties may make written representations to the Minister; and, notification when the airport zoning regulations have been approved and deposited on record in the office of the provincial registrar of lands.

The Pickering Airport Site Zoning Regulations were pre-published in Canada Gazette, Part I, on July 18, and July 25, 2015 followed by a 60 day consultation period.

Further consultation post Canada Gazette, Part I, was conducted between March 2016 and Summer 2017, pertaining to both the existing protections and proposed regulatory amendments. Stakeholders included but not limited to, members of the public, Indigenous groups, the Province of Ontario, and regional and local municipalities.

The target date for publication in Canada Gazette, Part II, is May 2019.

Further information

Transport Canada is the federal custodian of the Pickering Lands and is responsible for the costs associated with designating the Airport Site and enacting the Airport Zoning Regulations.

Further information may be obtained from the Transport Canada Ontario Region Office.

Departmental contact information

Imtiazali(Imi) Waljee
Regional Director, Civil Aviation Ontario Region
Transport Canada
Telephone: 416-952-0167
Email: imi.waljee@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2015

Aviation Security

CG I - Amendments to Canadian Aviation Security Regulations 2012 for locked checked baggage

Enabling act

Aeronautics Act

Description

If X-ray technology identifies an area of concern when checked baggage is screened, the Canadian Air Transport Security Authority (CATSA) is required to conduct additional screening inside of the checked bag. If a bag is sealed or is secured with a lock that CATSA cannot open using approved specialized keys, the seal or lock must be broken in order for the screening process to be completed. A bag that has not been fully screened cannot be placed on board an aircraft. CATSA maintains a detailed record of each instance when a checked bag needs to be opened and screened and a notification card is left inside the checked bag to advise the passenger that the bag was opened and searched.

Breaking a seal or a lock on a checked bag that requires additional screening has always been carried out by air carriers. The proposal would allow CATSA rather than air carriers to perform this function.

Potential impacts on Canadians, including businesses

Impact on travelers: If the procedures remain the same but that seals and locks are broken by CATSA rather than air carriers, air travelers would not be impacted as it would simply be a transfer of responsibilities.

Impact on CATSA: The proposed amendments would require CATA to develop and administer training for its screening officers. CATSA would also be required to purchase and deploy the tools necessary to break locks and seals. Also, CATSA would no longer have to contact the air carrier and wait for a representative to cut a lock or seal.

Impact on Air Carriers: Air carriers would benefit from not having to be called down to the checked baggage room to cut a lock or seal.

Regulatory cooperation efforts (domestic and international)

The proposed amendments would align CATSA’s checked baggage screening procedures with those of the United States Transportation Security Administration.

Consultations

In the spring of 2014, the department undertook consultations with the public. An additional public consultation is expected to take place in March/April 2019.

The target date for pre-publication of the final amendments in the Canada Gazette, Part I, is fall 2019, for a 30 day comment period. The target date for publication of the final amendments in the Canada Gazette, Part II, is spring 2020.

Further information

Manufacturer, shippers, freight forwarders and air carriers can learn more about the Air Cargo Security Program by accessing the webpage.

Departmental contact information

Francine Massicotte
Manager/Senior Policy Advisor, Aviation Security
Transport Canada
Telephone: 613-991-3875
Email: Francine.Massicotte@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2018

Civil Aviation

CG I - Regulations amending the Canadian Aviation Regulations (CAR 104, Schedule V – Aeronautical product approvals) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This proposed amendment would increase the fees associated with the review and approval of aeronautical products by Transport Canada.

Transport Canada performs many activities that directly benefit the Canadian aerospace industry, including approving aeronautical product designs. Approval of these designs is one step in the process necessary for an aircraft to receive “flight authority”. Flight authority confirms that the aircraft is in compliance with the applicable type design and is fit and safe for flight. Flight authority is required before an aircraft is allowed to fly.

To receive flight authority, an aircraft’s overall design and its major aeronautical components must be approved, indicating they meet design standards set by the International Civil Aviation Organization. Transport Canada issues initial approval documents to Canadian-based companies, and facilitates the issuance of approval documents to Canadian companies in foreign jurisdictions, allowing these companies to sell their products abroad. TC also issues approval documents to foreign companies wishing to sell their products for use in Canada.

The objective of the proposed amendment is to update Schedule V – Aeronautical Product Approvals of Subpart 104 of the Canadian Aviation Regulations, which authorizes Transport Canada to charge fees for aeronautical product approvals. Transport Canada currently charges fees for aeronautical product approvals, however, the fees have not been updated since 1998 and no longer reflect the current certification environment. Over the last 20 years, new technologies have made the approval of aeronautical product designs a more complex and labour-intensive undertaking. The proposed amendment would establish sustainable and equitable fees for aeronautical product approvals.

Potential impacts on Canadians, including businesses

The proposed amendment applies to businesses that design aeronautical products. The impacted businesses range from large Canadian-based companies to sole proprietorships developing and marketing individual aeronautical components. The fixed fees will remain relatively low to encourage continued growth and innovation in the industry. There may be an impact on trade associated with the proposed amendment.

There are no impacts on the Canadian public.

Regulatory cooperation efforts (domestic and international)

The fees charged by other countries (Australia, European Union, New Zealand and the United States) were considered in the development of the revised proposed CAR 104 Schedule V fees.

Consultations

In 2014, Transport Canada engaged the aerospace industry through a Transport Canada-led working group which reviewed and discussed the fee modernization options under consideration.

In February 2018, Transport Canada presented the broad goals and timeframes associated with this initiative to stakeholders at the plenary session of the Canadian Aviation Regulation Advisory Council (CARAC).

Between March 2018 and May 2018, Transport Canada held five Preliminary Engagement sessions with industry stakeholders and trade associations representing members of the aerospace sector.

The Fee Modernization Proposal was posted on the Transport Canada “Let’s Talk Fee Modernization” webpage for a 45-day comment period on September 6, 2018. Following the close of the Let’s Talk comment period, TC held a one-day workshop with members of the Canadian industry and two industry associations to discuss their concerns.

It is anticipated that the proposed amendments will be pre-published in Canada Gazette, Part I, in late-2019 with a 30-day comment period.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Regulations amending the Canadian Aviation Regulations (Various subjects) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This amendment would address various issues raised by the Standing Joint Committee for the Scrutiny of Regulations, including inconsistencies of terms and clarifications in various provisions of the Canadian Aviation Regulations (CARs), pertaining to:

  • SOR/2005-173: Regulations Amending the Canadian Aviation Regulations (Parts I, IV, V and VII) – Safety Management Systems (SMS);
  • SOR/2006-85: Regulations Amending the Canadian Aviation Regulations (Parts I and III) – Management of Wildlife at Airports;
  • SOR/2007-262: Regulations Amending the Canadian Aviation Regulations (Parts I and III) – Airport Emergency Planning;
  • SOR/2007-290: Regulations Amending the Canadian Aviation Regulations (Parts I, III and VIII) – SMS-Airports and Air Navigation Services;
  • SOR/2007-87: Regulations Amending the Canadian Aviation Regulations (Parts I, III, VI and VII) – Heliports;
  • SOR/2009-152: Regulations Amending the Canadian Aviation Regulations (Parts I and VII);
  • SOR/2009-280: Regulations Amending the Canadian Aviation Regulations (Parts I, II and IV to VII) – CAR 521;
  • SOR/2009-90: Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VII) – Unruly Passengers; and
  • SOR/2014-131: Regulations Amending the Canadian Aviation Regulations (Parts I, II, IV, VI and VII) – Private Operators.

Potential impacts on Canadians, including businesses

Any impacts on the Canadian public or businesses are expected to be minimal.

Regulatory cooperation efforts (domestic and international)

This initiative is not related to regulatory cooperation efforts.

Consultations

It is anticipated that stakeholders will be consulted in late 2019 via the Canadian Aviation Regulation Advisory Council (CARAC).

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG II - Regulations amending the Canadian Aviation Regulations (Part V – Carbon dioxide (CO2) emissions standards)

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This amendment to Subpart 521 of the Canadian Aviation Regulations would require the adoption of new international aeroplane carbon dioxide emissions certification standards by aeroplane manufacturers. A corresponding change to Chapter 516 of the Airworthiness Manual (AWM) would also be required as this chapter incorporates by reference environmental standards and practices for aviation in Canada.

The objective of the amendment would be to ensure that aeroplanes manufactured in Canada meet international carbon dioxide emissions standards in an effort to reduce greenhouse gas emissions.

Potential impacts on Canadians, including businesses

This regulatory amendment would apply to Canadian manufacturers of aeroplanes. The amendment would have a phased-in approach which would require new type designs for large aeroplanes to meet the standard by January 1, 2020. The new requirement would apply to smaller aeroplane type designs (aeroplanes with a take-off mass of less than or equal to 60 tonnes and with a maximum seating capacity of less than or equal to 19 seats), and any in production aeroplane type designs on January 1, 2023.

Regulatory cooperation efforts (domestic and international)

Canada has made an international commitment to adopt the International Civil Aviation Organization’s (ICAO) carbon dioxide emissions standards. This regulatory amendment will fulfill Canada’s international commitment and align Canada with its international partners.

Consultations

Stakeholders were consulted via the Canadian Aviation Regulation Advisory Council (CARAC), with the release of a Notice of Proposed Amendment in December 2018.

The target date for pre-publication of the final amendment in the Canada Gazette, Part II, is end of-2019, however, Transport Canada is seeking an exemption from publication in the Canada Gazette, Part I.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Regulations amending the Canadian Aviation Regulations (Part VII – Contaminated runways)

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

The proposed amendment would require Subpart 705 air operators to use performance information related to the condition of the runway (wet or contaminated with water, slush, snow, compacted snow, frost or ice) when making take-off or landing decisions. Wet or contaminated runways are a serious hazard to aviation safety; these conditions, when not taken into account, can result in incidents or accidents (e.g., runway overruns).

The objective of this proposed amendment would be to enhance aviation safety by requiring air operators to utilize performance information in conditions of wet and contaminated runways.

Potential impacts on Canadians, including businesses

This proposed regulatory amendment would apply to Subpart 705 air operators (airline operations).

Regulatory cooperation efforts (domestic and international)

The proposed amendment would align Canada with its international partners (e.g., the European Union and the United States).

Consultations

It is anticipated that stakeholders will be consulted in 2019 via the Canadian Aviation Regulation Advisory Council (CARAC).

The target date for pre-publication of the proposed amendment in the Canada Gazette, Part I, is 2020, for a 30-day comment period.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2015

CG I - Regulations amending the Canadian Aviation Regulations (Parts I and IV – Approved training organizations)

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This proposed amendment would introduce the elements necessary for the certification of Canadian-approved training organizations (ATOs), which will be responsible for conducting training towards the issuance of a pilot licence, permit or rating.

The objective of the proposed amendment would be to harmonize the Canadian regulations regarding training organizations with the International Civil Aviation Organization (ICAO) standards.

Potential impacts on Canadians, including businesses

Anyone interested in becoming an approved training organization in order to provide training towards the issuance of a pilot’s licence, permit or rating may be impacted. Current flight training units may want to become approved training organizations.

Regulatory cooperation efforts (domestic and international)

The proposed amendment would comply with the International Civil Aviation Organization’s international standards for approved training organizations.

Consultations

It is anticipated that the proposed amendment will be pre-published in Canada Gazette, Part I, in early 2021 with a 30-day comment period.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2014

CG II - Regulations amending the Canadian Aviation Regulations (Parts I, V and VI – Emergency locator transmitters)

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This proposed amendment would mandate that Canadian aircraft, with the exception of gliders, balloons, airships, ultra-light aeroplanes and gyroplanes, be equipped with a 406 MHz Emergency Locator Transmitter (ELT) onboard.

The overall objective is to safeguard aviation safety in Canada by ensuring that ELTs on Canadian aircraft are transmitting at the monitored 406 MHz frequency. The amendment would:

  • improve public safety by increasing the likelihood that an aircraft distress signal will be received;
  • improve the efficiency of the search and rescue operations; and
  • reduce the time and resource costs associated with false alarms.

Potential impacts on Canadians, including businesses

This proposed amendment applies to

  • air operators (Subpart 705 – Airline Operations, Subpart 704 – Commuter Operations, Subpart 703 – Air Taxi Operations, Subpart 702 – Aerial Work Operations);
  • private operators who are subject to Subpart 604 – Private Operators;
  • recreational operators; and
  • foreign operators.

There may be business impacts to operators who would be required to acquire, register and install 406 MHz ELTs.

Regulatory cooperation efforts (domestic and international)

The proposed amendment would align Canada’s ELT requirements with standards set by the International Civil Aviation Organization (ICAO).

Consultations

Stakeholders were consulted via the Canadian Aviation Regulation Advisory Council (CARAC) in 2015.

The proposed amendment was pre-published in the Canada Gazette, Part I, on June 1, 2019 with a 30-day comment period.

The target date for publication in Canada Gazette, Part II, is mid-2020.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2016

CG I - Regulations amending the Canadian Aviation Regulations (Parts I, III and VI to VIII – Water airports)

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This proposed amendment would establish the aerodrome safety components necessary for a water aerodrome to be certified as an airport.

The objective of this regulatory amendment would be to establish the criteria under which a water aerodrome can become certified as an airport.

Potential impacts on Canadians, including businesses

This proposed amendment would apply to individuals or businesses that would be interested in being issued a water airport certificate. Current uncertified water aerodromes seeking to become a certified water airport would be required to apply for a water airport certificate and meet all of the requirements outlined in the amendment.

Regulatory cooperation efforts (domestic and international)

There are currently no international standards for water airports and other countries have not developed regulations regarding the certification of water airports. This initiative is not related to regulatory cooperation efforts.

Consultations

It is anticipated that stakeholders will be consulted in 2019 via the Canadian Aviation Regulation Advisory Council (CARAC).

The target date for pre-publication of the proposed amendment in the Canada Gazette, Part I, is 2020, for a 30-day comment period.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2014

CG I - Regulations amending the Canadian Aviation Regulations (Parts I, III and VI – RESA)

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This proposed amendment would introduce requirements at select airports to meet the physical characteristics for Runway End Safety Area (RESA) in order to mitigate the adverse consequences of runway excursions.

The overall objectives of the proposed amendment are to increase the safety for the travelling public and crews, to address a Transportation Safety Board (TSB) recommendation, and to better align Canada’s regulatory framework with international standards.

Potential impacts on Canadians, including businesses

The proposed regulatory amendments would apply to Canadian airports with an annual passenger threshold over 325,000. These airports would be required to extend their current safety area from the existing mandated 60 m to 150 m at the ends of runways that serve scheduled commercial passenger flights.

Regulatory cooperation efforts (domestic and international)

The proposed amendment would align with the International Civil Aviation Organization’s Standards and Recommended Practices.

Consultations

Stakeholders were formally consulted on the policy in 2010 and 2016 via the Canadian Aviation Regulation Advisory Council (CARAC).

The target date for pre-publication of the proposed amendments in the Canada Gazette, Part I, is spring 2019, for a 30-day comment period.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2017

CG I - Regulations amending the Canadian Aviation Regulations (Part III – Airside access and vehicle control)

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This proposed amendment would address runway incursions between aircraft or between aircraft and vehicles as these incursions pose a risk to aviation safety. A runway incursion is an incident where an unauthorized aircraft, vehicle or person is on a runway. The primary objective of this proposed amendment is to reduce the number of collisions on runways by requiring the establishment of a vehicle control planning and operator training program at all certified airports in Canada.

The proposed amendment would require all certified airport operators in Canada to develop traffic directives, procedures and training for the operators of vehicle and equipment that are used on aprons and maneuvering areas.

Potential impacts on Canadians, including businesses

Airport operators will be impacted by the proposed amendment.

Regulatory cooperation efforts (domestic and international)

This initiative is not related to regulatory cooperation efforts.

Consultations

It is anticipated that the proposed amendment will be pre-published in Canada Gazette, Part I, in spring 2020 with a 30-day comment period.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Regulations amending the Canadian Aviation Regulations (Parts I, VI and VII – Night visual flight rules (VFR) operations) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This proposed amendment would address the safety risks associated with night visual flight rules (VFR) operations. Numerous incidents and accidents have been attributed to night VFR operations and have been the subject of several Transportation Safety Board (TSB) recommendations over the years.

The objective of the proposed amendment is to introduce the use of Night Vision Imaging Systems (NVIS) into the Canadian civil aviation regulatory framework as a way to significantly increase the safety of night VFR flights and operations. The introduction of NVIS technology into the CARs will address TSB recommendations as well as provide a safer footprint for the conduct of night VFR operations.

Potential impacts on Canadians, including businesses

This initiative is expected to have an impact on the private pilot community as well as commercial air operators.

This initiative has the potential to grow the Canadian aviation industry in numerous sectors such as aircraft modification, maintenance and equipment providers of NVIS.

It is possible that other stakeholders will be impacted by this initiative as the file proceeds through the various stages of regulatory development.

Regulatory cooperation efforts (domestic and international)

This initiative is not related to regulatory cooperation efforts.

Consultations

It is anticipated that stakeholders will be consulted in 2019 via the Canadian Aviation Regulation Advisory Council (CARAC).

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Regulations amending the Canadian Aviation Regulations (Use of hand-held lasers) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This proposed amendment would prohibit the possession and use of hand-held lasers over 1 milliwatt (mW) within the greater Montreal, Toronto and Vancouver regions, and within a 10 kilometer radius of airports and heliports. An interim order is currently in place that prohibits the possession and use of hand-held lasers over 1 mW within the areas outlined above.

The objective of the proposed amendment would be to prevent laser attacks on aircraft that can temporarily blind pilots and put passengers and crew members at risk.

Potential impacts on Canadians, including businesses

Any impacts on the Canadian public or businesses are expected to be minimal.

Regulatory cooperation efforts (domestic and international)

The International Civil Aviation Organization has highlighted laser illumination as a safety concern and has urged its member States to take appropriate actions, such as taking legislative measures and raising public awareness to address this key safety issue.

Consultations

Transport Canada will continue to build on consultation that has already occurred with Canadian law enforcement agencies (including the RCMP), Airport Police Commanders Association and Canadian Association of Chiefs of Police. Other affected stakeholders groups, such as the Royal Astronomical Society of Canada and the Retail Council of Canada, will also be consulted.

It is anticipated that the proposed amendment would be pre-published in Canada Gazette, Part I, in early 2020 with a 30-day comment period.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Regulations amending the Canadian Aviation Regulations (Alcohol impairment) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This proposed amendment would prohibit the use of alcohol by persons in a safety sensitive position (e.g., pilots, air traffic controllers) by establishing a blood alcohol concentration limit in the Canadian Aviation Regulations (CARs).

The objective of the proposed amendment is to ensure the safety of everyone onboard an aircraft by prohibiting anyone in a safety sensitive position from being under the influence of alcohol while on duty.

Potential impacts on Canadians, including businesses

No impacts on Canadians are expected as a result of this regulatory initiative. The impacts on businesses will be assessed as part of the regulatory development process.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative will align Canada’s regulations with its international aviation partners.

Consultations

Transport Canada will undertake consultations with stakeholders to determine if there are any impacts as a result of this proposed amendment.

It is anticipated that the proposed amendment will be pre-published in Canada Gazette, Part I, in 2021 with a 30-day comment period.

Further information

Transport Canada is currently reviewing policy and regulatory approaches to enhance the deterrence and prevention measures for aviation personnel reporting to duty impaired. The approaches being considered include: defining safety-sensitive positions, reviewing alcohol limits and expanding the prohibition of smoking (tobacco and cannabis) on board aircraft by passengers.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Regulations amending the Canadian Aviation Regulations (Smoking and consumption of cannabis products) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

The proposed amendment would prohibit the smoking of any substance on an aircraft. The proposed amendment would also prohibit the consumption and use of cannabis products (e.g. edibles, creams) during a flight.

The objective of this proposed amendment is to ensure the safe operation of flights by ensuring that no one onboard is impaired.

Potential impacts on Canadians, including businesses

Any impact on Canadians or businesses will be assessed as part of the regulatory development process.

Regulatory cooperation efforts (domestic and international)

This initiative is not related to regulatory cooperation efforts.

Consultations

Transport Canada will undertake consultations with stakeholders to determine any potential impacts of the proposed regulatory amendment.

It is anticipated that the proposed amendment will be pre-published in Canada Gazette, Part I, in 2021 with a 30-day comment period.

Further information

On December 22, 2018, Health Canada pre-published in the Canada Gazette, Part I, proposed amendments to the Cannabis Regulations which would authorize the legal sale of “edibles containing cannabis” and “cannabis concentrates”. The regulations are expected to be in force by October 17, 2019.

The Non-Smoker’s Health Act was amended under Bill C-45 to expand the regulation of smoking in workplaces and to further protect employees performing their duties in a smoke free environment.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Amendments to the Canadian Aviation Regulations (CARs) – Miscellaneous amendments New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Canadian Aviation Regulations, 1996

Description

To ensure Transport Canada (TC) remains a world class regulator and economic enabler TC has launched a carefully considered transformation strategy that will modernize the way it delivers its programs and services to better serve Canadians. As part of this transformation strategy the Aviation Safety Regulatory Review Initiative was launched to modernize the Canadian Aviation Regulations (CARs), 1996.

The proposed amendments to the Canadian Aviation Regulations (CARs) seeks to address low impact, non-controversial issues that do not impose any additional costs to the regulated entities.

This proposal represents a house cleaning phase of the modernization initiative and would address the following issues with the CARs:

  • inefficient use of regulator’s and regulated entities time and resources as a result of regulating through the use of recurrent exemptions;
  • differences in interpretation and compliance with regulatory requirements as a result of unclear regulatory requirements and inconsistent use of terminology;
  • redundant provisions;
  • non- alignment with ICAO standards; and
  • discrepancies between the English and French versions of certain provisions.

Potential impacts on Canadians, including businesses

The proposed regulatory amendments would apply to Canadian air operators and carriers. This proposal would represent a house cleaning phase of the modernization of the CARs by addressing non-controversial, no cost issues with the CARs.

  • reduced number of exemptions issued, thereby reducing the time and resources invested in processing and applying for exemptions by TC Civil Aviation and regulated entities, respectively;
  • enhanced consistency in the use of terminology and thus interpretation of regulatory requirements, which would improve compliance and therefore safety;
  • less redundant requirements, a source of confusion, thereby enhancing stakeholder interpretation of, and compliance with regulatory requirements;
  • improved consistency between the English and the French version of regulatory requirements, which would eliminate any language-related interpretational differences, improve compliance with the regulations and Canada’s language laws.

This amendment is expected to have low impacts to stakeholders.

Regulatory cooperation efforts (domestic and international)

As part of the Government of Canada’s 2018 Budget commitment to undertake a regulatory review across several departments, TC has committed to an aviation safety regulatory modernization initiative. As part of this regulatory modernization this proposal will reduced the number of exemptions issued, thereby reducing the time and resources invested in processing and applying for exemptions by TC Civil Aviation and regulated entities.

This proposal is expected to enhanced alignment of regulatory requirements with ICAO standards, which would enhance international recognition of the safety of Canada’s civil aviation industry and boost the international competitiveness of the industry.

Consultations

A Notice of Proposed Amendment (NPA) will be distributed via the Canadian Aviation Regulatory Advisor Council (CARAC) in spring 2019. As an existing consultation process the NPA will notify and solicit feedback from affected stakeholders and seek comment on proposed changes.

Formal stakeholder consultations are not required. The proposed changes are non-controversial, will not change the way stakeholders carry out their business activities and would not translate into new costs.

The pre-publication in Canada Gazette, Part I, is targeted for early 2019.

Further information

This proposal would not raise any high visibility issues as the changes are non-controversial and do not impose any new activities on stakeholders. Proposed changes are mostly housekeeping in nature.

Additional Information on the Initiative at Let’s Talk web link.

Departmental contact information

Marcia George
Director, Aviation Safety Regulatory Review
Civil Aviation
Transport Canada
Telephone: 613-998-5238
Email: marcia.george@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Amendments to the Canadian Aviation Regulations – Air navigation services (ANS) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Canadian Aviation Regulations, 1996

Description

To ensure that Transport Canada (TC) remains a world class regulator and an economic enabler, TC has launched a carefully considered transformation strategy that will modernize the way it delivers its programs and services to better serve Canadians. As part of this transformation strategy, the Aviation Safety Regulatory Review Initiative was launched to modernize the Canadian Aviation Regulations (CARs), 1996.

The proposed amendments to the CARs seek to codify existing, recurrent exemptions and replace outdated information related to air navigation systems / air traffic controllers. Codifying these exemptions by amending the CARs would:

  • save time and resources for the regulator and regulated entity, through eliminating the need for issuing recurrent exemptions;
  • enhance alignment with international standards, which will increase the reliability of Canadian standards and reduce confusion in shared airspace.

Potential impacts on Canadians, including businesses

The proposed regulatory amendments would apply to NAV CANADA and any one that provides air navigation services in Canada. This proposal would codify into the Regulations recurrent exemptions, to the CARs, that have been in place since 2007.

It is expected that Stakeholders will benefit from the proposed amendments by avoiding the administrative burden of repeatedly applying for exemptions from air navigation service requirements in the CARs. Additionally, NAV Canada sees some of those exemptions as cost saving moves for air operators due to shorter flight routes and therefore lower fuel costs. This would ultimately decrease operator’s financial regulatory burden. It is anticipated that these proposed changes will have no impact on Canadians businesses and Canadians in general.

Regulatory cooperation efforts (domestic and international)

TC has committed to a regulatory modernization initiative, as part of Government of Canada’s 2018 Budget commitment. This proposal will reduce the number of exemptions issued, thereby reducing the time and resources invested in processing and applying for exemptions by TC’s Civil Aviation Safety Program and regulated parties.

This proposal would harmonize current regulatory requirements with the International Civil Aviation Organization (ICAO) and Federal Aviation Administration (FAA), which would enhance international recognition of the safety of Canada’s civil aviation industry and boost the international competitiveness of the industry.

Consultations

Existing exemptions have been in place since 2007, and have been driven by stakeholder requests. Nonetheless, TC has initiated consultations with internal (to TC) subject matter experts (at headquarters and regional offices), external experts as well as affected stakeholders (NAV-Canada) to ensure that a holistic approach to resolving the issues is adopted.

A Noticed of Proposed Amendment will be published through TC’s Civil Aviation CARAC process, with a 30 day comment period, to seek stakeholder input on the proposed changes.

The target date for pre-publication of the proposed amendments in the Canada Gazette, Part I, is spring 2020, with a 30 day comment period.

The target date for publication in Canada Gazette, Part II, is fall 2020.

Further information

Additional Information on the Initiative at Let’s Talk web link.

Departmental contact information

Marcia George
Director, Aviation Safety Regulatory Review
Civil Aviation
Transport Canada
Telephone: 613-998-5238
Email: marcia.george@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Amendments to the Canadian Aviation Regulations (CARs) – Part II (Aircraft ID and registration) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Canadian Aviation Regulations, 1996

Description

To ensure Transport Canada (TC) remains a world class regulator and economic enabler TC has launched a carefully considered transformation strategy that will modernize the way it delivers its programs and services to better serve Canadians. As part of this transformation strategy the Aviation Safety Regulatory Review Initiative was launched to modernize the Canadian Aviation Regulations (CARs), 1996.

The proposed regulatory package intends to infuse agility, coherence and, where appropriate, a risk-based approach to Part II of the CARs in order to reduce unnecessary administrative burdens on regulated entities and the department, and to support innovation and economic growth by targeting minor irritants, administrative updates and shortcomings that exist in Part II of the CARs.

Potential impacts on Canadians, including businesses

The proposed regulatory amendment would apply to entities already regulated under Part II of the CARs – persons operating aircraft and manufacturers.

The traveling Canadian public is not directly impacted by the proposed regulatory amendment. The impact will be on general aviation aircraft owners such as powered parachutes to allow them more flexibility to what information respecting the manufacture is included on aircraft identification plates and where the identification plate needs to be located.

Regulatory cooperation efforts (domestic and international)

As part of the Government of Canada’s 2018 Budget commitment to undertake a regulatory review across several departments, TC has committed to a regulatory modernization initiative. The number of outstanding regulatory initiatives i.e. Notices of Proposed Amendments (NPAs) that have circulated through the Canadian Aviation Advisory Council (CARAC) without resulting in a regulatory change has been identified as an industry irritant via the Canada Gazette, Part 1 notice.

It is anticipated that this regulatory proposal will address a number of outstanding NPAs and exemptions.

Transport Canada will consider ways to align the proposed regulations with those in the US, EU and with standards proposed by International Civil Aviation Organization (ICAO) as appropriate. This will help minimize any misalignment in similar requirement which may exist between Canada and its major trading partners.

Consultations

Transport Canada will use the Let’s Talk Modernizing the Canadian Aviation Regulations webpage as a tool to consult broadly with industry and the Canadian public on irritants relating to Part II of the CARs. A Notice of proposed amendment (NPA) will be circulated through CARAC inviting members to provide their input via the Let’s Talk.

Transport Canada will seek to strike a short-term multi-disciplinary task team comprised of TC Regional and HQ subject matter experts as well as industry subject matter experts. The intended purpose of the task team will be to provide a horizontal analysis of irritants to inform the way forward.

Additionally, an NPA will be distributed via CARAC to solicit feedback from affected stakeholders and seek comment on proposed changes.

The target date for pre-publication in Canada Gazette, Part I, is late 2020 for 30 day comment period.

Further information

Additional Information on the Initiative at Let’s Talk web link.

Departmental contact information

Marcia George
Director, Aviation Safety Regulatory Review
Civil Aviation
Transport Canada
Telephone: 613-998-5238
Email: marcia.george@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Amendments to the Canadian Aviation Regulations (CARs) – Aviation weather services (AWS) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Canadian Aviation Regulations, 1996

Description

To ensure Transport Canada (TC) remains a world class regulator and economic enabler TC has launched a carefully considered transformation strategy that will modernize the way it delivers its programs and services to better serve Canadians. As part of this transformation strategy the Aviation Safety Regulatory Review Initiative was launched to modernize the Canadian Aviation Regulations (CARs), 1996.

Canadian Aviation Regulations makes reference to the Manual of Surface Weather Observation (MANOBS) which establishes most of the Standards for weather observing and reporting for aviation purposes. The MANOBS does not address the full range of services being provided.

The proposed amendments will support the modernization of the CARs by revising outdated references to aviation weather services products, technology and requirements in the CARs. These changes will help improve the standard for meteorological observations and reports used in aviation in Canada. These amendments will support evolving technology and provision of aviation weather services by smaller operators.

Potential impacts on Canadians, including businesses

The proposed regulatory amendment would apply to entities using aviation weather services and products under Part VIII of the CARs.

Impacts on the Canadian aviation sector and air navigation services will be assessed during stakeholder consultations and comprehensively analyzed as the proposal is developed. Business impacts are expected to be positive as outdated references are modernized and administrative burden is reduced.

Preliminary assessments indicates that there will be minimal to zero impacts on the traveling Canadian public at large but it will support weather services for operators going into small and isolated communities such as indigenous communities for medevac flights.

Regulatory cooperation efforts (domestic and international)

TC has committed to a regulatory modernization initiative, as part of Government of Canada’s 2018 Budget commitment. This proposal will support the modernization of the CARs by revising outdated references to aviation weather services products and requirements in the CARs. Transport Canada will consider ways to align the proposed regulations with those in the US, EU and with standards proposed by International Civil Aviation Organization (ICAO) as appropriate. This will help minimize any misalignment in similar requirements which may exist between Canada and its major trading partners.

Consultations

Transport Canada may use the Let’s Talk Modernizing the Canadian Aviation Regulations webpage as a tool to consult broadly with industry and the Canadian public on irritants relating to Section 804 of the CARs. A Notice of Proposed Amendment (NPA) will be circulated through CARAC inviting members to provide their input.

Transport Canada will seek to strike a short-term multi-disciplinary task team comprised of TC and industry subject matter experts. The intended purpose of the task team will be to provide a horizontal analysis of irritants to inform the way forward.

Additionally, a NPA will be distributed via CARAC to solicit feedback from affected stakeholders and seek comment on proposed changes.

The target date for pre-publication in Canada Gazette, Part I, is late 2020 for 30 day comment period.

Further information

Additional Information on the Initiative at Let’s Talk web link.

Departmental contact information

Marcia George
Director, Aviation Safety Regulatory Review
Civil Aviation
Transport Canada
Telephone: 613-998-5238
Email: marcia.george@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Amendments to the Canadian Aviation Regulations – Introduction of ministerial orders New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Canadian Aviation Regulations, 1996

Description

To ensure Transport Canada (TC) remains a world class regulator and economic enabler TC has launched a carefully considered transformation strategy that will modernize the way it delivers its programs and services to better serve Canadians.

As part of this modernization initiative, the need for more flexible, clear and harmonized regulations within the aviation sector has consistently been raised by stakeholders.

Stakeholders have indicated that provisions in the CARs prescribe specific technologies or processes that are now outdated. Technology in the aviation sector continues to evolve rapidly, driving stakeholders need for more flexibility within the legislative and regulatory frameworks.

TC will work in collaboration with Treasury Board of Canada to make amendments to the CARs to allow the Minister to make orders. This authority is made pursuant to 4.3(2) of the Aeronautics Act, The Governor in Council may, by regulation authorize the Minister to make orders with respect to any matter in respect of which regulations of the Governor in Council under this Part may be made.

The ministerial orders will be limited but will grant more flexible authority to the Minister of Transport in areas that are constantly evolving such as in the certification and operational areas of aviation. This will include any innovative approaches and emerging technologies not yet known or tested but within the Minister of Transport’s mandate to support and promote innovation and investment in the aviation sector. In addition, the authority could also be extended to address urgent Transportation Safety Board recommendations affecting safety and urgent safety requirements affecting Canadian Aviation Document holders which will support the safety mandate of the Minister.

Potential impacts on Canadians, including businesses

This approach will address stakeholder concerns that the regulatory process is too rigid and slow. It will have positive impacts to industry as it will introduce flexibility and agility to the aviation system that will support innovation and economic growth.

Regulatory cooperation efforts (domestic and international)

TC has committed to a regulatory modernization initiative, as part of Government of Canada’s 2018 Budget commitment. This proposal will support the modernization of the CARs by reducing rigidity within the CARs, and creating flexibility for stakeholders.

Consultations

Transport Canada may use the Let’s Talk Modernizing the Canadian Aviation Regulations webpage as a tool to consult broadly with industry and the Canadian public.

A Notice of Proposed Amendment (NPA) will be distributed via CARAC to solicit feedback from affected stakeholders and seek comment on proposed changes.

The target date for pre-publication in Canada Gazette, Part I, is late 2019 for 30 day comment period.

Further information

Additional Information on the Initiative at Let’s Talk web link.

Departmental contact information

Marcia George
Director, Aviation Safety Regulatory Review
Civil Aviation
Transport Canada
Telephone: 613-998-5238
Email: marcia.george@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Commercial Beyond-Visual-Line-of-Sight (BVLOS) Commercial operations (lower-risk) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Canadian Aviation Regulations

Description

This regulatory initiatives was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. The proposed amendments to the CARs would seek to enable routine lower-risk BVLOS operations such as low-level operations in uncontrolled airspace and outside of population centers. They include requirements focusing on the crew, the systems and procedural requirements.

The amendments to the Canadian Aviation Regulations are in response to stakeholder concerns that there is a lack of a flexible regulatory framework for remotely-piloted aircraft systems (RPAS). Such a flexible framework is needed to keep pace with rapidly emerging technologies and capabilities of RPAS.

Consultations

Note: The department’s ability to move this regulatory initiative to pre-publication in Canada Gazette, Part I, and publication in Canada Gazette, Part II, is dependent upon the department receiving new funding through Budget 2019. Should the department not receive funding, this initiative would be revised.

The target pre-publication date in Canada Gazette, Part I, is July 2020, with a target publication in Canada Gazette, Part II, by March 2022.

Departmental contact information

Félix Meunier
Director, RPAS Taskforce
Transport Canada
Telephone: 613-998-9317
Email: felix.meunier@tc.gc.ca

Ryan Coates
Manager, RPAS Task Force
Transport Canada
Telephone: 613-991-9154
Email: ryan.coates@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Regulations amending the Canadian Aviation Regulations (Labour Shortage) New

Enabling act

Aeronautics Act (R.S., 1985, C. A-2)

Description

This regulatory initiatives was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap.

Transport Canada is proposing a strategy to address labour shortage in the aviation sector. The strategy will include various components, including awareness and outreach activities, research, and support for training institutions and individuals interested in being employed by the aviation industry.

The objective of the strategy is to help address labour shortage in the aviation sector and improve regulatory flexibility by allowing technological improvements to be used during flight training.

As part of this strategy, Transport Canada will review the Canadian Aviation Regulations, and if necessary amend the regulations, to include the use of emerging technologies and best practices in flight training.

Departmental contact information

Patrick Juneau
Director, Policy and Regulatory Services
Civil Aviation
Transport Canada
Telephone: 613-949-2385
Email: Patrick.Juneau@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

Related information

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