Military Airworthiness Investigation Regulations (SOR/2018-217)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Aeronautics Act. (Loi)

air traffic services

air traffic services means the issuance of air traffic control clearances or other aerospace control instructions or the provision of aeronautical safety information, including aviation weather information and serviceability reports in respect of aerodromes and radio navigation aids. (services de circulation aérienne)

owner

owner, in respect of an aircraft, means the person who has legal custody and control of the aircraft. (propriétaire)

Report to Authority

Marginal note:Mandatory reporting

• 2 (1) Any civilian who is an owner, pilot-in-command or crew member of an aircraft, has possession of an aircraft as lessee or otherwise, holds a Canadian aviation document with respect to an airport or heliport, is in charge of an airport or heliport, whether as employee, agent or representative of the holder of the Canadian aviation document, or provides air traffic services or maintenance services in respect of an aircraft or other aeronautical product must report to the Authority if they have direct knowledge of

  • (a) any of the following accidents or incidents that is a military-civilian occurrence:

    • (i) a person sustaining an injury that requires medical intervention, becoming ill or dying as a result of being on board the aircraft, coming into contact with any part of the aircraft or its contents, conducting maintenance on the aircraft or other aeronautical product or being directly exposed to the aircraft’s jet or propeller blast or rotor down wash,

    • (ii) the aircraft sustaining damage, or experiencing a failure, that adversely affects the structural strength, flight characteristics or performance of the aircraft and that requires repair or replacement of any affected component,

    • (iii) the aircraft going missing or being inaccessible,

    • (iv) an engine failing or being shut down as a precautionary measure,

    • (v) a transmission gearbox malfunctioning,

    • (vi) smoke or fire that is not related to the normal operation of an aircraft or other aeronautical product being detected,

    • (vii) difficulties in controlling the aircraft as a result of any aircraft system malfunction, weather phenomena, wake turbulence, uncontrolled vibrations or operations outside the flight envelope,

    • (viii) the aircraft landing or taking off outside or partially outside the area intended for that purpose or landing with all or part of its landing gear retracted,

    • (ix) the aircraft dragging any of its parts,

    • (x) any crew member being unable to perform their duties as a result of a physical incapacitation or a malfunction of their life-support equipment,

    • (xi) a depressurization requiring an emergency descent, the activation of emergency systems or the use of emergency life-support equipment,

    • (xii) a fuel shortage requiring a diversion of the aircraft or approach and landing priority at the aircraft’s destination,

    • (xiii) the aircraft being serviced with the incorrect type of fuel or lubricant or with contaminated fuel or lubricant,

    • (xiv) a collision, other than a collision associated with normal operating circumstances, occurring between aircraft or between an aircraft and another object or terrain,

    • (xv) an aircraft coming so close to being involved in a collision described in subparagraph (xiv) that the safety of any person, property or the environment is compromised,

    • (xvi) the distance separating two aircraft being less than the minimum established in the most recent version of the Canadian Domestic Air Traffic Control Separation Standards, published by the Department of Transport,

    • (xvii) a crew member declaring an emergency or indicating any situation that requires priority handling by an air traffic control unit or the standing by of emergency response services,

    • (xviii) an accident or incident involving any device that is installed on an aircraft for emergency activation or for deployment or deployment and recovery during flight, including ejection seats, bombs, rockets, missiles, cartridge activated devices, jammers and targets,

    • (xix) a slung load being released from the aircraft unintentionally or as a precautionary or emergency measure,

    • (xx) dangerous goods, as defined in section 2 of the Transportation of Dangerous Goods Act, 1992, being released inside or from the aircraft,

    • (xxi) a defect or deterioration of an aeronautical product that is not expected as a result of normal operations or maintenance being discovered,

    • (xxii) an aeronautical product sustaining damage during maintenance,

    • (xxiii) an unauthorized deviation from an approved maintenance program for an aeronautical product,

    • (xxiv) any object being found in an aircraft that is out of place and could result in damage to the aircraft with or without the intervention of a person, or

    • (xxv) a tool being lost during maintenance of an aeronautical product; or

  • (b) an accident or incident referred to in one or more of subparagraphs (a)(i) to (xxv) that involves an aircraft or installation referred to in subparagraph (a)(i) of the definition military-civilian occurrence in subsection 10(1) of the Act.

• Marginal note:Notification — situation or condition

  (2) A civilian referred to in subsection (1) must report to the Authority any situation or condition of which they have direct knowledge if the Authority has informed them in writing that the Authority has reasonable grounds to believe that the situation or condition could, if left unattended, induce an accident or incident referred to in any of subparagraphs (1)(a)(i) to (xxv).

• Marginal note:Exceptions

  (3) A civilian is not required to report an accident, incident, situation or condition to the Authority if

  • (a) the civilian has reported it to the Canadian Transportation Accident Investigation and Safety Board in accordance with subsection 2(1) of the Transportation Safety Board Regulations; or

  • (b) the Authority has already received a report of it from another person.

Marginal note:Required contents

• 3 (1) For the purposes of section 2, the civilian must report, as soon as feasible and by the quickest means available, all of the following information that is available to them at the time of the accident, incident, situation or condition:

  • (a) the aircraft’s type, model, registration mark and country of registration;

  • (b) the name of the aircraft’s owner and pilot-in-command and of any person who has possession of the aircraft as lessee or otherwise;

  • (c) the aircraft’s last point of departure, the date and time of departure and the intended destination;

  • (d) the date and time of the accident, incident, situation or condition;

  • (e) the name of the person providing air traffic services in relation to the accident, incident, situation or condition;

  • (f) in the case of an accident or incident, the number of crew members, passengers and other persons that were involved and the number of those who died or sustained injuries that required medical intervention;

  • (g) the location of the accident, incident, situation or condition by reference to an easily defined geographical point or by latitude and longitude;

  • (h) a description of the accident, incident, situation or condition and the extent of any resulting damage to the environment and to the aircraft and any other property;

  • (i) a list of any dangerous goods, as defined in section 2 of the Transportation of Dangerous Goods Act, 1992, carried on board or released from the aircraft, including the shipping name or UN number and consignor and consignee information;

  • (j) if the aircraft is missing, the last known position of the aircraft by reference to an easily defined geographical point or by latitude and longitude, the date and time that the aircraft was at that position and the actions taken or planned to locate the aircraft;

  • (k) if the aircraft is inaccessible, the actions taken or planned to gain access to the aircraft;

  • (l) a description of any action taken or planned to protect persons, property and the environment; and

  • (m) the name and title of the person making the report and the telephone number and address at which they can be reached.

• Marginal note:Remainder of information

  (2) Any information referred to in subsection (1) that is not available to the civilian at the time of the accident, incident, situation or condition must be reported to the Authority as soon as it becomes available to them.

Marginal note:Voluntary reporting

• 4 (1) If a civilian other than a civilian referred to in subsection 2(1) wishes to report any information concerning an accident or incident referred to in that subsection or a situation or condition referred to in subsection 2(2), they may report it to the Authority by any means.

• Marginal note:Identity protected

  (2) The identity of a civilian who reports information under subsection (1) is protected unless the civilian waives that protection in writing.

Investigations by the Authority

Marginal note:Preservation of evidence

• 5 (1) Every person that has the possession or control of evidence relating to a military-civilian occurrence must preserve that evidence until the Authority determines that the evidence is no longer required.

• Marginal note:Exception — safety measures

  (2) Subsection (1) is not to be construed as preventing any person from taking necessary measures to ensure the safety of any person or the protection of property or the environment.

• Marginal note:Record of evidence

  (3) Any person who takes the measures referred to in subsection (2) must, to the extent possible in the circumstances and before taking those measures, record the evidence by the best means available and, as soon as feasible, advise the Authority of their actions.

• Marginal note:Exemption

  (4) The Authority may exempt any person from the requirement to preserve evidence if another person has already preserved that evidence.

Marginal note:Observers

• 6 (1) When the Authority is conducting an investigation of a military-civilian occurrence, the Authority may authorize an observer referred to in subsection 17(2) of the Act to do, under the supervision of an investigator, any or all of the following:

  • (a) attend at the location of the occurrence;

  • (b) examine the aircraft involved in the occurrence and the component parts and contents of the aircraft;

  • (c) to the extent permitted by the Act, examine any document or other information that is relevant and that relates to

    • (i) the activity during which the occurrence took place,

    • (ii) the crew members involved in the occurrence, and

    • (iii) the aircraft and its component parts and contents; and

  • (d) attend during the performance of laboratory tests or analyses.

• Marginal note:Communications and use of information

  (2) An observer may communicate or use, or permit to be communicated or used, information that they have obtained during the investigation only if the communication or use of that information is permitted under the Act and the Authority authorizes the communication or use in the interests of aviation safety.

Marginal note:Witness fees and expenses

7 A person who is required to attend before an investigator under paragraph 14(10)(a) of the Act is to be paid witness fees in the amounts set out in section 3 of Tariff A of the Federal Courts Rules and travel and living expenses determined in accordance with the rates and allowances set out in the National Joint Council Travel Directive that are in effect at the time of the attendance.

Marginal note:Test under subsection 14(6) of the Act

8 A person who is invited to be present at a test to destruction conducted under subsection 14(6) of the Act may

• (a) be represented by a person having technical knowledge and expertise in the subject matter of the test; and

• (b) record or cause to be recorded the condition of the thing being tested prior to, during and after the test.