Chapter 14 - Records Management
- 14.1 Removal of Notation of Sanction
- 14.2 Pardons - Custody of Records and Actions
- 14.3 Retention of Records
- 14.4 Destruction of Files
- 14.5 De-identification of EMS Files
- 14.6 Control of Enforcement Records
Pursuant to Section 8.3 of the Aeronautics Act, any notation of a suspension by the Minister of a Canadian aviation document, or of a penalty imposed in accordance with sections 7.6 to 8.2 shall, on request from the person affected by the suspension or penalty, be removed from the record if:
- At least two years have transpired since the date the suspension expired or the penalty amount was paid;
- No additional suspension or penalty has been recorded against that person after that date; and
- The removal of the record would not be contrary to the interest of aviation safety or security; if that person is subject to an investigation under the Aeronautics Act or its related Regulations (CARs) at the time of the request, it could be considered contrary to the interest of aviation safety or security.
Other records such as "No Investigation Conducted" (NIC) and "No Further Action" (NFA) must be retained for two years in accordance with the Privacy Act, but may be removed earlier with the consent of the individual to whom the record pertains.
An individual, who has requested the removal of a notation of sanction that has been denied by the Minister for just cause, may request a TATC review.
A denied request cannot be resubmitted until an additional two years have expired from the date of the original application. If an individual makes an application for the removal of notation of sanction within a reasonable time before the two-year waiting period has expired, the application will be retained and acted on when the two-year limit has been reached.
The decision to remove a notation of sanction from an individual's record shall be made on behalf of the Minister by the Chief, Aviation Enforcement.
Removal of a notation of sanction means destroying the enforcement file that refers to the sanction, as well as all documents referring to the notation of sanction, from any other record. The circumstances of the infraction will remain in the EMS for statistical purposes.
The Solicitor General may notify Aviation Enforcement in writing that the Governor in Council has granted a pardon to an individual pursuant to subsection 6(2) of the Criminal Records Act for a violation of the Aeronautics Act or an aeronautics-related offence under the Criminal Code.
Any record of a conviction in respect of which a pardon has been granted that is in the custody of Transport Canada, Aviation Enforcement, shall not be disclosed to any person, nor shall the existence of the record or fact of the conviction be disclosed to any person without prior written permission of the Solicitor General.
Aviation Enforcement case files shall be retained for the minimum time required by law.
Aviation Enforcement staff at Headquarters shall review EMS case files on a regular basis to identify and list case files that are eligible for destruction. The lists will be forwarded to the Regions for re-examination. RMAEs who have dissenting opinions on the case files in question may make their concerns known to the CAE who shall make the final determination.
Only Headquarters shall de-identify EMS files. Regions are to advise Headquarters of the record(s) requiring de-identification.
All Aviation Enforcement records and CADs shall be treated as protected documents. Enforcement personnel shall ensure that these documents and records are secured when work areas are left unattended.
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