1.5 Conflict of Interest

1.5.1  Conflict of Interest is defined as any relationship that might influence an ACD to act, either knowingly or unknowingly, in a manner that does not hold the safety of the travelling public as the primary and highest priority.

1.5.2  All ACDs are held to be in a "perceived conflict of interest" in that they are simultaneously employees (regular or contract) of the company and delegates of the Minister when performing their checking duties. To avoid a "real conflict of interest", it is imperative that ACDs strictly adhere to the policy and guidelines contained in this manual. Lack of adherence to the manual may result in a suspension or cancellation of an ACD's delegation.

1.5.3  When conducting DCCs for an air operator, the following are examples (not exhaustive) of situations that could be considered as possible conflict of interest between the ACD and his/her delegated authority:

  1. level of the ACD's financial interest in the company;

     
  2. the ACD's direct involvement in company ownership;

     
  3. the ACD owning a substantial number of voting shares of the company;

     
  4. the ACD's level of involvement with a union or association:

     
  5. the relationship between the ACD and the competency check candidate;

     
  6. the ACD having family ties with company owners; and

     
  7. any privileges or favours, which could bias the ACD's ability to conduct his or her duties.

1.5.4  In order to determine whether a candidate’s conflict of interest is real or perceived, each candidate must declare on their resume (which must be attached to their application form) any conflict of interest of which they have knowledge and must be prepared to discuss at each annual monitor thereafter, any change to their status in this regard. Furthermore, a company must periodically review the status of each CCD to ensure that they are not in any conflict of interest. The results of this review must be recorded in the CCD's file.

1.5.5  Should any ACD come into a situation that they feel might constitute a "real conflict of interest", a full report of the circumstances must be immediately submitted to the issuing authority for review.

1.5.6  The final authority for deciding whether there is any conflict of interest that might affect the ACD's ability to conduct competency checks in an impartial manner rests with the issuing authority. Interest in a company will not automatically disqualify a candidate from receiving ACD authority. The approving authority will assess every case with consideration given to all circumstances involved.

1.5.7  It must be stressed that any effort by an air operator to influence or obstruct an ACD in the course of fulfilling their obligations to the Minister will result in the forfeiture by the air operator of the privilege of employing ACDs. The validity of any competency checks performed by the affected ACD will be revoked.

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