Vol. 135, No. 36 — September 8, 2001

Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VIII)

Statutory Authority

Aeronautics Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

General

These proposed Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VIII) include proposed amendments to the following Canadian Aviation Regulations (CARs):

— Part I — General Provisions

— 101.01 (Interpretation);

— Part VI — General Operating and Flight Rules

— 602.146 (SCATANA Plan), and

— Part VIII — Air Navigation Services

— 800.01 (Interpretation),

— 801.01 (General),

— 801.02 (Services to Be Provided in Class A, B, C, D and E Airspace),

— 801.09 (Training and Competency of Flight Service Specialists),

— 803.01 (Provision of Aeronautical Information Services).

A new regulation, CAR 801.10 (Provision of Air Traffic Services in Accordance with the ESCAT Plan), is also included in this proposal.

Specific

Part I — General Provisions

Part I (General Provisions) of the Canadian Aviation Regulations includes definitions which relate to more than one Part of the CARs, administrative provisions of general application to all Parts of the CARs, and the Designated Provisions Regulations.

CAR 101.01 (Interpretation)

A proposed amendment to CAR 101.01 to delete the existing definition of "'SCATANA plan' or 'Security Control of Air Traffic and Navigation Aids Plan'" and replace it with "'ESCAT plan' or 'Emergency Security Control of Air Traffic Plan'" respectively will acknowledge the change in this nomenclature. The Emergency Security Control of Air Traffic (ESCAT) Plan is an updated version of the delineation of the responsibilities, procedures and instructions for the security control of civil and military air traffic under various emergency conditions. The previous version of these directions has been in effect for many years as the Security Control of Air Traffic and Air Navigation Aids (SCATANA) Plan.

The definition of "flight information services" is being relocated from CAR 800.01 (Definitions) to CAR 101.01. No change is proposed to the content of the definition.

Part VI — General Operating and Flight Rules

Part VI (General Operating and Flight Rules) deals with the general operating and flight rules which apply to all aircraft operations, both commercial and private.

CAR 602.146 (SCATANA Plan)

A proposed amendment to CAR 602.146 (SCATANA Plan), corresponding to that referred to above for CAR 101.01, will replace "SCATANA" in the title and body of this section with "ESCAT."

Part VIII — Air Navigation Services

Part VIII (Air Navigation Services) of the Canadian Aviation Regulations encompasses the rules which apply to air traffic services, aeronautical telecommunications, aeronautical information services, aviation weather services and related safety management programs, levels of service and occurrence reporting.

CAR 800.01 (Interpretation)

The proposed amendment to CAR 800.01 (Interpretation) will remove the definitions of "air traffic control unit" and "flight information services" from Part VIII. The definition of "flight information services" will be repositioned to Part I (General Provisions) with no change to its content. A substantively identical definition to that of "air traffic control unit" in CAR 800.01 is already in place in CAR 101.01 as "'ATC unit' or 'air traffic control unit'." The removal of this definition from CAR 800.01 will eliminate the duplication.

CAR 801.01 (General)

CAR 801.01 (General) will be revised to require air traffic controllers to issue clearances and instructions in accordance with the Canadian Domestic Air Traffic Control Separation Standards or with Chapter 3 of Annex 11 to the Convention on International Civil Aviation (ICAO Convention), as applicable. The present wording of this regulation requires controllers to issue clearances and instructions in accordance only with the Canadian Domestic Air Traffic Control Separation Standards. The referenced Standards make no mention of non-domestic situations (for example, the control of traffic over the North Atlantic) in which Canadian air traffic controllers are responsible for traffic separation. After amending, as proposed, Chapter 3 of Annex 11 to the ICAO Convention will provide a legal foundation for separation standards for the issuance of clearances and instructions in non-domestic situations.

CAR 801.02 (Services to Be Provided in Class A, B, C, D and E Airspace)

The proposed amendment to CAR 801.02 (Services to Be Provided in Class A, B, C, D and E Airspace) will rectify an unfortunate omission in the regulations. Prior to the implementation of the Canadian Aviation Regulations the services being provided in Class C airspace included "conflict resolution between VFR aircraft upon request." In the drafting of Part VIII of the CARs, as implemented in October 1996, this service was inadvertently left off the list of services to be provided in Class C airspace under the new regulations. The proposed amendment will add the provision of "conflict resolution between VFR aircraft upon request" to the list of air traffic control services provided in Class C airspace.

CAR 801.09 (Training and Competency of Flight Service Specialists)

There is currently no provision in the regulations to allow for an individual to perform the duties of a flight service specialist, under supervision, while undergoing on-the-job training in those duties or while being examined to determine his or her competency to be granted a flight service specialist certificate. On-the-job training is a necessary component of introducing a candidate to the practical aspects of the duties of a flight service specialist and of familiarizing a newly hired specialist with the characteristics of the duties of a specific station. A practical demonstration of the ability to perform the duties of a flight service specialist is important to the final determination of the suitability of a candidate for certification. The proposed amendment to CAR 801.09 (Training and Competency of Flight Service Specialists) will allow such on-the-job training and skill testing to be performed.

CAR 801.10 (Provision of Air Traffic Services in Accordance with the ESCAT Plan)

The proposed introduction of CAR 801.10 (Provision of Air Traffic Services in Accordance with the ESCAT Plan) will require air traffic controllers or flight service specialists to comply with the Emergency Security Control of Air Traffic (ESCAT) Plan. The ESCAT Plan is an updated version of the delineation of the responsibilities, procedures and instructions for the security control of civil and military air traffic under various emergency conditions which has been in effect for many years as the Security Control of Air Traffic and Air Navigation Aids (SCATANA) Plan. CAR 602.146 (SCATANA Plan) requires the pilot-in-command of an aircraft, when notified by an air traffic control unit of the implementation of the SCATANA (or ESCAT) Plan, to comply with the provisions for the security control of civil air traffic under such a Plan. (A proposed amendment to CAR 602.146, see above, will replace "SCATANA" and "Security Control of Air Traffic and Air Navigation Aids" with "ESCAT" and "Emergency Security Control of Air Traffic," as appropriate.) No parallel requirement for compliance with an ESCAT Plan for air traffic controllers or flight service specialists is, at present, contained in the CARs. This proposed new regulation will introduce such a requirement for compliance, when the Minister of National Defence advises that an ESCAT Plan is in effect.

CAR 803.01 (Provision of Aeronautical Information Services)

At present, this section of the CARs requires that the aeronautical information included in the Canada Air Pilot (CAP) and the Canada Flight Supplement (CFS) shall be provided in accordance with Annexes 4 and 15 to the Convention on International Civil Aviation. The Annexes completely describe the type and nature of aeronautical information to be provided. The current wording in 803.01, by omission, excludes the provision of other information covered by these Annexes from Canadian regulation. The proposed amendment will define "aeronautical information services," in Subpart 803, as meaning the services necessary to meet the requirements of Annexes 4 and 15 and will provide that aeronautical information services may only be provided in accordance with the standards set out in these two Annexes. Specific references to the Canada Air Pilot and to the Canadian Flight Supplement will be removed from section 803.01.

Alternatives

No non-regulatory alternatives were available which would achieve the intentions of these proposed amendments.

Benefits and Costs

There will be no significant net benefit-cost impact upon the aviation industry from the changes to:

— Part I

— CAR 101.01 (Interpretation);

— Part VI

— CAR 602.146 (SCATANA Plan); or

— Part VIII

— CAR 800.01 (Interpretation),

— CAR 801.01 (General) or

— CAR 801.02 (Services to Be Provided in Class A, B, C, D and E Airspace).

The above-referenced proposed amendments to Part I, Part VI and Part VIII, CAR 800.01 will implement editorial and administrative clarifications which will remove current ambiguities and acknowledge proposed modifications elsewhere in the Canadian Aviation Regulations. The proposed amendments to section 801.01 and to section 801.02 will acknowledge current procedures. These amendments will improve understanding and compliance with accepted practices and, thus, maintain the present high level of Canadian aviation safety.

Part VIII — Air Navigation Services

CAR 801.09 (Training and Competency of Flight Service Specialists)

The proposal, in section 801.09, to add a provision for on-the-job training and for a practical demonstration of ability, for a candidate for certification as a flight service specialist, will allow for the conduct of the performance of the duties of a flight service specialist by a trainee, under supervision. No change to current practices will result from this proposed amendment. The Canadian Aviation Regulations will acknowledge and validate current training requirements by this proposed regulatory provision. A marginally positive benefit-cost impact is anticipated from this proposal.

CAR 801.10 (Provision of Air Traffic Services in Accordance with the ESCAT Plan)

The introduction of CAR 801.10 (Provision of Air Traffic Services in Accordance with the ESCAT Plan) has been made necessary by the change in employment status of air traffic controllers and flight service specialists. As with the employees of any organization, when establishing procedures to be followed, an internal policy directive was sufficient to ensure the appropriate action among employees of the federal government (as air traffic controllers and flight service specialists were prior to the establishment of NAV CANADA). However, since the establishment of NAV CANADA, air traffic controllers and flight service specialists are no longer employees of the federal government. As a result, to ensure compliance, the Regulation of response to the invoking of the ESCAT Plan is required. This Regulation will impose no additional costs but will ensure swift, predetermined actions on the part of air traffic controllers and flight service specialists in the event of an emergency. The national security of Canadians will be enhanced by the added predictability of the actions of air traffic controllers and flight service specialists, under emergency conditions, ensured by this proposed Regulation.

CAR 803.01 (Provision of Aeronautical Information Services)

The proposed amendment to CAR 803.01 will extend the coverage of this Regulation to all aeronautical information described in annexes 4 and 15 of the Convention on International Civil Aviation. This will ensure all aeronautical information provided to Canadian civil aviation is provided according to the standards and recommended practices established by the International Civil Aviation Organization (ICAO). No change to current practices is anticipated from this proposal and, hence, no benefit-cost impact is expected.

Summary of Benefits and Costs

The benefits of these proposed amendments are expected to accrue with negligible corresponding costs to the aviation industry. The anticipated benefits are likely to outweigh the potential costs.

Consultation

The members of the Air Navigation Services (ANS) Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) have been consulted with respect to these proposed amendments to the Regulations. The members of the Air Navigation Services Technical Committee include the Advisory Committee on Accessible Transportation, the Aero Club of Canada, Aéroports de Montréal, Aerodevco Consulting, AMCO, the Air Transport Association of Canada, the Aircraft Operations Group Association, the Airline Pilots Association, the Alberta Aviation Council, the Association québécoise des transporteurs aériens inc., the British Columbia Aviation Council, CAR Electronics, the Canadian Aerial Applicators Association, the Canadian Air Line Dispatchers Association, the Canadian Air Traffic Control Association, the Canadian Association of Professional Radio Operators, the Canadian Owners and Pilots Association, the Canadian Union of Public Employees, the Department of National Defence, the Edmonton Regional Airports Authority, Environment Canada, the International Aircraft Owners and Pilots Association, the International Brotherhood of Electrical Workers, KSK Industries Inc., the National Capital Air Show, NAV CANADA, the Ministry of Transportation, Air Transportation Office (Quebec), the Ministry of Employment and Investment (British Columbia), Simdel Flight Academy, the Soaring Association of Canada, and the Union of Canadian Transport Employees. The Technical Committee agreed to these amendments and recommended their passage at a meeting in November 1997.

Compliance and Enforcement

These Regulations will 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 or 1-800-305-2059 (Telephone), (613) 990-1198 (Facsimile), www.tc.gc.ca (Internet address).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to sections 4.9 (see footnote a) and 4.91 (see footnote b) of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VIII).

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, Transport Canada, 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)

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, August 28, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PARTS I, VI AND VIII)

AMENDMENTS

1. (1) The definition "SCATANA plan" or "Security Control of Air Traffic and Navigation Aids Plan" in subsection 101.01(1) of the Canadian Aviation Regulations (see footnote 1) is repealed.

(2) Subsection 101.01(1) of the Regulations is amended by adding the following in alphabetical order:

"ESCAT plan" or "Emergency Security Control of Air Traffic Plan" means the measures to be implemented by Her Majesty in right of Canada in accordance with the North American Aerospace Defence Command (NORAD) Agreement in the case of an air defence emergency; (plan ESCAT ou Plan relatif au contrôle d'urgence de la circulation aérienne aux fins de la sécurité nationale)

"flight information services" means

(a) the dissemination of aviation weather information and aeronautical information for departure, destination and alternate aerodromes along a proposed route of flight,

(b) the dissemination of aviation weather information and aeronautical information to aircraft in flight,

(c) the acceptance, processing and activation of flight plans and flight itineraries and amendments to and cancellations of flight plans and flight itineraries,

(d) the exchange of flight plan information with domestic or foreign governments or agencies or foreign air traffic services units, and

(e) the dissemination of information concerning known ground and air traffic; (services d'information de vol)

2. The heading before section 602.146 of the Regulations is replaced by the following:

ESCAT Plan

3. The portion of subsection 602.146(2) of the Regulations before paragraph (a) is replaced by the following:

(2) The pilot-in-command of an aircraft referred to in subsection (1) who is notified by an air traffic control unit of the implementation of the ESCAT plan shall

4. The definitions "air traffic control unit" and "flight information services" in subsection 800.01(1) of the Regulations are repealed.

5. Subsection 801.01(2) of the Regulations is replaced by the following:

(2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except

(a) in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and

(b) in the case of international airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air navigation services, in accordance with the standards contained in Chapter 3 of Annex 11 to the Convention.

6. Paragraphs 801.02(2)(b) and (c) of the Regulations are replaced by the following:

(b) conflict resolution between VFR aircraft on request;

(c) traffic information; and

(d) separation between IFR aircraft and between all aircraft during runway operations.

7. Subsection 801.09(2) of the Regulations is replaced by the following:

(2) Subsection (1) does not apply in respect of a person who, under supervision, acts as a flight service specialist while undergoing

(a) instruction, training or testing in respect of flight service specialist certification; or

(b) flight service station familiarization in the course of the person's employment.

(3) The holder of an ATS operations certificate who operates a flight service station shall

(a) maintain, for each person who acts as a flight service specialist, a training record showing the place where and the date on which the person successfully completed the training referred to in paragraph (1)(a); and

(b) at the request of the Minister, provide the Minister with a copy of the training record of any person acting as a flight service specialist at that flight service station.

8. The reference "[801.10 to 801.15 reserved]" after section 801.09 of the Regulations is replaced by the following:

Provision of Air Traffic Services in Accordance with the ESCAT Plan

801.10 If the holder of an ATS operations certificate is notified by the Minister of National Defence of the implementation of the ESCAT plan, the certificate holder shall ensure that air traffic services are provided to aircraft in accordance with the contents of the plan.

[801.11 to 801.15 reserved]

9. Section 803.01 of the Regulations is replaced by the following:

803.01 (1) In this Subpart, "aeronautical information services" means the services necessary to meet the requirements of Annexes 4 and 15 to the Convention that relate to aeronautical information.

(2) No person shall provide aeronautical information services except in accordance with the standards set out in Annexes 4 and 15 to the Convention.

COMING INTO FORCE

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

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Regulations Amending the Canadian Aviation Regulations (Part IV)

Statutory Authority

Aeronautics Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

These proposed Regulations Amending the Canadian Aviation Regulations (Part IV) will correct an error unintentionally introduced into the Canadian Aviation Regulations (CARs) with the amendment of March 1, 2001. The current proposed amendment is intended to reinstate section 400.06 Extension of Validity Period and to ensure the promulgation of section 400.07 Change of Address.

Due to an administrative error in the amendment to Part IV of the CARs which was promulgated in March 2001, a direction to replace "400.06 to 400.08 reserved" with "400.06 reserved" and the text of the new section 400.07 could not be followed. The reference "400.06 to 400.08 reserved" had been previously replaced by section 400.06 and a reference "400.07 to 400.08 reserved" with the amendment of December 1, 1998.

Section 400.06 was introduced into the CARs, with the amendment which came into effect on December 1, 1998, to rectify the omission from the CARs of the authority for the Minister to extend the validity period of a medical certificate, an instrument rating or a flight instructor rating. There was no intention on the part of the Department to remove the authority for the Minister to extend validity periods for holders of the above three documents in the March 2001 amendment. The current proposed amendment will ensure that section 400.06 is reinstated.

Proposed section 400.07 Change of Address will introduce into the CARs the requirement that a person who holds a personnel permit or licence must notify Transport Canada of any change of permanent address within seven days following the change. The proposed amendment will ensure that section 400.07 is correctly integrated into the Regulations.

Alternatives

Since the purpose of these proposed amendments is an administrative correction to the Canadian Aviation Regulations, no alternative is possible or was considered.

Benefits and Costs

Section 400.06 provided the flexibility to relieve individual holders of aviation documents from hardships resulting from expiry, through no fault of their own, of those documents. The prompt reinstatement of this provision for flexibility with respect to the validity period of a medical certificate, an instrument rating or a flight instructor rating will assist holders of these documents by minimizing any disadvantage that might result due to the brief absence of ministerial authority for extending their validity periods.

No additional cost nor hardship will be imposed upon the industry or upon any individual through the reinstatement of this provision, which will return the regulatory environment to that prevailing prior to March 2001.

The introduction of section 400.07 will return the Canadian aviation industry to the regulatory environment prior to the introduction of the Canadian Aviation Regulations and also conform to current industry practices. It has no benefit-cost implications.

Consultation

The original proposal to introduce section 400.06 Extension of Validity Period to the Canadian Aviation Regulations was prepublished in the Canada Gazette, Part I, on June 6, 1998. No comments were received. It was then published, without change, in the Canada Gazette, Part II, on November 11, 1998.

The original proposal to introduce section 400.07 Change of Address to the Canadian Aviation Regulations was pre-published in the Canada Gazette, Part I, on December 4, 1999. No comments were received. It was then published, without change, in the Canada Gazette, Part II, on February 14, 2001.

The members of the Personnel Licensing Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) were consulted with respect to the original introduction of both section 400.06 Extension of Validity Period and section 400.07 Change of Address. The actively participating members of the Personnel Licensing Technical Committee include the Aero Club of Canada, Air Canada, the Air Operations Group Association, AOPA Canada, the Air Transport Association of Canada, the Association québécoise des transporteurs aériens inc., CAE Electronics Ltd, the Canadian Air Line Pilots Association, the Canadian Association of Aviation Colleges, the Canadian Balloon Association, the Canadian Business Aircraft Association, the Canadian Owners and Pilots Association, the Canadian Air Traffic Control Association, the Experimental Aircraft Association — Canadian Council, the Recreational Aircraft Association of Canada, the Soaring Association of Canada, the Teamsters Canada and the Ultralight Pilots Association of Canada. The Committee recommended the adoption of both section 400.06 and section 400.07.

Compliance and Enforcement

Section 400.06 Extension of Validity Period is of a permissive, administrative nature and not subject to enforcement.

Section 400.07 Change of Address will be enforced through the assessment of a monetary penalty 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 or 1-800-305-2059 (Telephone, general inquiries), (613) 990-1198 (Facsimile), www.tc.gc.ca (Internet).

PROPOSED REGULATORY TEXT

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

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 15 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.)

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, August 28, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PART IV)

AMENDMENT

1. The portion (see footnote 2) of the Canadian Aviation Regulations (see footnote 3) after section 400.05 and before the heading "SUBPART 1 — FLIGHT CREW PERMITS, LICENCES AND RATINGS" is replaced by the following:

DIVISION IV — EXTENSIONS

Extension of Validity Period

400.06 The Minister shall grant an extension of the validity period of an instrument rating, a flight instructor rating or a medical certificate if the holder of the rating or medical certificate meets the requirements set out in the Personnel Licensing and Training Standards respecting Flight Crew Permits, Licences and Ratings.

DIVISION V — CHANGE OF INFORMATION

Change of Address

400.07 The holder of a permit or licence shall notify the Department of Transport of any change of permanent address within seven days after the change.

[400.08 reserved]

COMING INTO FORCE

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

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Regulations Amending the Canadian Aviation Regulations (Part VI)

Statutory Authority

Aeronautics Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The proposed Regulations Amending the Canadian Aviation Regulations (Part VI) are intended to amend section 602.12 (Overflight of Built-Up Areas or Open-Air Assemblies of Persons during Take-Offs, Approaches and Landings) and to repeal subsection (1) of section 602.14 (Minimum Altitudes and Distances). The content of subsection (1) of section 602.14 will be relocated to proposed subsection 602.12(1).

This proposed amendment to section 602.12 (Overflight of Built-Up Areas or Open-Air Assemblies of Persons during Take-Offs, Approaches and Landings) will address a situation not, at present, covered by the Canadian Aviation Regulations (CARs). There is no current regulation that protects persons or property on the surface, in a built-up area or open-air assembly of persons, not in a city or town, from the creation of a hazard by aircraft operations. Aircraft operations on airports or aerodromes or within the built-up area of a city or town are controlled by several regulations and standards. As well, section 602.01 (Reckless or Negligent Operation of Aircraft) prohibits the operation of an aircraft in such a reckless or negligent manner as to endanger or be likely to endanger the life or property of any person. However, operation in a "reckless or negligent" manner is considered to be an extreme case. A proposed amendment to section 602.12 will prohibit the conduct of a take-off, approach or landing over a built-up area or over an open-air assembly of persons, except at an airport or military aerodrome, in a manner that is likely to create a hazard to persons or property in the event of a need for an immediate landing.

To ensure there will be no ambiguity in the interpretation of the proposed amendment to section 602.12 or of existing sections 602.14 (Minimum Altitudes and Distances) and 602.15 (Permissible Low Altitude Flight), the definition of when an aircraft shall be deemed to be operated over a built-up area or an open-air assembly of persons, at present in 602.14(1), is to be relocated to subsection (1) of 602.12. All three of the cited sections of the CARs address which altitudes are permitted over built-up areas or open-air assemblies of persons. The wording of this proposed change will ensure that the current application of the definition to sections 602.14 and 602.15 is clearly retained. No change is proposed to the content of the current definition.

Alternatives

To achieve the desired objective, there is no alternative to amending the existing Regulations.

Benefits and Costs

The proposed relocation of the definition of when an aircraft is deemed to be operated over a built-up area or over an open-air assembly of persons will entail no change to the current regulatory environment. There will be no benefit-cost impact from this relocation.

There is no current regulatory way of addressing the situation in which a pilot chooses to operate an aircraft in a hazardous manner that falls short of the extreme of reckless or negligent behaviour, while outside the bounds of a city or town. Although the airmanship and the good sense of the pilot of the aircraft, in most cases, serve to provide protection for persons or property, in a few instances, reliance on these factors has proven to be insufficient. Consequently, an amendment to section 602.12 is proposed to prohibit the creation of such a hazard over a built-up area or over an open-air assembly of persons. Reduction in the possibility of injury to persons or of damage to property is the expected benefit from this proposal.

This proposal will allow for action to be taken against flight crew who disregard their responsibility to operate with concern for the safety of others. Since such willing disregard for others' safety is a matter of individual choice and can be averted by choosing less hazardous but possibly somewhat more personally inconvenient actions, it is expected that the additional benefit provided to life and property will outweigh any potential increased costs from this proposed amendment.

Consultation

The members of the General Operating and Flight Rules Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) have been consulted with respect to these proposed amendments to the Canadian Aviation Regulations. The actively participating members of this Technical Committee include the Aerospace Industries Association of Canada, 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 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, International Council of Air Shows, Recreational Aircraft Association of Canada, Soaring Association of Canada, and Teamsters Canada. This proposed modification was also supported by a Member of Parliament, Mr. P. de Villiers, who assisted his constituents with their initiation of action in this matter. The General Operating and Flight Rules Technical Committee reviewed this proposed amendment at meetings in 1997 and 1998. The Committee recommended the adoption of the proposed amendment.

Compliance and Enforcement

The proposed amendment to the Regulations will 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 or 1-800-305-2059 (Telephone, general inquiries), (613) 990-1198 (Facsimile), www.tc.gc.ca (Internet).

PROPOSED REGULATORY TEXT

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

Interested persons may make representations concerning 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, Transport Canada, 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)

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, August 28, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PART VI)

AMENDMENTS

1. Section 602.12 of the Canadian Aviation Regulations (see footnote 4) is replaced by the following:

602.12 (1) For the purposes of this section and sections 602.14 and 602.15, an aircraft shall be deemed to be operated over a built-up area or over an open-air assembly of persons if the built-up area or open-air assembly of persons is within a horizontal distance of

(a) 500 feet from a helicopter or balloon; or

(b) 2,000 feet from an aircraft other than a helicopter or balloon.

(2) Except at an airport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons, in a manner that is likely to create a hazard to persons or property.

(3) Except at an airport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons unless that aircraft will be operated at an altitude from which, in the event of an engine failure or any other emergency necessitating an immediate landing, the aircraft can land without creating a hazard to persons or property.

2. Subsection 602.14(1) of the Regulations is repealed.

COMING INTO FORCE

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

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Footnote a

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

Footnote b

S.C. 1996, c. 20, s. 101

Footnote 1

SOR/96-433

Footnote c

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

Footnote 2

SOR/98-530; SOR/2001-49

Footnote 3

SOR/96-433

Footnote d

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

Footnote 4

SOR/96-433

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