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Military Airworthiness Investigation Regulations (SOR/2018-217)

Regulations are current to 2022-05-02

Military Airworthiness Investigation Regulations

SOR/2018-217

AERONAUTICS ACT

Registration 2018-10-23

Military Airworthiness Investigation Regulations

P.C. 2018-1295 2018-10-22

Whereas, pursuant to subsection 24.5(2)Footnote a of the Aeronautics ActFootnote b, a copy of the proposed Military Airworthiness Investigation Regulations, in the annexed form, was published in the Canada Gazette, Part I, on April 14, 2018 and a reasonable opportunity was given to interested persons to make representations to the Minister of National Defence with respect to the proposed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to subsections 24.2(1)Footnote a and (3)Footnote a and 24.5(1)Footnote a of the Aeronautics ActFootnote b, makes the annexed Military Airworthiness Investigation Regulations.

Interpretation

Marginal note:Definitions

 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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

 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

 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.

Marginal note:Warrant

  •  (1) A warrant issued under subsection 14(4) of the Act must be in the form set out in

    • (a) Form 1 of the schedule, in the case of a warrant requested by an investigator who appears personally; and

    • (b) Form 2 of the schedule, in the case of a warrant obtained by a means of telecommunication.

  • Marginal note:Modifications to section 487.1 of Criminal Code

    (2) For the purposes of subsection 14(5) of the Act, section 487.1 of the Criminal Code is to be read as follows:

    Marginal note:Telewarrant

    • 487.1 (1) If an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence or the investigation of an accident or incident referred to in section 24.8 of the Aeronautics Act and that it would be impracticable to appear personally before a justice of the peace to make an application for a warrant in accordance with subsection 14(4) of the Act, the investigator may submit information on oath by telephone or other means of telecommunication to a justice of the peace designated for the purposes of section 487.1 of the Criminal Code by the chief judge of the provincial court having jurisdiction in the matter.

    • Marginal note:Submission by means that does not produce writing

      (2) Information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, must be on oath and must be recorded verbatim by the justice of the peace, who must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice of the peace as to time, date and contents.

    • Marginal note:Submission by means that produces writing

      (3) The justice of the peace who receives information submitted by a means of telecommunication that produces a writing must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice of the peace as to time and date of receipt.

    • Marginal note:Administration of oath

      (4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

    • Marginal note:Alternative to oath

      (5) An investigator who uses a means of telecommunication referred to in subsection (3) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and that statement is deemed to be a statement made under oath.

    • Marginal note:Contents of information

      (6) Information submitted by telephone or other means of telecommunication must include

      • (a) a statement of the circumstances that make it impracticable for the investigator to appear personally before a justice of the peace;

      • (b) a description of the military-civilian occurrence or the accident or incident referred to in section 24.8 of the Aeronautics Act that is under investigation, the place or premises to be searched and the things alleged to be liable to seizure;

      • (c) a statement of the investigator’s grounds for believing that things relevant to the investigation will be found in the place or premises to be searched; and

      • (d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the investigator has knowledge.

    • Marginal note:Issuing warrant

      (7) The justice of the peace may, if satisfied that information submitted by telephone or other means of telecommunication meets the following conditions, issue a warrant to an investigator conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice of the peace before whom the investigator appears personally in accordance with subsection 14(4) of the Aeronautics Act and may require that the warrant be executed within the period that the justice of the peace may order:

      • (a) the information is in respect of a military-civilian occurrence or an accident or incident referred to in section 24.8 of the Aeronautics Act and conforms to the requirements of subsection (6);

      • (b) the information discloses reasonable grounds for dispensing with information presented personally and in writing; and

      • (c) the information discloses reasonable grounds, in accordance with subsection 14(4) of the Aeronautics Act, for the issuance of a warrant in respect of a military-civilian occurrence or an accident or incident referred to in section 24.8 of that Act.

    • Marginal note:Formalities

      (8) If a justice of the peace issues a warrant by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

      • (a) the justice of the peace must complete and sign the warrant in Form 2 of the schedule;

      • (b) the investigator, on the direction of the justice of the peace, must complete, in duplicate, a facsimile of the warrant in Form 2 of the schedule; and

      • (c) the justice of the peace must, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

    • Marginal note:Means of telecommunication that produces writing

      (9) If a justice of the peace issues a warrant by a means of telecommunication that produces a writing,

      • (a) the justice of the peace must complete and sign the warrant in Form 2 of the schedule;

      • (b) the justice of the peace must transmit the warrant by the means of telecommunication to the investigator who submitted the information and the copy of the warrant received by the investigator is deemed to be a facsimile within the meaning of paragraph (8)(b);

      • (c) the investigator must procure another facsimile of the warrant; and

      • (d) the justice of the peace must, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

    • Marginal note:Providing facsimile

      (10) An investigator who executes a warrant issued by telephone or other means of telecommunication must, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.

    • Marginal note:Affixing facsimile

      (11) An investigator who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication must, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.

    • Marginal note:Report of investigator

      (12) An investigator to whom a warrant is issued by telephone or other means of telecommunication must file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding seven days after the warrant has been executed, which report must include

      • (a) the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed;

      • (b) a statement of the things, if any, that were seized pursuant to the warrant and the location where they are being held; and

      • (c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the investigator’s grounds for believing that those additional things are relevant to the investigation.

    • Marginal note:Bringing before justice of peace

      (13) The clerk of the court must, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice of the peace to be dealt with in the same manner as if the things were seized under a warrant issued, on information presented personally by an investigator, by that justice of the peace or another justice of the peace for the same territorial division.

    • Marginal note:Proof of authorization

      (14) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the justice of the peace and carrying on its face a notation of the time, date and location of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.

    • Marginal note:Duplicates and facsimiles – probative force

      (15) A duplicate or a facsimile of information or of a warrant has the same probative force as the original for the purposes of subsection (14).

 
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