5.2 Enforcement Steps

5.2.1  Step 1 (Report of Findings)

  1. A written report is to be directed to the Foreign Inspection Division (AARXH) with a copy to the Inspector's Branch Supervisor. It is essential that this report be submitted as soon as possible after a deficiency/violation, etc., has been detected or observed. It is also essential that the report be detailed and copies of any documentary evidence attached.
     
  2. It must be emphasized here, that the foregoing in no way is intended to preclude an inspector from issuing a Notice of Detection (Form 26-0471) or a Notice of Aircraft Inspection (Form 24-0009) as the case may be. A copy of the issued form must be filed with the Foreign Inspection Division soon as possible after the event.
     
  3. Where there is an immediate threat to safety a Notice of Detention of Aircraft (Form 26-0365) must be issued. When an aircraft is to be detained, Regional Enforcement Officers should be involved, as they have the experience, knowledge and contacts to ease a difficult situation. In this case, it is imperative that a copy of any such notice be filed with the Foreign Inspection Division (AARXH) immediately. In fact if time permits, a prior advice to the Foreign Inspection Division would be appropriate. This in order to alert other interested Agencies/Departments as necessary, e.g. Department of Foreign Affairs and International Trade (DFAIT).

5.2.2  Step 2 Action by Foreign Inspection Division - Letter to Operator

  1. As soon as advice of an enforcement action reaches the Foreign Inspection Division, a letter detailing the event is to be written to the foreign air operator and copied to the relevant Civil Aviation Authority. The foreign air operator is to be given a definite time period in which to respond (this time period must be stipulated: thirty days is a reasonable amount) taking into consideration transmittal times (immediate transmission by facsimile, telex or AFTN, followed by hard-copy by registered mail). The correspondence would invite comments by the foreign air operator and advice on what corrective action, if any is being taken.
     
  2. Where an event is of a serious enough nature that some form of compliance action is being contemplated, copies of the letter to the FTA foreign air operator are to be forwarded to Foreign Affairs and International Trade (EXT-EBS), International Air Policy (ACEA) and to the Canadian Delegation to ICAO (ZCE) for information.

5.2.3  Step 3 (Non conformity)

If the FTA foreign air operator does not respond in the time given, or the response is not satisfactory - proceed to step 5.

5.2.4  Step 4 (Conformity)

If the FTA foreign air operator supplies a satisfactory response, no further action is required, other than to advise the operator by letter of the acceptance of his response, with copies to interested parties noted above in 5.2.2, if they had been advised of the initial action in the circumstances cited.

5.2.5  Step 5 (Options)

  1. Diplomatic Means

    If the Director, Commercial and Business Aviation (AARX) considers the matter to be extremely serious, then a letter addressed to the relevant CAA describing the event and required remedial action, will be forwarded to External Affairs so that it may be delivered as a Diplomatic Note to the Embassy or Consular Office of the FTA foreign air operator concerned.
     
  2. Consultation

    If a consultation meeting with the FTA foreign air operator is considered preferable, this should be arranged at an early date.

Note:  If it is considered likely that an action taken by the TC may result in the matter being taken to the Civil Aviation Tribunal (CAT), then the services of a court reporter should be used at any consultation for the taking of minutes.

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