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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2019-05-22 and last amended on 2019-05-15. Previous Versions

Part VIII — Air Navigation Services (continued)

SUBPART 5 — Safety Management System (continued)

Duties of the Certificate Holder

 The holder of an ATS operations certificate shall ensure that

  • (a) corrective actions are taken in respect of any findings resulting from the safety management system referred to in section 805.01; and

  • (b) the accountable executive performs the duties prescribed in section 805.05.

  • SOR/2007-290, s. 13

Management of the Safety Management System

  •  (1) The accountable executive shall

    • (a) implement a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety;

    • (b) identify hazards and carry out risk management analyses of those hazards;

    • (c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system;

    • (d) implement a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents;

    • (e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents;

    • (f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the holder of the ATS operations certificate; and

    • (g) determine the adequacy of the training required by paragraph 805.02(1)(f).

  • (2) The accountable executive shall, if a finding resulting from a quality assurance program referred to in subsection 805.03(1) or a safety management system referred to in section 805.01 is reported to them,

    • (a) determine what, if any, corrective actions are required and carry out those actions;

    • (b) keep a record of any determination made under paragraph (a) and the reason for it;

    • (c) if management functions have been assigned to another person under subsection (3), communicate any determination regarding a corrective action to that person; and

    • (d) notify the certificate holder of any systemic deficiency and of the corrective action taken.

  • (3) The accountable executive may assign the management functions of the safety management system referred to in section 805.01 to another person if the assignment and its scope are described in the manual or document referred to in subsection 805.02(2).

  • (4) The person to whom management functions have been assigned under subsection (3) shall notify the accountable executive of any systemic deficiency and of the corrective action taken.

  • (5) The responsibility and accountability of the accountable executive are not affected by the assignment of management functions to another person under subsection (3).

  • SOR/2007-290, s. 13
  • SOR/2019-122, s. 20

Subpart 6 — Levels of Service

Interpretation

 In this Subpart,

aeronautical study

aeronautical study means a study designed to identify the risks to aviation safety attendant upon a particular course of action and how to eliminate or reduce those risks; (étude aéronautique)

level of service

level of service means the type or nature of civil air navigation services provided to support safe and efficient aircraft operations, and includes the times at which the services are provided. (niveau de service)

Maintenance of Level of Service

  •  (1) Every person who provides a civil air navigation service shall, where the person proposes to terminate the service or to reduce the level of service that is provided, notify the Minister

    • (a) in the case of a proposal to terminate the service or to materially reduce the level of service, at least 60 days before the termination or reduction; and

    • (b) in all other cases, as far in advance of the reduction as reasonably practicable.

  • (2) On receipt of a notice referred to in subsection (1) from the ANS Corporation, the Minister may request the ANS Corporation to conduct an aeronautical study for the purpose of demonstrating that the risk to aviation safety would not be unacceptably increased by the proposed termination or reduction in the level of service.

  • (3) Where the Minister requests the ANS Corporation to conduct an aeronautical study pursuant to subsection (2), the ANS Corporation shall not implement the proposed termination or reduction in the level of service until the Minister has been provided with a copy of the study and has had a reasonable opportunity to review it.

  • (4) Where, after reviewing an aeronautical study conducted pursuant to subsection (2), the Minister is of the opinion that an unacceptable risk to aviation safety would result from the proposed termination or reduction in the level of service, the Minister may, by order, direct the ANS Corporation to maintain its level of service in accordance with the terms and conditions specified in the order.

Increase in Level of Service

 Where, after conducting an aeronautical study or reviewing an aeronautical study conducted by another person or organization, the Minister is of the opinion that the level of service provided by the ANS Corporation should be increased in the interests of aviation safety, the Minister may, by order, direct the ANS Corporation to increase its level of service in accordance with the terms and conditions specified in the order.

[806.04 to 806.08 reserved]

Subpart 7 — Aviation Occurrences

Reporting of Aviation Occurrences

 The holder of an ATS operations certificate shall report to the Minister any aviation occurrence information specified in the CADORS Manual in accordance with the criteria and reporting procedures specified in that manual.

[807.02 to 807.06 reserved]

Part IX — Remotely Piloted Aircraft Systems

Division I — General Provisions

Interpretation

 The following definitions apply in this Part.

autonomous

autonomous means, in respect of a remotely piloted aircraft system, that the system is not designed to allow pilot intervention in the management of a flight. (autonome)

command and control link

command and control link means the data link between a remotely piloted aircraft and a control station that is used in the management of a flight. (liaison de commande et de contrôle)

control station

control station means the facilities or equipment that are remote from a remotely piloted aircraft and from which the aircraft is controlled and monitored. (poste de contrôle)

detect and avoid functions

detect and avoid functions means the capability to see, sense or detect conflicting air traffic or other hazards and take the appropriate action. (fonctions de détection et d’évitement)

first-person view device

first-person view device means a device that generates and transmits a streaming video image to a control station display or monitor, giving the pilot of a remotely piloted aircraft the illusion of flying the aircraft from an on-board pilot’s perspective. (dispositif de vue à la première personne)

flight termination system

flight termination system means a system that, on activation, terminates the flight of a remotely piloted aircraft. (système d’interruption du vol)

fly-away

fly-away means, in respect of a remotely piloted aircraft, an interruption or loss of the command and control link such that the pilot is no longer able to control the aircraft and the aircraft no longer follows its preprogrammed procedures or operates in a predictable or planned manner. (dérive)

mandatory action

mandatory action means the inspection, repair or modification of a remotely piloted aircraft system that the manufacturer of the system considers necessary to prevent an unsafe or potentially unsafe condition. (mesure obligatoire)

payload

payload means a system, an object or a collection of objects that is on board or is otherwise connected to a remotely piloted aircraft but that is not required for flight. (charge utile)

visual line-of-sight

visual line-of-sight or VLOS means unaided visual contact at all times with a remotely piloted aircraft that is sufficient to be able to maintain control of the aircraft, know its location, and be able to scan the airspace in which it is operating in order to perform the detect and avoid functions in respect of other aircraft or objects. (visibilité directe ou VLOS)

visual observer

visual observer means a trained crew member who assists the pilot in ensuring the safe conduct of a flight under visual line-of-sight. (observateur visuel)

  • SOR/2019-11, s. 23

Application

 This Part applies in respect of the operation of remotely piloted aircraft systems.

  • SOR/2019-11, s. 23

Delayed Application of Certain Provisions

 Sections 900.06, 901.02, 901.03, 901.07 to 901.49, 901.54, 901.56, 901.57, 901.63, 901.65, 901.66, 901.69 to 901.73, 903.01 and 903.03 do not apply until June 1, 2019.

  • SOR/2019-11, s. 23
 
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