Chapter 8 - Covert Operations

8.1 Introduction

Most surveillance done by Transport Canada aviation officials is of an overt nature; that is, undisguised and designed to encourage compliance through a visible presence to deter and detect regulatory infractions. There are, however, instances where covert operations may be appropriate or necessary in order to gather evidence. Covert operations are surveillance activities during which inspectors intentionally represent themselves as being someone other than a Transport Canada aviation official.

8.2 Policy

Covert operations may be conducted in order to gather evidence of continuing willful violations of the aviation safety regulations. Covert operations shall be conducted only when a threat to aviation safety exists and when normal investigative means have been ineffective or are likely to be ineffective to stop the unsafe activity.

The decision to conduct a covert operation shall be made by the RDCA on the advice of the RMAE. The RDCA shall inform the DGCA of the particulars of the case.

Prior to participating in a covert operation, inspectors shall take a training program approved by Headquarters.

Transport Canada Civil Aviation will conduct joint covert operations with other agencies when deemed necessary. Participation shall be restricted to ensure that the inspector will not be placed in physical danger during the operation.

No inspector shall obtain employment in an aviation company for the purpose of gaining access to information or evidence otherwise unavailable.

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