Chapter 7 - Special Investigations Policy
- 7.1 Contraventions by Military Aircraft
- 7.2 Contraventions by Canadian Aviation Companies
- 7.3 Contraventions of Foreign Aeronautics Legislation by CAD Holders
- 7.4 Contraventions Involving Foreign Civil Aircraft Operators
- 7.5 Contraventions in Canadian Controlled Oceanic Airspace
- 7.6 Balloon Operations, Ultra-light Aeroplanes, Unmanned Air Vehicles and Special Aviation Events
- 7.7 Requests from Foreign Civil Aviation Authorities
- 7.8 Contraventions Involving Transport Canada Employee CAD Holders
- 7.9 Investigation of Suspected Unapproved Parts
CAR 102.01 acknowledges the exemption of military aircraft from the CARs. The Minister of National Defence exempts NATO Airborne Early Warning Forces and aircraft from the following countries: Australia, Belgium, Federal Republic of Germany, Greece, Italy, the Netherlands, New Zealand, Norway, Saudi Arabia, Singapore, the United Kingdom, and the United States of America.
The point of contact for investigation of any incident involving Canadian military aircraft or for any incident involving exempted foreign military aircraft operating in Canadian Domestic Airspace is:
1 Canadian Air Division Headquarters
Box 17000, Station Forces
Attention: A3 Combat Readiness / DICP
During a routine visit or inspection, an audit, or any other occasion, when a Transport Canada inspector becomes aware of a contravention by an air carrier crewmember or employee, the inspector is obligated to make note of and report the essential facts of the situation. A Detection Notice is the preferred document to use to record the incident. Pertinent evidence must also be seized and forwarded with the Detection Notice to the RMAE for further investigation. The inspector or the inspector's manager may address immediate operational or safety considerations in accordance with their Delegation of Authority. It is the RMAE, however, who has the power to take punitive action for the contravention under s. 6.9 of the Act.
TP 8606, the Inspection and Audit Manual shall be followed when an audit or inspection team detects an apparent contravention of the regulations.
The convening authority and appropriate regional managers, including the RMAE, will determine which contraventions require investigation by the Aviation Enforcement Division.
7.2.3 Contraventions Involving Canadian Air Carriers Subject to Oversight by the Airline Inspection Division
The Airline Inspection Division, operating from Transport Canada Headquarters in Ottawa, is responsible for oversight of certain commercial operators located in various regions. The jurisdiction to investigate an alleged contravention by one of these carriers remains with the RMAE for the region in which the carrier is based. The RMAE shall inform the Chief, Aviation Enforcement (CAE) of the occurrence and will co ordinate investigative activities with the CAE, as required, when cross-regional activities are required.
When a CAD holder is alleged to have violated foreign aeronautics legislation that has a direct Canadian equivalent, the investigation shall proceed under the applicable Canadian provision as if the contravention had occurred in Canada. Where allegations relate to a regulation without a Canadian equivalent and where the contravention is confirmed, the RMAE may proceed administratively or judicially under subsection 4(2) of the Aeronautics Act.
While in Canada, pilots and operators from foreign countries are required to comply with the applicable sections of the Aeronautics Act and the CARs. Aeronautical operations by foreigners in Canada are predominantly commercial operations and almost all of those operations require the operator to hold a Canadian Foreign Air Operators Certificate (CFAOC). Where a contravention of any of the Canadian aviation rules occurs, the RMAE is responsible for conducting the investigation.
The validity of the CFAOC must be confirmed with the Foreign Inspection Division and crosschecked against the existence and validity of a certificate issued by the country authorizing the operator to conduct operations. The investigation shall be conducted by a regional office. Prompt and comprehensive liaison with Headquarters is mandatory when dealing with foreign operators because an occurrence that comes to the attention of Enforcement may also require other functional branch intervention.
In order for a commercial operator to operate in Canada, that operator must have an authorization from Canada. That authorization may be in the form of a letter or an e-mail simply stating that the Canadian authority has "no objection" to the proposed activity. The status of the authorization can usually be confirmed with the Foreign Inspection Division. The investigation shall be conducted by a regional office. Liaison with the CAE is mandatory to confirm the operator's presence in Canada is in itself not a contravention.
Foreign private aircraft include corporate aircraft and those operated by the recreational flyer. These operators may or may not hold an operating certificate from their home country and are not required to hold a Canadian authority. Regional offices shall investigate alleged contraventions and advise the CAE as necessary.
- Alleged contraventions by Canadian aircraft and operators will be investigated in the normal manner.
- Reports of alleged contraventions by Canadian military aircraft or exempt foreign military aircraft will be forwarded to 1 Canadian Air Group in accordance with s. 7.1.
- Reports of alleged contraventions by foreign civil and non-exempt foreign military aircraft will be forwarded to the CAE for investigation.
Special Aviation Events include air shows, balloon festivals, aerobatic competitions, low level air races, fly-ins and demonstration parachute descents. The Recreational Aviation and Special Flight Operations section of the General Aviation Division authorizes and oversees operations of these air vehicles and events.
Full cooperation shall be provided to foreign civil aviation authorities who request assistance from Transport Canada Civil Aviation Enforcement.
The responsibility for investigation of alleged violations by Transport Canada CAD holders shall normally be determined by discussion between the CAE and the RMAE in the Region where the alleged violation occurred. The CAE shall be responsible for the investigation of alleged violations by CAD holders employed at Regional Aviation Enforcement offices. The Regional Aviation Enforcement office in the Region where the offence occurred shall investigate alleged violations by CAD holders employed at Headquarters, Aviation Enforcement.
The CARs require certain Canadian Aviation Document (CAD) holders to report the discovery of a suspected unapproved part to Transport Canada. These CAD holders are required to report using the service difficulty reporting (SDR) method described in the Airworthiness Manual (AWM), chapter 591.
Although the SDR program has been developed to identify technical and design shortcomings with civil aircraft, they can also be used for reporting the use of suspected unapproved parts that might be used on those aircraft, and as a result, may occasionally report technical problems that are related to contraventions of the Canadian Aviation Regulations.
In order to avoid duplication of effort as well as to integrate the procedures of the various functional branches of Civil Aviation that are responsible the SDR program, Aviation Enforcement will follow the specific procedure related to investigation of Suspected Unapproved Parts outlined in the Aviation Enforcement Procedures Manual.