Internal Process Bulletin (IPB) No. 2014-02

Temporary Changes to the Procedure for the Issuance of Regional Exemptions from the Canadian Aviation Regulations

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Issuing Office: Civil Aviation Document
No.:
IPB 2014-02
File Classification No.:

A 5015-11-1-U

Issue No.: 01
RDIMS No.: 9338744-V4 Effective Date: 2014-05-15

DOCUMENTS AFFECTED:

CAD 1 (REG-003) Exemptions from Regulatory Requirements (“CAD 1”)

SI REG-004 Process for the Assessment of Exemptions from the Canadian Aviation Regulations

PURPOSE:

The purpose of this Internal Process Bulletin (IPB) is to inform HQ and regional personnel of a temporary change to the procedure for the issuance of exemptions originating in the Regions, until such time as the Civil Aviation Directive on Exemptions from Regulatory Requirements (“CAD 1”) is updated.

Under this IPB, Regional Exemption Requests will be processed in the Regions but issued by the Director General, Civil Aviation to develop consistency across the national program.

As well, increased reporting requirements will enhance accountability and responsiveness between the regions and HQ, to the Requesting Party, and to the public.

BACKGROUND:

Under subsection 5.9(2) of the Aeronautics Act, the Minister of Transport or an authorized officer may exempt a party from the application of the Canadian Aviation Regulations (CARs), if the exemption is in the public interest and is not likely to negatively affect aviation safety.

The current policy for the review of exemptions is outlined in “CAD1” and SI REG-004.

Appendix A to CAD 1 states:

“Regional officials may issue exemptions to a particular individual, company, aircraft or operation that have little likelihood of recurring, that are unique, or that are likely to be unique. All exemptions issued by Regional officials must be consistent with any previously issued by the Minister, Deputy Minister, or Headquarters staff.

All exemptions and authorizations issued by the Regions must be copied to the Chief, Regulatory Affairs (AARBH) and the functional HQ Branch. Where appropriate, the file supporting the exemption request may be requested in order for AARBH to conduct its post-issue review. It is noted that given the Regions do not have parallel support in the legal vetting of exemptions as does HQ, AARBH staff is available for consultation.”

Appendix B to CAD 1 states:

“For planning purposes, coordinate the involvement of all relevant OPIs, OTIs and AARBH in the process, as early as possible.” SI REG-004 stipulates:
“When considering a request for a ministerial exemption from the CARs, TCCA Headquarters and Regional personnel shall demonstrate due diligence and document the decision-making process made on behalf of the Minister of Transport, in accordance with CAD 1, Exemptions from Regulatory Requirements.”

SI REG-004 stipulates:

“When considering a request for a ministerial exemption from the CARs, TCCA Headquarters and Regional personnel shall demonstrate due diligence and document the decision-making process made on behalf of the Minister of Transport, in accordance with CAD 1, Exemptions from Regulatory Requirements.”

Given this obligation to show due diligence and the need for collaboration between Regions and HQ, this IPB will outline the temporary measures and steps needed for the shared fulfillment of this mandate until such time as the updated procedures are defined in the appropriate directive and staff instruction.

This IPB reflects the goals of achieving consistency and responsiveness in all facets of the exemption review process.

IMMEDIATE CHANGES:

This bulletin serves to inform Transport Canada Civil Aviation (TCCA) of the following changes to procedures for the review of regional exemptions, effective May 15, 2014:

  1. Regional staff shall notify the HQ Exemptions Coordinator or designate upon receipt of a request for an exemption within two working days of receiving the request. Details to forward shall include: the requester’s identity, the deadline, the applicable CARs provision, whether there is a previous exemption that the requester is asking to renew, and the assigned CCM number. A copy of the exemption request should also be provided at this time.
  2. Certain regional exemptions are exempt from the requirements of this IPB, and can still be approved by a Regional Director, Civil Aviation. These exemptions include:

    -Exemptions which are issued in accordance with a template approved by the Director General, Civil Aviation (“DGCA”) or by any other functional authority in Headquarters (i.e. template for exemptions for Agricultural Aeroplane Operations as approved by Standards in (SI-600-001, Issue 01)).
    -Other exemptions as authorized by the DGCA
  3. This bulletin does not apply to :

    -Exemptions to airport zoning regulations;
    -Exemptions to standards incorporated by reference into the CARs and issued by the Director, National Operations or the Director, Standards;
    -Authorizations.
  4. The HQ Exemptions Coordinator or designate will forward a list of newly received requests for regional exemptions to the Director, Standards or designate on a weekly basis.
  5. The Director, Standards or designate shall advise the HQ Exemptions coordinator of the need for Standards Branch to review a specific exemption in detail within one week of receiving initial notice of the specific exemption request.
  6. Regional staff shall prepare an Assessment Paper and a draft Exemption (if the recommendation is to grant the exemption) and shall provide RDIMS access to these documents to the HQ Exemptions Coordinator within two weeks of the Region receiving the request.

    Regional staff should inform the HQ Exemptions Coordinator should more time be required to complete the assessment of the exemption request.

    In the case where a determination is made not to grant the exemption, a copy of the exemption refusal letter shall be sent to the HQ Exemptions Coordinator or designate for review by Regulatory Affairs before it can be signed by the Regional Director, Civil Aviation.
  7. The HQ Exemptions Coordinator or designate will assign each Exemption Request to an AARBH Senior Regulatory Affairs Analyst (AARBH Analyst), who will complete a regulatory compliance review of the Exemption Request within two weeks of receiving the Assessment Paper and draft Exemption. At the same time as the AARBH Analyst is assigned, the HQ Exemptions Coordinator will forward a copy of the Exemption, Assessment Paper, and Exemption Request to the Director, Standards (or designate) where a detailed review by Standards Branch has been requested.
  8. IF NO DETAILED REVIEW BY STANDARDS REQUESTED: Once the AARBH Analyst has completed the regulatory compliance review, the HQ Exemptions Coordinator or designate will submit the Exemption, Assessment Paper and Exemption Request to the DGCA’s Office for review and sign off by the DGCA.
  9. IF DETAILED REVIEW BY STANDARDS BRANCH REQUESTED: Where Standards Branch deems a detailed review of an exemption request necessary, Standards Branch shall undertake this review concurrently with the AARBH Analyst’s two week review. Once the AARBH Analyst and Standards have completed their respective reviews, the HQ Exemptions Coordinator or designate will submit the Exemption, Assessment Paper and Exemption Request to the Director, Standards, for review and sign off, and then to the DGCA’s Office for review and signature by the DGCA.
  10. All Regional Exemptions under the scope of this IPB must be signed by the Director General, Civil Aviation, on the Minister’s behalf.
  11. Regional Staff will be responsible for reporting to, and sending the decision letter and a copy of the signed exemption to the Requesting Party.
  12. In cases of urgent exemption requests (urgent being defined as situations where there is less than 2 weeks between the receipt of the exemption request by the Region and the deadline for the final decision regarding the exemption request), Regional Staff will flag the urgent exemption request at the initial notification of the HQ Exemptions Coordinator.
  13. Where there is an urgent exemption request made, the Chief, Regulatory Affairs (AARBH) may waive the requirements of this IPB or assign the regulatory compliance review of that exemption to an AARBH Analyst for review on an expedited basis.

CONTACT OFFICE:

For more information concerning this issue, contact a Transport Canada Centre; or contact Marie-Anne Dromaguet, Chief – Regulatory Affairs, in Ottawa, by telephone at (613) 990-1184, by fax at (613)990-1198 or by e-mail at marie-anne.dromaguet@tc.gc.ca.

Original signed by

Shari Currie
Director – Policy and Regulatory Services
Civil Aviation

Date modified: