POC Program Background
The CBAA Private Operator Certificate program is the result of a joint effort by Transport Canada and CBAA.
In late 1998, CBAA and Transport Canada embarked on a project to transfer the administration and management of Canadian Aviation Regulation (CAR) subpart 604 from Transport Canada to CBAA and its members. The project progressed from a feasibility study through a development plan to the current structure which was implemented in January 2003.
The changes to CAR 604 apply to the private operation of Canadian aircraft that are used for the transport of passengers where the aircraft is a turbine-powered, pressurized airplane, or is a large airplane (5700 kg).
At the December 2001 Civil Aviation Regulatory Advisory Committee meeting, Transport Canada introduced two Notices of Proposed Amendments (NPAs). These NPAs initiated the regulatory changes necessary to enable the CBAA to become the management authority for POCs. Under this new structure, Transport Canada retains regulatory authority, and CBAA becomes an independent regulated third party.
On November 30th, 2005, Canada Gazette, Part II, documented the formal regulatory approval by the government of Canada for the self-monitoring process of Canadian non-commercially operated business aircraft used for the transport of passengers. The changes, effective November 15, 2005, transfer administrative and management authority from Transport Canada to the CBAA for Canadian Aviation Regulations (CARs) Part VI General Operating and Flight Rules, Subpart 4 Private Operator Passenger Transportation (Subpart 604).
Consistent with Transport Canada's "Flight 2005: A Civil Aviation Framework for Canada", the CBAA and its members have adopted Safety Management Systems (SMS) as a business tool in the management of flight operations. CBAA and its operator members have developed a set of performance-based standards that are applicable to POC holders. Each operator is required to develop a safety management system that identifies their inherent operational risks, establish procedures for mitigating those risks, and continually self-evaluate.
As a condition of obtaining and subsequently maintaining their POC, operators must successfully complete a third party audit. CBAA has trained and accredited auditors across the country. As independent contractors, auditors work directly with operators to meet the audit requirements identified in the standards.
Research and development funding for the regulatory changes and restructuring of the CBAA to manage the POC program was provided by Transport Canada, CBAA, and its members. Commencing January 1, 2003, funding has been borne entirely by the membership. All CAR 604 operators are members of the CBAA, and pay fees based on a progressive scale, which are reviewed annually. Fees have remained constant since initiation of the Program in 2003. Operator benefits include increased safety margins, operational flexibility, customized service, compliance with Transport Canada initiatives, potential pilot training cost savings, and an industry-managed program with direct operator participation and influence.
September 2006
