Military Airworthiness Investigation Regulations: SOR/2018-217

Canada Gazette, Part II, Volume 152, Number 22

Registration

October 23, 2018

AERONAUTICS ACT

P.C. 2018-1295 October 22, 2018

Whereas, pursuant to subsection 24.5(2) footnote a of the Aeronautics Act footnote b, a copy of the proposed Military Airworthiness Investigation Regulations, in the annexed form, was published in the Canada Gazette, Part I, on April 14, 2018 and a reasonable opportunity was given to interested persons to make representations to the Minister of National Defence with respect to the proposed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to subsections 24.2(1)footnote a and (3)footnote a and 24.5(1)footnote a of the Aeronautics Act footnote b, makes the annexed Military Airworthiness Investigation Regulations.

Military Airworthiness Investigation Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Act means the Aeronautics Act. (Loi)

air traffic services means the issuance of air traffic control clearances or other aerospace control instructions or the provision of aeronautical safety information, including aviation weather information and serviceability reports in respect of aerodromes and radio navigation aids. (services de circulation aérienne)

owner, in respect of an aircraft, means the person who has legal custody and control of the aircraft. (propriétaire)

Report to Authority

Mandatory reporting

2 (1) Any civilian who is an owner, pilot-in-command or crew member of an aircraft, has possession of an aircraft as lessee or otherwise, holds a Canadian aviation document with respect to an airport or heliport, is in charge of an airport or heliport, whether as employee, agent or representative of the holder of the Canadian aviation document, or provides air traffic services or maintenance services in respect of an aircraft or other aeronautical product must report to the Authority if they have direct knowledge of

Notification — situation or condition

(2) A civilian referred to in subsection (1) must report to the Authority any situation or condition of which they have direct knowledge if the Authority has informed them in writing that the Authority has reasonable grounds to believe that the situation or condition could, if left unattended, induce an accident or incident referred to in any of subparagraphs (1)(a)(i) to (xxv).

Exceptions

(3) A civilian is not required to report an accident, incident, situation or condition to the Authority if

Required contents

3 (1) For the purposes of section 2, the civilian must report, as soon as feasible and by the quickest means available, all of the following information that is available to them at the time of the accident, incident, situation or condition:

Remainder of information

(2) Any information referred to in subsection (1) that is not available to the civilian at the time of the accident, incident, situation or condition must be reported to the Authority as soon as it becomes available to them.

Voluntary reporting

4 (1) If a civilian other than a civilian referred to in subsection 2(1) wishes to report any information concerning an accident or incident referred to in that subsection or a situation or condition referred to in subsection 2(2), they may report it to the Authority by any means.

Identity protected

(2) The identity of a civilian who reports information under subsection (1) is protected unless the civilian waives that protection in writing.

Investigations by the Authority

Preservation of evidence

5 (1) Every person that has the possession or control of evidence relating to a military-civilian occurrence must preserve that evidence until the Authority determines that the evidence is no longer required.

Exception — safety measures

(2) Subsection (1) is not to be construed as preventing any person from taking necessary measures to ensure the safety of any person or the protection of property or the environment.

Record of evidence

(3) Any person who takes the measures referred to in subsection (2) must, to the extent possible in the circumstances and before taking those measures, record the evidence by the best means available and, as soon as feasible, advise the Authority of their actions.

Exemption

(4) The Authority may exempt any person from the requirement to preserve evidence if another person has already preserved that evidence.

Observers

6 (1) When the Authority is conducting an investigation of a military-civilian occurrence, the Authority may authorize an observer referred to in subsection 17(2) of the Act to do, under the supervision of an investigator, any or all of the following:

Communications and use of information

(2) An observer may communicate or use, or permit to be communicated or used, information that they have obtained during the investigation only if the communication or use of that information is permitted under the Act and the Authority authorizes the communication or use in the interests of aviation safety.

Witness fees and expenses

7 A person who is required to attend before an investigator under paragraph 14(10)(a) of the Act is to be paid witness fees in the amounts set out in section 3 of Tariff A of the Federal Courts Rules and travel and living expenses determined in accordance with the rates and allowances set out in the National Joint Council Travel Directive that are in effect at the time of the attendance.

Test under subsection 14(6) of the Act

8 A person who is invited to be present at a test to destruction conducted under subsection 14(6) of the Act may

Warrant

9 (1) A warrant issued under subsection 14(4) of the Act must be in the form set out in

Modifications to section 487.1 of Criminal Code

(2) For the purposes of subsection 14(5) of the Act, section 487.1 of the Criminal Code is to be read as follows:

Telewarrant

487.1(1) If an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence or the investigation of an accident or incident referred to in section 24.8 of the Aeronautics Act and that it would be impracticable to appear personally before a justice of the peace to make an application for a warrant in accordance with subsection 14(4) of the Act, the investigator may submit information on oath by telephone or other means of telecommunication to a justice of the peace designated for the purposes of section 487.1 of the Criminal Code by the chief judge of the provincial court having jurisdiction in the matter.

Submission by means that does not produce writing

(2) Information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, must be on oath and must be recorded verbatim by the justice of the peace, who must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice of the peace as to time, date and contents.

Submission by means that produces writing

(3) The justice of the peace who receives information submitted by a means of telecommunication that produces a writing must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice of the peace as to time and date of receipt.

Administration of oath

(4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

Alternative to oath

(5) An investigator who uses a means of telecommunication referred to in subsection (3) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and that statement is deemed to be a statement made under oath.

Contents of information

(6) Information submitted by telephone or other means of telecommunication must include

Issuing warrant

(7) The justice of the peace may, if satisfied that information submitted by telephone or other means of telecommunication meets the following conditions, issue a warrant to an investigator conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice of the peace before whom the investigator appears personally in accordance with subsection 14(4) of the Aeronautics Act and may require that the warrant be executed within the period that the justice of the peace may order:

Formalities

(8) If a justice of the peace issues a warrant by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

Means of telecommunication that produces writing

(9) If a justice of the peace issues a warrant by a means of telecommunication that produces a writing,

Providing facsimile

(10) An investigator who executes a warrant issued by telephone or other means of telecommunication must, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.

Affixing facsimile

(11) An investigator who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication must, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.

Report of investigator

(12) An investigator to whom a warrant is issued by telephone or other means of telecommunication must file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding seven days after the warrant has been executed, which report must include

Bringing before justice of peace

(13) The clerk of the court must, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice of the peace to be dealt with in the same manner as if the things were seized under a warrant issued, on information presented personally by an investigator, by that justice of the peace or another justice of the peace for the same territorial division.

Proof of authorization

(14) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the justice of the peace and carrying on its face a notation of the time, date and location of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.

Duplicates and facsimiles – probative force

(15) A duplicate or a facsimile of information or of a warrant has the same probative force as the original for the purposes of subsection (14).

Notice — production of information or attendance

10 (1) A notice under paragraph 14(10)(a) of the Act, requiring the production of information or attendance before the investigator, must be in the form set out in Form 3 of the schedule.

Notice — medical examination

(2) A notice under paragraph 14(10)(b) of the Act, requiring a person directly or indirectly involved in the operation of an aircraft to submit to a medical examination, must be in the form set out in Form 4 of the schedule.

Notice — information concerning a patient

(3) A notice under paragraph 14(10)(c) of the Act, requiring a physician or other health practitioner to provide information concerning a patient, must be in the form set out in Form 5 of the schedule.

Notice — autopsy or other medical examination

(4) A notice under paragraph 14(10)(d) of the Act, requiring the person who has custody of the body of a deceased person or other human remains to permit the performance of an autopsy on the body or other medical examination on the remains, must be in the form set out in Form 6 of the schedule.

Investigation File

Creation of investigation file

11 (1) If the Authority conducts an investigation into a military-civilian occurrence, the Authority must create and maintain a file relating to the investigation.

Required contents

(2) The file must contain all the information that is relevant to the military-civilian occurrence and records of any representations made under subsection 18(2) of the Act.

Period of retention

(3) The Authority must keep the file for

Coming into Force

Registration

12 These Regulations come into force on the day on which they are registered.

SCHEDULE

(Paragraphs 9(1)(a) and (b) and section 10)

FORM 1

Warrant

Issued Under Subsection 14(4) of the Aeronautics Act

CANADA

_______________________________________
(PROVINCE OR TERRITORY)

To _____________________________________,
(name of investigator)

Whereas it appears on oath of ______________________________________, an investigator designated by the Airworthiness Investigative Authority under subsection 13(1) of the Aeronautics Act, that he or she believes on reasonable grounds that there is, or might be, any thing or things,

namely _____________________________________________________________________________,
that are relevant to a lawfully conducted investigation into one of the following:

☐ a military-civilian occurrence

☐ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

___________________________________________________________________________________

___________________________________________________________________________________
(description of the occurrence, accident or incident)

and that are located at or in _______________________________________________, in this form called the premises;

This is, therefore, to authorize and order you, between the hours of __________ and ___________, to enter the premises and to search for the thing or things and to seize them until they are returned in accordance with section 15 of the Aeronautics Act;

And furthermore, this is to authorize you to use force to the extent necessary to execute this warrant, provided that you are accompanied by a peace officer.

Signed at ________________________________
(location)

on _______________________
(date)

at ____________
(time)

_________________________________________________
(name and signature)

Provincial Judge (or) Justice of the Peace

_________________________________________________
(judicial district or province)

FORM 2

Warrant Obtained by a Means of Telecommunication

Issued Under Subsection 14(4) of the Aeronautics Act

CANADA

_______________________________________
(PROVINCE OR TERRITORY)

To _____________________________________,
(name of investigator)

Whereas it appears on oath of ______________________________________________, an investigator designated by the Airworthiness Investigative Authority under subsection 13(1) of the Aeronautics Act, that he or she believes on reasonable grounds that there is, or might be, any thing or things,

namely _____________________________________________________________________________,

that are relevant to a lawfully conducted investigation into one of the following:

☐ a military-civilian occurrence

☐ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

___________________________________________________________________________________

____________________________________________________________________________________
(description of the occurrence, accident or incident)

and that are located at or in ___________________________________________________, in this form called the premises;

And whereas it would be impracticable for the investigator to appear personally before me;

This is, therefore, to authorize and order you, between the hours of ____________ and ____________, to enter the premises and to search for the thing or things and to seize them until they are returned in accordance with section 15 of the Aeronautics Act;

And furthermore, this is to authorize you to use force to the extent necessary to execute this warrant, provided that you are accompanied by a peace officer.

Signed at ________________________________
(location)

on _______________________
(date)

at ____________
(time)

_________________________________________________
(name and signature)

Provincial Judge (or) Justice of the Peace

_________________________________________________
(judicial district or province)

FORM 3

Notice

Issued Under Paragraph 14(10)(a) of the Aeronautics Act

In the matter of the Airworthiness Investigative Authority investigation into one of the following:

☐ a military-civilian occurrence

☐ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

___________________________________________________________________________________

___________________________________________________________________________________
(description of the occurrence, accident or incident)

To: ________________________________________________________________________________

Address: ____________________________________________________________________________

___________________________________________________________________________________

Whereas I believe on reasonable grounds that you are in possession of information relevant to the investigation, you are required to

☐ produce the following information or records no later than

_________________
(time)

on ___________________
(date)

at _______________________________________:
(location description or address)

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

☐ attend before me in order to give a statement, under oath or solemn affirmation, if required, concerning the matter at

_______________________________________
(location description or address)

on _______________________
(date)

at ____________
(time)

Failure to comply with this notice may result in a contravention of subsection 14(11) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.

Signed at ________________________________
(location)

on _______________________
(date)

_________________________________________________
(name and signature)

Investigator designated under subsection 13(1) of the Aeronautics Act

FORM 4

Notice

Issued Under Paragraph 14(10)(b) of the Aeronautics Act

In the matter of the Airworthiness Investigative Authority investigation into one of the following:

☐ a military-civilian occurrence

☐ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

___________________________________________________________________________________

___________________________________________________________________________________
(description of the occurrence, accident or incident)

To: ________________________________________________________________________________

Address: ____________________________________________________________________________

___________________________________________________________________________________

Whereas you were directly or indirectly involved in the operation of

______________________________________________________________, and
(description of aircraft)

Whereas I believe on reasonable grounds that a medical examination is or might be relevant to the investigation, you are required to submit to a medical examination

at ________________________________________________________________
(location description or address)

before _____________________________________________________________
(name of examiner)

on _______________________
(date)

at ____________
(time)

A medical examination does not include any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance. However, the person may be required to provide a urine sample.

Information obtained as a result of the medical examination is privileged, subject to the power of the Airworthiness Investigative Authority to make any use of it that the Airworthiness Investigative Authority considers necessary in the interest of aviation safety.

Failure to comply with this notice may result in a contravention of subsection 14(12) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.

Signed at ________________________________
(location)

on _____________________________________
(date)

_________________________________________________
(name and signature)

Investigator designated under subsection 13(1) of the Aeronautics Act

FORM 5

Notice

Issued Under Paragraph 14(10)(c) of the Aeronautics Act

In the matter of the Airworthiness Investigative Authority investigation into one of the following:

☐ a military-civilian occurrence

☐ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

___________________________________________________________________________________

___________________________________________________________________________________
(description of the occurrence, accident or incident)

To: ________________________________________________________________________________

Address: ________________________________________________________________________

___________________________________________________________________________________

Whereas I believe on reasonable grounds that you have information concerning a patient, namely __________________________________________, that is or might be relevant to the investigation, you are required to provide the following information:

___________________________________________________________________________________

___________________________________________________________________________________

The information is to be provided to me

at ________________________________________________________________
(location description or address)

on _______________________
(date)

at ____________
(time)

Failure to comply with this notice may result in a contravention of subsection 14(11) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.

Signed at ________________________________
(location)

on _________________________
(date)

_________________________________________________
(name and signature)

Investigator designated under subsection 13(1) of the Aeronautics Act

FORM 6

Notice

Issued Under Paragraph 14(10)(d) of the Aeronautics Act

In the matter of the Airworthiness Investigative Authority investigation into one of the following:

☐ a military-civilian occurrence

☐ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

___________________________________________________________________________________

___________________________________________________________________________________
(description of the occurrence, accident or incident)

To: ________________________________________________________________________________

Address: ____________________________________________________________________________

___________________________________________________________________________________

Whereas it appears that you have custody of the body of a deceased person, namely ________________________

____________, or human remains of that person, and

Whereas I believe on reasonable grounds that an autopsy of that body or a medical examination of those human remains is or might be relevant to the investigation, you are required to allow the performance of the autopsy or the medical examination

at ________________________________________________________________
(location description or address)

by __________________________________
(name of examiner)

on _______________________
(date)

at _________
(time)

Failure to comply with this notice may result in a contravention of subsection 14(11) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.

Signed at ________________________________
(location)

on _________________________
(date)

_________________________________________________
(name and signature)

Investigator designated under subsection 13(1) of the Aeronautics Act

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Since the 1990s, an increasing proportion of the work in the military aviation sector has been performed by civilian aviation companies. Their employees, for the most part, are not subject to military orders and, therefore, cannot be compelled to participate in the investigations of military aviation occurrences. This led to a gap in the ability of the Canadian Armed Forces and the Department of National Defence to complete thorough investigations of military aviation occurrences involving civilians. Amendments made to the Aeronautics Act and the Military Airworthiness Investigation Regulations (the Regulations) made under this Act address this gap.

Background

The Minister of National Defence is responsible under the Aeronautics Act for all aeronautical matters related to defence, including the promotion of military aviation safety. Part II of the Aeronautics Act, enacted in 2014, requires that the Minister designate a member of the Canadian Armed Forces or an employee of the Department of National Defence as the Airworthiness Investigative Authority (AIA). In 2015, the Minister designated the Director of Flight Safety as the AIA.

Under Part II of the Aeronautics Act, the AIA is responsible for advancing aviation safety by investigating military-civilian occurrences, identifying safety deficiencies, making recommendations to eliminate or reduce the deficiencies, and providing reports to the Minister on the investigations and findings. A military-civilian occurrence is generally any accident or incident involving a civilian and a military aircraft or installation for the manufacture, operation or maintenance of a military aircraft.

To properly carry out the investigations of military-civilian occurrences, the Aeronautics Act provides for regulations to be made. While the AIA has carried out the investigations of military-civilian occurrences without regulations, and civilian aviation companies that support military aviation have been contractually obligated to participate in the investigations, any non-compliance on their part would have resulted in only remedies under their contract, which would have involved a slow and cumbersome process in civil court to enforce. Also, in the absence of regulations, AIA investigators were not authorized to compel civilians involved in an occurrence to provide statements or relevant documents or to submit to medical examinations, therefore limiting the thoroughness of investigations.

The Aeronautics Act also provides that the powers of investigators under Part II of this Act may be employed during the conduct of strictly military aviation occurrence investigations under Part I, i.e. investigations that do not involve civilians.

Civil aviation occurrences in Canada are investigated by the Transportation Safety Board of Canada (TSB) under the authority of the Canadian Transportation Accident Investigation and Safety Board Act. Under subsection 18(2) of that Act, the TSB shall not investigate a transportation occurrence that involves a military conveyance or military transportation facility.

Objectives

The objective of the Regulations is to enable the carrying out, under the Aeronautics Act, of thorough investigations by the AIA and AIA-designated investigators of military-civilian occurrences and strictly military aviation occurrences.

Description

The Regulations made under the Aeronautics Act ensure that the obligations of civilians involved in militarycivilian occurrences are clear and that AIA investigators have the necessary powers to complete thorough investigations.

More specifically, the Regulations set out requirements in respect of the mandatory reporting by civilians of military-civilian occurrences to the AIA, the preservation of evidence, the keeping of records, the rights and privileges of observers at investigations, and the form of warrants and notices issued under Part II of the Aeronautics Act. The warrants provide for the search for and seizure of things that are relevant to the investigation of a military-civilian occurrence. The notices provide for the production of information or attendance of a person before an investigator to give a statement, the medical examination of a person, the production by a physician or health practitioner of patient information and the performance of autopsies.

The warrants and notices in the Regulations may also be used during the investigation of strictly military aviation occurrences in respect of members of the Canadian Armed Forces. This permits the use of the same warrants, and of other forms and procedures by AIA investigators in respect of both civilians and members of the Canadian Armed Forces.

The powers of persons designated by the AIA as investigators under Part II of the Aeronautics Act and the Regulations are very similar to the powers granted to investigators of the TSB under the Canadian Transportation Accident Investigation and Safety Board Act and the Transportation Safety Board Regulations.

“One-for-One” Rule

The “One-for-One” Rule does not apply to the Regulations, as there is no expected change in administrative costs to business given that civilian aviation companies that support military aviation are required, as part of their contracts, to adhere to safety requirements, including reporting obligations, established by the AIA.

Small business lens

The small business lens does not apply, as the Regulations do not impose costs on small businesses.

Consultation

In developing the Regulations, the AIA consulted with Transport Canada, the TSB, and NAV CANADA.

In addition, staff of the Director of Flight Safety conduct flight safety surveys on a biannual basis at most civilian aviation companies that support military aviation. Information regarding the amendments to the Aeronautics Act and the Regulations has been included in these surveys for the past two years. No negative comments have been received during these surveys.

Canada Gazette, Part I

The Regulations were prepublished in the Canada Gazette, Part I, on April 14, 2018, for a 60-day period. The 10 civilian aviation companies that provide support for military aviation were specifically notified by the AIA of the prepublication of the Regulations. No comments on the prepublished Regulations were received from the companies or other persons.

Rationale

Without the Regulations, the thorough investigation of military-civilian occurrences and strictly military aviation occurrences would be slowed down by the necessity of using the civil court process to enforce the contractual obligations of civilian aviation companies to participate in the investigations. These investigations would also be limited by the inability of AIA investigators to compel civilians to provide statements or relevant documents or to submit to medical examinations. The necessary findings and recommendations to increase the safety of military aviation could therefore not be made.

The proper investigation of military aviation occurrences increases the safety of military aviation and has a secondary benefit for the public in that information discovered in these investigations is shared. Many military aviation fleets have civilian counterparts; therefore, the proper investigation of military aviation occurrences can benefit these civilian fleets. Further, safety measures are often transferable to similar aircraft fleets, such as helicopters and transport aircraft. Applicable safety issues and initiatives discovered during military aviation investigations are shared with civilian authorities such as Transport Canada, the TSB, the U.S. Federal Aviation Administration and the European Aviation Safety Agency to benefit these organizations and the air-travelling public.

Aviation accidents often have very harmful effects on the environment, including direct damage, spills of chemicals and cargos, and post-crash fires. Similarly, accidents lead to high costs in the human, materiel and administrative areas. The Regulations serve to improve aviation safety and should cause a reduction in accident rates. Further, the policy of sharing investigation information with other airworthiness authorities creates health, safety and security benefits for the air-travelling public and the public at large.

The scope and effectiveness of the Flight Safety Program, first established in the Royal Canadian Air Force in the 1950s, is enhanced with the Regulations. Preservation of military aviation resources, both personnel and materiel, is one of the prime reasons for the investigation process and the Flight Safety Program.

Although the Regulations set out requirements that are not identical to the civil investigation requirements of the Transportation Safety Board Regulations, the Regulations support a more streamlined aviation investigation process for civilian aviation companies and industry professionals. Whether the investigation is being conducted by the AIA or the TSB, any reporting or preservation of data required as a result of an aviation occurrence should be similar, thus making it easier to respond effectively to any accident involving both military and civilian aviation.

Finally, the Regulations and the ensuing flight safety investigation methodology support state-of-the-art safety programs such as safety management systems that help companies identify safety risks before they become bigger problems, as recommended by Transport Canada and the International Civil Aviation Organization.

All civilian aviation companies that support military aviation are currently contractually required to participate in the Flight Safety Program and, therefore, already have dedicated flight safety resources and support the investigation of occurrences. The Regulations should not increase the resources that these companies will require to comply with the Regulations.

The benefits of the Regulations in terms of the increase in military aviation safety and safety for the public at large, and the protection of the environment, outweigh any additional costs. These costs consist mainly of additional training for AIA investigators, the implementation of new procedures, and briefings of military flight safety officers and civilian flight safety officers at civilian aviation companies that support military aviation.

Implementation, enforcement and service standards

These Regulations come into force on the day on which they are registered.

There is a trained professional cadre of AIA-designated investigators that currently conduct investigations. The majority of the training for these personnel has already been completed. Military and civilian flight safety officers will be briefed in detail on the Regulations at the annual regional flight safety briefings provided by the Director of Flight Safety. As well, information on the Regulations will be provided during the biannual flight safety surveys by AIA trained investigators, conducted at most civilian aviation companies that support military aviation.

The AIA monitors compliance with the Regulations. The Regulations will be enforced with judicial action introduced by way of summary conviction under subsection 24.6(2) of the Aeronautics Act.

Contact

Lieutenant-Colonel Martin Leblanc
Chief Investigator
Director Flight Safety 2
National Defence Headquarters
101 Colonel By Drive
Ottawa, Ontario
K1A 0K2
Telephone: 613-971-7836
Email: martin.leblanc2@forces.gc.ca