Vol. 134, No. 39 — September 23, 2000

Regulations Amending the Canadian Aviation Regulations (Part VI)

Statutory Authority

Aeronautics Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

These proposed Regulations Amending the Canadian Aviation Regulations (Part VI — General Operating and Flight Rules) include changes to Canadian Aviation Regulation (CAR) 605.33 (Flight Data Recorder and Cockpit Voice Recorder Requirements) and the associated Standard. Upon introduction of the CARs in October 1996, CAR 605.33 expanded the requirements for Flight Data Recorders (FDRs) and Cockpit Voice Recorders (CVRs) which had been in force under pre-CARs regulations. Because of the increased coverage, these Regulations were promulgated with a delayed implementation date. For certain aircraft operated under Part VII (Commercial Air Services), the implementation date for the requirements of 605.33 did not occur until February 28, 1997. For other aircraft affected by this requirement but not operated in a commercial service, the implementation date was July 31, 1997. Because of the delays in implementation and of the different implementation dates for different operations, the wording of CAR 605.33 was such as to ensure that, until the implementation dates had passed, there was no regulatory gap and regulations which pre-dated the CARs continued to apply to the relevant aircraft. The complexity needed to ensure pre-CARs regulations were in effect until the delayed implementation dates and, after those dates, the new regulations applied to the intended aircraft created sufficient ambiguity to make interpretation of this regulation difficult. The implementation dates have now passed and the proposed amendment is intended to clarify the application of these Regulations.

Alternatives

Since this is a proposed amendment to an existing regulation, no alternatives to regulatory action are available to simplify and clarify the wording of CAR 605.33.

Benefits and Costs

The proposed changes in CAR 605.33 and its associated Standard will neither extend requirements to carry an FDR and a CVR to any Canadian aircraft which is currently exempt from such requirements nor will they exclude from these requirements any Canadian aircraft which is, at present, required to carry this equipment. They will improve the industry's ability to comply with these Regulations by removing the complexities in the current regulation. Their benefit-cost impact will be essentially neutral.

Consultation

The members of the General Operating and Flight Rules (GO&FR) and of the Commercial Air Service Operations (CASO) Technical Committees were consulted with respect to these proposed amendments to the regulations. The actively participating members of these two Technical Committees include the Advisory Committee on Accessible Transportation, the Aerospace Industries Association of Canada, Air B.C., Air Canada, Air Canada Pilots Association, Air Line Pilots Association, Air Operations Group Association, Air Transport Association of Canada, Association québécoise des transporteurs aériens, inc., Canadian Air Line Dispatchers' Association, Canadian Airlines International Ltd., Canadian Association of Professional Radio Operators, Canadian Auto Workers, Canadian Balloon Association, Canadian Business Aircraft Association, Canadian Labour Congress, Canadian Owners and Pilots Association, Canadian Union of Public Employees, Canadian Air Traffic Control Association, Experimental Aircraft Association — Canadian Council, Hang Gliding and Paragliding Association of Canada, Helicopter Association of Canada, International Council of Air Shows, Parks Canada, Recreational Aircraft Association of Canada, Soaring Association of Canada, and the Teamsters. The members of the CASO Technical Committee recommended the implementation of these proposed amendments at a meeting in June 1997, and the members of the GO&FR Technical Committee recommended their implementation at a meeting in October 1997.

Compliance and Enforcement

These Regulations will generally be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act or through suspension or cancellation of a Canadian aviation document.

Contact

Chief, Regulatory Affairs, AARBH, Transport Canada, Safety and Security, Place de Ville, Tower C, Ottawa, Ontario K1A 0N8, (613) 993-7284 (Telephone, general inquiries) or 1-800-305-2059, (613) 990-1198 (Facsimile), www.tc.gc.ca (Internet address).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 4.9(see footnote a) of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Part VI).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to the Chief, Regulatory Affairs (AARBH), Civil Aviation, Safety and Security Group, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (General inquiries - tel.: (613) 993-7284 or 1-800-305-2059; fax: (613) 990-1198; Internet address: http://www.tc.gc.ca)

Each representation should stipulate those parts of it that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representation should also stipulate those parts of it for which there is no objection to disclosure pursuant to the Access to Information Act.

Ottawa, September 12, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PART VI)

AMENDMENTS

1. Section 605.33 of the Canadian Aviation Regulations(see footnote 1) and the heading before it are replaced by the following:

Flight Data Recorder and Cockpit Voice Recorder

605.33 (1) Subject to section 605.34, no person shall conduct a take-off in any of the following multi-engined turbine-powered aircraft unless the aircraft is equipped with a flight data recorder that conforms to section 551.100 of Chapter 551 of the Airworthiness Manual and section 625.33 of the General Operating and Flight Rules Standards:

(2) Subject to section 605.34, no person shall conduct a take-off in a multi-engined turbine-powered aircraft that has a passenger seating configuration of six or more and for which two pilots are required by the type certificate of the aircraft or by the subpart under which the aircraft is operated, unless the aircraft is equipped with a cockpit voice recorder that conforms to section 551.101 of Chapter 551 of the Airworthiness Manual and section 625.33 of the General Operating and Flight Rules Standards.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[39-1-o]

Footnote a

S.C. 1992, c. 4, s. 7

Footnote 1

SOR/96-433

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