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Vol. 136, No. 44 — November 2, 2002
Regulations Amending the Food and Drug Regulations
Statutory Authority
Food and Drugs Act and Controlled Drugs and Substances Act
Sponsoring Department
Department of Health
REGULATORY IMPACT ANALYSIS STATEMENT
For the Regulatory Impact Analysis Statement, see the previous Regulations Amending the Narcotic Control Regulations.
PROPOSED REGULATORY TEXT
Notice is hereby given that the Governor in Council, pursuant to subsection 30(1) (see footnote a) of the Food and Drugs Act and subsection 55(1) of the Controlled Drugs and Substances Act (see footnote b) , proposes to make the annexed Regulations Amending the Food and Drug Regulations.
Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Nathan Isotalo, Office of Controlled Substances, Department of Health, Address Locator 3503 D, Ottawa, Ontario K1A 1B9 (Fax: (613) 946-4224; e-mail: OCS_Policy_and_ Regulatory_Affairs@hc-sc.gc.ca).
Persons making representations should identify any of those representations the disclosure of which should be refused 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, October 31, 2002
EILEEN BOYD
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS
AMENDMENTS
1. (1) The definition "Act" in section A.01.010 of the Food and Drug Regulations (see footnote 1) is replaced by the following:
"Act" means the Food and Drugs Act, except in Parts G and J; (Loi)
(2) Section A.01.010 of the Regulations is amended by adding the following in alphabetical order:
"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)
2. (1) Paragraph (c) of the definition "proper name" in subsection G.01.001(1) of the Regulations is replaced by the following:
(c) assigned in any of the publications mentioned in Schedule B to the Food and Drugs Act in the case of a drug not included in paragraph (a) or (b) of this definition; (nom propre)
(2) Subsection G.01.001(2) of the Regulations is amended by adding the following in alphabetical order:
"Act" means the Controlled Drugs and Substances Act (Loi)
"designated drug offence" means
(a) an offence against section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as those provisions read immediately before May 14, 1997,
(b) an offence against section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, as those provisions read immediately before May 14, 1997,
(c) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1), or
(d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in any of paragraphs (a) to (c); (infraction désignée en matière de drogue)
3. Section G.02.024.2 of the Regulations is replaced by the following:
G.02.024.2. Section G.02.024.1 does not apply to a licensed dealer to whom the Minister has issued a notice of retraction of the notice
(a) under section G.03.017.3, in respect of a pharmacist named in a notice issued by the Minister under section G.03.017.2; or
(b) under section G.04.004.3, in respect of a practitioner named in a notice issued by the Minister under section G.04.004.2.
4. Section G.03.002.2 of the Regulations is replaced by the following:
G.03.002.2. Section G.03.002.1 does not apply to a pharmacist to whom the Minister has issued a notice of retraction of the notice
(a) under section G.03.017.3, in respect of a pharmacist named in a notice issued by the Minister under section G.03.017.2; or
(b) under section G.04.004.3, in respect of a practitioner named in a notice issued by the Minister under section G.04.004.2.
5. Sections G.03.017 to G.03.017.5 of the Regulations are replaced by the following:
G.03.017. The Minister shall provide in writing any factual information about a pharmacist that has been obtained under the Act or these Regulations to the licensing authority responsible for the registration or authorization of the person to practise their profession
(a) in the province in which the pharmacist is registered or entitled to practise if
(i) the authority submits a written request that states the name and address of the pharmacist, a description of the information being sought and a statement that the information is required for the purpose of assisting a lawful investigation by the authority, or
(ii) the Minister has reasonable grounds to believe that the pharmacist has
(A) contravened a rule of conduct established by the authority,
(B) been found guilty in a court of law of a designated drug offence or of a contravention of this Part, or
(C) contravened a provision of this Part; or
(b) in a province in which the pharmacist is not registered or entitled to practise, if the authority submits to the Minister
(i) a written request for information that states
(A) the name and address of the pharmacist, and
(B) a description of the information being sought, and
(ii) documentation that shows that the pharmacist has applied to that authority to practise in that province.
G.03.017.1. A pharmacist may make a written request to the Minister to send to the persons and authorities specified in subsection G.03.017.2(3) a notice, issued under section G.03.017.2, advising them that recipients of the notice must not sell or provide a controlled drug other than a preparation, a preparation, or both, to that pharmacist.
G.03.017.2. (1) In the circumstances described in subsection (2), the Minister must issue a notice to the persons and authorities specified in subsection (3) advising them that licensed dealers and pharmacists practising in the notified pharmacies must not sell or provide to the pharmacist named in the notice a controlled drug other than a preparation, a preparation, or both.
(2) The notice must be issued if the pharmacist named in the notice has
(a) made a request to the Minister in accordance with section G.03.017.1 to issue the notice;
(b) contravened a rule of conduct established by the licensing authority of the province in which the pharmacist is practising and that licensing authority has requested the Minister in writing to issue the notice; or
(c) been found guilty in a court of law of a designated drug offence or of an offence under this Part.
(3) The notice must be issued to
(a) all licensed dealers;
(b) all pharmacies within the province in which the pharmacist named in the notice is registered and practising;
(c) the licensing authority of the province in which the pharmacist named in the notice is registered or entitled to practise; and
(d) any interested licensing authority in another province that has made a request to the Minister to issue the notice.
(4) Subject to subsection (5), the Minister shall issue the notice described in subsection (1) to the persons and authorities specified in subsection (3), if the Minister, on reasonable grounds, believes that the pharmacist named in the notice
(a) has contravened any of the provisions of sections G.03.001 to G.03.016;
(b) has, on more than one occasion, self-administered a controlled drug, other than a preparation, contrary to accepted pharmaceutical practice;
(c) has, on more than one occasion, self-administered a preparation, contrary to accepted pharmaceutical practice;
(d) has, on more than one occasion, provided or administered a controlled drug, other than a preparation, to a person who is a spouse, common-law partner, parent or child of the pharmacist, contrary to accepted pharmaceutical practice;
(e) has, on more than one occasion, provided or administered a preparation to a person who is a spouse, common-law partner, parent or child of the pharmacist, contrary to accepted pharmaceutical practice; or
(f) is unable to account for the quantity of controlled drug for which the pharmacist was responsible under this Part.
(5) In the circumstances described in subsection (4), the Minister must not issue the notice referred to in subsection (1) until the Minister has
(a) consulted with the licensing authority of the province in which the pharmacist to whom the notice relates is registered or entitled to practise;
(b) given that pharmacist an opportunity to present reasons why the notice should not be issued and considered those reasons; and
(c) considered
(i) the compliance history of the pharmacist in respect of the Act and the regulations made or continued under it, and
(ii) whether the actions of the pharmacist pose a significant security, public health or safety hazard, including the risk of the controlled drug being diverted to an illicit market or use.
G.03.017.3. The Minister must provide the licensed dealers, pharmacies and licensing authorities who were issued a notice under subsection G.03.017.2(1) with a retraction of that notice if
(a) in the circumstance described in paragraph G.03.017.2(2)(a), the requirements set out in subparagraphs (b)(i) and (ii) have been met and one year has elapsed since the notice was issued by the Minister; or
(b) in a circumstance described in any of paragraphs G.03.017.2(2)(b) and (c) and (4)(a) to (f), the pharmacist named in the notice has
(i) requested in writing that a retraction of the notice be issued, and
(ii) provided a letter from the licensing authority of the province, in which the pharmacist is registered or entitled to practise, in which the authority consents to the retraction of the notice.
6. Sections G.04.004 to G.04.004.5 of the Regulations are replaced by the following:
G.04.004. The Minister shall provide in writing any factual information about a practitioner that has been obtained under the Act or these Regulations to the licensing authority responsible for the registration or authorization of the person to practise their profession
(a) in the province in which the practitioner is registered or entitled to practise if
(i) the authority submits a written request that states the name and address of the practitioner, a description of the information being sought and a statement that the information is required for the purpose of assisting a lawful investigation by the authority, or
(ii) the Minister has reasonable grounds to believe that the practitioner has
(A) contravened a rule of conduct established by the authority,
(B) been found guilty in a court of law of a designated drug offence or of a contravention of this Part, or
(C) contravened a provision of this Part; or
(b) in a province in which the practitioner is not registered or entitled to practise, if the authority submits to the Minister
(i) a written request for information that states
(A) the name and address of the practitioner, and
(B) a description of the information being sought, and
(ii) documentation that shows that the practitioner has applied to that authority to practise in that province.
G.04.004.1. A practitioner may make a written request to the Minister to send to licensed dealers and pharmacies a notice, issued under section G.04.004.2, advising them of one or more of the following requirements:
(a) recipients of the notice must not sell or provide a controlled drug, other than a preparation, to that practitioner;
(b) recipients of the notice must not sell or provide a preparation to that practitioner;
(c) pharmacists practising in the notified pharmacies must not fill a prescription or order for a controlled drug, other than a preparation, from that practitioner; and
(d) pharmacists practising in the notified pharmacies must not fill a prescription or order for a preparation from that practitioner.
G.04.004.2. (1) In the circumstances described in subsection (2), the Minister must issue a notice to the persons and authorities specified in subsection (3) advising them that
(a) licensed dealers and pharmacists practising in the notified pharmacies must not sell or provide to the practitioner named in the notice a controlled drug other than a preparation, a preparation, or both; or
(b) pharmacists practising in the notified pharmacies must not fill a prescription or order from the practitioner named in the notice for a controlled drug other than a preparation, a preparation, or both.
(2) The notice must be issued if the practitioner named in the notice has
(a) made a request to the Minister in accordance with section G.04.004.1 to issue the notice;
(b) contravened a rule of conduct established by the licensing authority of the province in which the practitioner is practising and that licensing authority has requested the Minister in writing to issue the notice; or
(c) been found guilty in a court of law of a designated drug offence or of an offence under this Part.
(3) The notice must be issued to
(a) all licensed dealers;
(b) all pharmacies within the province in which the practitioner named in the notice is registered and practising;
(c) the licensing authority of the province in which the practitioner named in the notice is registered or entitled to practise;
(d) any interested licensing authority in another province that has made a request to the Minister to issue the notice; and
(e) all pharmacies in an adjacent province in which a prescription or order from the practitioner named in the notice may be filled.
(4) Subject to subsection (5), the Minister shall issue the notice described in subsection (1) to the persons and authorities specified in subsection (3), if the Minister, on reasonable grounds, believes that the practitioner named in the notice
(a) has contravened any of the provisions of sections G.04.001 to G.04.002A;
(b) has, on more than one occasion, self-administered a controlled drug, other than a preparation, under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted medical, dental or veterinary practice;
(c) has, on more than one occasion, self-administered a preparation, under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted medical, dental or veterinary practice;
(d) has, on more than one occasion, prescribed, provided or administered a controlled drug, other than a preparation, to a person who is a spouse, common-law partner, parent or child of the practitioner, contrary to accepted medical, dental or veterinary practice;
(e) has, on more than one occasion, prescribed, provided or administered a preparation to a person who is a spouse, common-law partner, parent or child of the practitioner, contrary to accepted medical, dental or veterinary practice; or
(f) is unable to account for the quantity of controlled drug for which the practitioner was responsible under this Part.
(5) In the circumstances described in subsection (4), the Minister must not issue the notice referred to in subsection (1) until the Minister has
(a) consulted with the licensing authority of the province in which the practitioner to whom the notice relates is registered or entitled to practise;
(b) given that practitioner an opportunity to present reasons why the notice should not be issued and considered those reasons; and
(c) considered
(i) the compliance history of the practitioner in respect of the Act and the regulations made or continued under it, and
(ii) whether the actions of the practitioner pose a significant security, public health or safety hazard, including the risk of the controlled drug being diverted to an illicit market or use.
G.04.004.3. The Minister must provide the licensed dealers, pharmacies and licensing authorities who were issued a notice under subsection G.04.004.2(1) with a notice of retraction of that notice if
(a) in the circumstance described in paragraph G.04.004.2(2)(a), the requirements set out in subparagraphs (b)(i) and (ii) have been met and one year has elapsed since the notice was issued by the Minister; or
(b) in a circumstance described in any of paragraphs G.04.004.2(2)(b) and (c) and (4)(a) to (f), the practitioner named in the notice has
(i) requested in writing that a retraction of the notice be issued, and
(ii) provided a letter from the licensing authority of the province, in which the practitioner is registered or entitled to practise, in which the authority consents to the retraction of the notice.
7. The Regulations are amended by replacing the expression "section G.03.017.1" with the expression "section G.03.017.2" in the following provisions:
(a) paragraph G.02.024.1(a); and
(b) paragraph G.03.002.1(a).
8. The Regulations are amended by replacing the expression "section G.04.004.1" with the expression "section G.04.004.2" in the following provisions:
(a) paragraph G.02.024.1(c); and
(b) paragraph G.03.002.1(c).
COMING INTO FORCE
9. These Regulations come into force on the day on which they are registered.
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Regulations Amending the Canadian Aviation Regulations (Part I)
Statutory Authority
Aeronautics Act
Sponsoring Department
Department of Transport
REGULATORY IMPACT ANALYSIS STATEMENT
Description
These proposed Regulations Amending the Canadian Aviation Regulations (Part I) will revise the existing definitions of "day" and "night" in section 101.01 Interpretation of Part I General Provisions of the Canadian Aviation Regulations (CARs). Many regulations and standards apply specifically to aviation operations at night or differentiate between operations permitted by day and those permitted at night. Often, air operators or pilots holding Canadian aviation documents are restricted to day only operations. Thus, the existence in the CARs of definitions of "day" and of "night" is an important regulatory tool, as well as having significant economic implications for the aviation industry.
Both current definitions rely on a period of one-half hour before sunrise (day) and one-half hour after sunset (night). The intent of the definitions is to include the lighting and visibility conditions of twilight with those of day for aviation operational purposes. They take into account the latitudes and seasons during which the sun neither rises nor sets daily by defining day and night in these places in relation to the centre of the sun's disc with respect to the horizon. Many of the northern regions of Canada lie in latitudes where, in the spring and fall, the sun rises and sets daily but does so after a lengthy period of twilight. This period in these locations can be up to two hours, i.e. much longer than the half-hour allowed for in the current aviation-specific definitions of "day" and "night." At times and places where the sun does rise and set daily but with a period of twilight which is much longer than the half-hour during certain seasons, the current definition of "night" is unnecessarily restrictive. In these latitudes, and at these times, "night" begins, with its additional operational restrictions, one half-hour after sunset although the light conditions may be sufficient for day operations for much longer.
To avoid ambiguity, in English, between the use of "day" to mean daylight conditions and "day" to mean a period of twenty-four hours, the proposed English definition of "day," when the context refers to daylight conditions, will be revised to refer to "day or daylight." This ambiguity does not exist in French. However, the French definition refers only to "day." "Day or daylight" will be defined as "the time between the beginning of morning civil twilight and the end of evening civil twilight." Since the use of "night" involves no such ambiguity, "night" will be defined as "the time between the end of evening civil twilight and the beginning of morning civil twilight." These changes will acknowledge geographical variations in light conditions at different times of year and will reduce the daily period during which restrictions related to night operating conditions apply in northern districts.
Alternatives
No alternative to regulatory change is available to achieve the intended revision of the definitions of "day" and "night."
Benefits and Costs
Throughout the development of the aviation regulations and standards Transport Canada applies risk management concepts. Where there are risk implications the analysis of these proposed amendments has concluded that the imputed risk is acceptable in light of the expected benefits.
The proposed revisions to the two definitions will greatly reduce much of the period in northern latitudes during which night restrictions on aviation operations apply. Regulations specific to commercial night operations impose route restrictions, weather limits, extra fuel requirements, pilot qualifications and requirements for additional obligatory equipment, which are not imposed for day operations, all of which add to operational costs. Thus, night operations tend to be more expensive than day operations. By reducing the period during which night restrictions apply, operational costs will be reduced for northern operators. This cost reduction will benefit northern communities that are dependent on aviation for their transportation needs.
The proposed changes to the definitions will have no significant impact on aviation operations in other locations. "Civil twilight" is a term used internationally in aviation. Jane's Aerospace Dictionary (see footnote 2) defines it as "period at sunrise or sunset when sun's centre is between 0 degrees 50 minutes and 6 degrees below horizon." A similar definition is provided in a note to the definition of "night" in Annex 6 Operation of Aircraft to the International Civil Aviation Organization (ICAO) International Standards and Recommended Practices. The Aeronautical Information Publication (A.I.P.) provides morning and evening twilight charts which can be used to calculate civil twilight at any Canadian latitude. Where the use of one half-hour before sunrise or one half-hour after sunset is currently acceptable as an approximation of civil twilight, this convenient practice will continue to be useful.
Because the intent of the proposed revisions is to acknowledge the existence in northern regions of lengthy twilight light conditions during which aviation operations can be safely conducted in conformance with regulatory requirements pertaining to daylight conditions, no impact on aviation safety is expected. The benefit-cost impact of these proposed amendments is expected to be positive.
Consultation
The members of the Commercial Air Service Operations (CASO) Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) have been consulted with respect to these proposed amendments to the Canadian Aviation Regulations. Active members of the CASO Technical Committee include the Advisory Committee on Accessible Transportation, Aerospace Industries Association of Canada, Air B.C., Air Canada, Air Canada Pilots Association, Air Line Pilots Association — Canada, Air Transport Association of Canada, Association québécoise des transporteurs aériens inc., Canadian Air Line Dispatchers' Association, Canadian Auto Workers, Canadian Business Aircraft Association, Canadian Labour Congress, Canadian Union of Public Employees, Helicopter Association of Canada, Parks Canada, and Teamsters Canada. The members of the Technical Committee approved the proposed amendment at a meeting in December 1998.
Since the proposed amendments will be of general application, the members of the General Operating and Flight Rules Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) were provided with an opportunity to comment on them in June 2000. The actively participating members of this Technical Committee include the Aero Club of Canada, Aéroports de Montréal, Aerospace Industries Association of Canada, Air B.C., Air Canada, Air Canada Pilots Association, Air Line Pilots Association, Air Line Pilots Association — Canada, Air Nova, Air Operations Group Association, Air Transport Association of Canada, Association québécoise des transporteurs aériens inc., Canada 3000, Canadian Airlines International Ltd., Canadian Air Traffic Controllers Association, Canadian Association of Professional Radio Operators, Canadian Association of Professional Skydivers, Canadian Auto Workers, Canadian Balloon Association, Canadian Business Aircraft Association, Canadian Labour Congress, Canadian Owners and Pilots Association, Canadian Regional, Canadian Sport Parachuting Association, Canadian Union of Public Employees, Edmonton Airports, Experimental Aircraft Association — Canadian Council, Hang Gliding and Paragliding Association of Canada, Helicopter Association of Canada, International Council of Air Shows, Mile High Parachuting, NAV CANADA, Recreational Aircraft Association of Canada, Royal Airlines, Soaring Association of Canada, Ultralight Pilots Association of Canada, and Teamsters Canada.
The proposed amendments were presented at the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers in the Civil Aviation Directorate of the Department of Transport, in April 1999 and approved by the members of CARC.
Compliance and Enforcement
These Regulations will be applied in support of enforcement action through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, through suspension or cancellation of a Canadian aviation document, or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.
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 (Electronic mail).
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 I).
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).
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, October 31, 2002
EILEEN BOYD
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PART I)
AMENDMENT
1. The definitions "day" and "night" in subsection 101.01(1) of the Canadian Aviation Regulations (see footnote 3) are replaced by the following:
"day" or "daylight" means the time between the beginning of morning civil twilight and the end of evening civil twilight; (jour)
"night" means the time between the end of evening civil twilight and the beginning of morning civil twilight; (nuit)
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 (Parts I, IV and V)
Statutory Authority
Aeronautics Act
Sponsoring Department
Department of Transport
REGULATORY IMPACT ANALYSIS STATEMENT
Description
General
These Regulations Amending the Canadian Aviation Regulations (Parts I, IV and V) comprise amendments to five regulations and the introduction of a new regulation, all of which will address procedures relating to aircraft maintenance. In Part I (General Provisions), the proposed amendment will clarify the definition of "maintenance" in section 101.01 (Interpretation). The two amendments proposed for Part IV (Personnel Licensing and Training) will clarify the examination time limits pertinent to applicants for aircraft maintenance engineer licences in section 400.03 (Time Limits) and, in section 403.08 (Approved Training Organizations), will introduce a requirement that the Minister of Transport approve a training control manual when it meets the prescribed requirements. The two amendments being proposed for Part V (Airworthiness) will remove existing limitations on who may apply for an additional flight authority in section 507.08 (Issuance of Additional Flight Authority) and will correct the wording of the French text in section 571.10 (Maintenance Release) to be consistent with the wording of the English text in that section.
The proposed new regulation, section 507.13 (Replacing a Lost or Destroyed Flight Authority), will clarify the obligations of the Minister of Transport and of the aircraft owner with respect to lost or destroyed flight authorities.
Specific
Part I (General Provisions)
Part I contains definitions affecting more than one Part of the Canadian Aviation Regulations (CARs) and administrative provisions applicable to all parts of the CARs.
Section 101.01 (Interpretation)
This proposal will modify the definition of "maintenance," currently contained in section 101.01 (Interpretation), by adding a new paragraph stating that work performed on an aircraft by the manufacturer prior to the issuance of the first certificate of airworthiness or of the export airworthiness certificate may not be certified under the maintenance rules. Work carried out by the manufacturer prior to the issue of the first certificate of airworthiness or of the export airworthiness certificate is performed under the authority of a manufacturer certificate.
Part IV (Personnel Licensing and Training)
Part IV of the CARs deals with the personnel licensing and training rules that apply to all personnel documents (permits, licences and ratings) issued under the CARs.
Section 400.03 (Time Limits)
At present, subsection 400.03(1) requires that tests, skill letters and examinations, including all sections of a sectionalized examination, that are required for the issuance of a permit or licence or for the endorsement of a permit or licence with a rating shall be completed during the 24-month period preceding the date of application for the permit, licence or rating. Certain exceptions to the 24-month requirement are allowed for examinations for issue of a student pilot permit or of an airline transport pilot licence.
However, Standard section 566.03 (Issuance and Endorsement of an AME Licence) requires that the regulatory requirements examination for issue of an aircraft maintenance engineer (AME) licence be successfully completed within 12 months after the date on which the application for the licence was accepted by Transport Canada.
The proposed amendment to section 400.03 will eliminate the discrepancy between the requirements of this section and of Standard section 566.03. It is proposed that a new subsection (3) be added to section 400.03, to specify that the regulatory requirements examination referred to in section 566.03 shall be completed during the 12-month period immediately following the date on which the application for the licence is accepted by the Minister.
Section 403.08 (Approved Training Organizations)
Section 403.08 (Approved Training Organizations) prohibits an individual from providing aircraft maintenance training courses as an Approved Training Organization, unless the person holds an approved training organization certificate issued by the Minister of Transport. An approved training organization certificate is issued to a person who
— makes an application for a certificate; and
— meets the standards for the proposed training as set out in Standard 566 (Aircraft Maintenance Engineer Licensing and Training).
Section 566.09 (Application for Approval) of Standard 566 requires that the applicant for an approved training organization certificate submit two copies of a policy manual that meets the requirements of Standard section 566.10 (Policy Manual (PM)) to the Minister of Transport.
Previous to the 1999 amendment of Standard 566, the policy manual referred to in section 566.10 was referred to as a training control manual. This terminology is still commonly used. A training control manual details the training courses, facilities and instructors' aptitudes pertinent to the training to be provided by the training organization. No current regulatory requirements require the Minister of Transport to approve a manual containing this information, whether it is called a policy manual or a training control manual. The proposed amendment will introduce a new subsection (3) to section 403.08 (Approved Training Organizations) requiring that the Minister of Transport approve a policy manual or a training control manual and any amendments to that manual, if the manual and amendments meet the requirements of Standard 566.
Part V (Airworthiness)
Part V of the CARs deals with the airworthiness rules that apply to all aircraft operations, both commercial and private.
Section 507.08 (Issuance of Additional Flight Authority)
A Canadian flight authority is a document which attests to an aircraft's fitness for flight based on Canadian airworthiness standards. Under certain circumstances, such as in the case of a damaged aircraft or one with inoperative systems being flown to a maintenance base, an application may be made for an additional flight authority for an aircraft that no longer meets the standards upon which the existing flight authority was issued, but which is still safe for flight. The current reference in paragraph 507.08(1)(b) to Part IV (Personnel Licensing and Training) or CARs Part VII (Commercial Air Services) of the Canadian Aviation Regulations excludes aircraft being operated under Part VI, Subpart 4 (Private Operator Passenger Transportation) that have been damaged or have inoperative systems from being granted an additional flight authority to allow flight to a site where maintenance can be performed. The proposed amendment to subsection 507.08(1) will remove the reference to Part IV and Part VII, thus allowing operations under Part VI, Subpart 4 to be granted an additional flight authority.
Section 571.10 (Maintenance Release)
Section 571.10 (Maintenance Release) contains the requirements for the maintenance release of an aircraft. A maintenance release certifies that the maintenance performed on an aircraft complies with required standards of airworthiness.
The English text of subsection 571.10(4) requires that a maintenance release, signed in respect of maintenance performed on an aircraft which cannot be verified by inspection or testing of the aircraft on the ground, must be "conditional" on the satisfactory completion of a test flight. The maintenance release is conditional on the satisfactory completion of a test flight of certain repairs that can only be verified in flight. The French text of subsection 571.10(4) erroneously requires that a maintenance release, signed for maintenance performed on an aircraft which cannot be verified by inspection or testing of the aircraft on the ground, must be "additional" to the completion of a satisfactory test flight. This proposed amendment will correct the wording of the French text to be consistent with the wording of the English text.
New Section 507.13 (Replacing a Lost or Destroyed Flight Authority)
Proposed new section 507.13 (Replacing a Lost or Destroyed Flight Authority) will clarify the obligations of the Minister of Transport and of the applicant for a replacement with respect to lost or destroyed flight authorities.
This proposed section will require the Minister of Transport to replace a lost or destroyed flight authority of a Canadian aircraft on receipt of either a written application from the registered owner or from a representative of the owner, if the aircraft continues to meet the requirements for issue of the flight authority.
Alternatives
These proposed amendments to the Canadian Aviation Regulations Part I (General Provisions), Part IV (Personnel Licensing and Training) and Part V (Airworthiness) will remove ambiguity from existing provisions in the CARs. The intentions of these changes are not achievable by non-regulatory means.
Benefits and Costs
Throughout the development of the aviation regulations and standards, Transport Canada applies risk management concepts. Where there are risk implications, the analysis of these proposed amendments has concluded that the imputed risk is acceptable in light of the expected benefits.
These proposed amendments will improve understanding of, and compliance with, the intent of existing requirements. For the majority of the modifications proposed, no change to existing procedures and practices is expected and, therefore, no additional costs are anticipated. The proposed amendment to section 507.08 (Issuance of Additional Flight Authority) will allow an operator under Part VI Subpart 4 (Private Operator Passenger Transportation) to apply for a flight authority to fly a damaged aircraft or an aircraft with unserviceable systems to a maintenance base. Since the aircraft must be safe for flight for the flight authority to be granted, there will be no decrease in safety from this proposal. Private operators will benefit from easier access to maintenance facilities. These proposed amendments are expected to have no significant benefit-cost implications.
Consultation
These proposed amendments result from consultations with members of the Part V Aircraft Maintenance and Manufacturing Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC). The actively participating members of this Technical Committee include the Aerospace Industries Association of Canada, Air Canada, the Air Transport Association of Canada, the American Owners and Pilots Association-Canada, Bell Helicopter Textron Canada, Bombardier, Canadian Airlines International Ltd., the Canadian Association of Aviation Distributors and Maintenance Organizations, the Canadian Aviation Maintenance Council, the Canadian Business Aircraft Association, the Canadian Federation of Aircraft Maintenance Engineer Associations, the Canadian Owners and Pilots Association, the Canadian Sports Aviation Council, Canadore College, Centennial College, the Department of Justice, the Department of National Defence, the Experimental Aircraft Association — Canadian Council, Field Aviation Co. Inc., Flight Safety Canada, Hope Aero, Innotech Aviation, the International Association of Machinists and Aerospace Workers, the National Training Association, the Northern Alberta Institute of Technology, the Ontario Aircraft Maintenance Engineer Association, Pratt and Whitney Canada, the Recreational Aircraft Association, Spar Aviation Services, the Transportation Safety Board of Canada, the Ultralight Pilots Association of Canada and the Western Aircraft Maintenance Engineer Association.
The Aircraft Maintenance and Manufacturing Technical Committee reviewed these proposed amendments to the CARs in 1998. All the proposals were presented at one of the February, April and September 1998 meetings. The consensus of the Technical Committee was to recommend the adoption of these proposed amendments. There were no dissents.
The proposed amendments were presented at the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers in the Civil Aviation Directorate of the Department of Transport, in June and December 1998. The members of the CARC approved the proposed amendments.
Compliance and Enforcement
These regulations will generally be enforced through the assessment of monetary penalties imposed under section 7.6 to 8.2 of the Aeronautics Act, through suspension or cancellation of a Canadian aviation document, or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.
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 section 4.9 (see footnote d) of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Parts I, IV and V).
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, Department of Transport, Place de Ville, Tower C, Ottawa, Ontario K1A 0N8. (Tel.: general inquiries: (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, October 31, 2002
EILEEN BOYD
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PARTS I, IV AND V)
AMENDMENTS
1. The definition "maintenance" in subsection 101.01(1) of the Canadian Aviation Regulations (see footnote 4) is replaced by the following:
"maintenance" means the overhaul, repair, required inspection or modification of an aeronautical product, or the removal of a component from or its installation on an aeronautical product, but does not include
(a) elementary work,
(b) servicing, or
(c) any work performed on an aircraft by the manufacturer prior to the issuance of the first certificate of airworthiness or the export airworthiness certificate; (maintenance)
2. (1) Subsection 400.03(1) of the Regulations is replaced by the following:
400.03 (1) Subject to subsection (3), tests, skill letters and examinations, including all sections of a sectionalized examination, that are required for the issuance of a permit or licence or for the endorsement of a permit or licence with a rating shall be completed during the 24-month period immediately preceding the date of the application for the permit, licence or rating.
(2) Section 400.03 of the Regulations is amended by adding the following after subsection (2):
(3) The regulatory requirements examination referred to in subsection 566.03(5) of Standard 566 — Aircraft Maintenance Engineer Licensing and Training that is required for the issuance of an aircraft maintenance engineer (AME) licence shall be completed during the 12-month period immediately following the date on which the application for the licence is accepted by the Minister.
3. Section 403.08 of the Regulations is amended by adding the following after subsection (2):
(3) The minister shall approve a policy manual or a training control manual and any amendments to that manual if the manual and amendments meet the requirements of Standard 566 — Aircraft Maintenance Engineer Licensing and Training.
4. Subsection 507.08(1) of the Regulations is replaced by the following:
507.08 (1) When the owner of an aircraft requests an additional flight authority in accordance with section 507.06 and demonstrates compliance with the applicable standards contained in Standard 507 — Flight Authority and Certificate of Noise Compliance and if the aircraft is safe for flight, the Minister shall issue
(a) in the case of an aircraft that has been damaged or has inoperative systems such that it no longer conforms to the conditions of the existing flight authority, an additional flight authority to allow the aircraft to be flown to a location where the required maintenance can be performed; or
(b) in the case of an aircraft that has been modified to allow multiple configurations one of which results in the aircraft no longer meeting the conditions of issue of the existing flight authority, an additional flight authority in respect of the new configuration.
5. The reference "[507.13 to 507.19 reserved]" after section 507.12 of the Regulations is replaced by the following:
Replacing a Lost or Destroyed Flight Authority
507.13 The Minister shall replace a lost or destroyed flight authority of a Canadian aircraft on receipt of a written application from the registered owner, or from a representative of the owner as specified in Standard 507 — Flight Authority and Certificate of Noise Compliance, if the aircraft continues to meet the requirements for the issue of the flight authority.
[507.14 to 507.19 reserved]
6. Subsection 571.10(4) of the French version of the Regulations is replaced by the following:
(4) Lorsqu'une personne signe une certification après maintenance relativement à des travaux de maintenance dont l'achèvement satisfaisant ne peut être assuré au moyen d'une inspection ou d'un essai au sol de l'aéronef sur lequel les travaux ont été exécutés, la certification après maintenance doit être conditionnelle à l'exécution satisfaisante d'un vol d'essai effectué conformément aux paragraphes 605.85(2) et (3), par l'ajout de la mention « sous réserve d'un vol d'essai satisfaisant ».
COMING INTO FORCE
7. These Regulations come into force on the day on which they are registered.
[44-1-o]
S.C. 1999, c. 33, s. 347
S.C. 1996, c. 19
C.R..C., c. 870
Bill Gunston, Jane's Aerospace Dictionary, 3rd ed., (Coulson, Surrey, U.K.: Jane's Information Group Ltd., 1988).
S.C. 1992, c. 4, s. 7
SOR/96-433
S.C. 1992, c. 4, s. 7
SOR/96-433
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