CBAA’s CARs modernization recommendations to government
Night Recency Exemption
After the CBAA convinced TC to waive the Night Recency requirement under certain conditions, members suggested changes to the conditions to improve the exemption. Condition 2 of the night recency exemption (click here to read the exemption
which requires pilots to have at least 15 hours of flight time within the preceding 90 days is not a good risk mitigation because this condition could be met with one flight when the mitigation is significant exposure to the flying environment. TC was advised that condition 2 should require six flights in the previous 90 days where a flight is a departure from one airport and an arrival at another airport. Furthermore, the exemption should be incorporated in the CARs and then cancelled.
Flight Crew Hours of Work and Rest Periods
The CBAA has not given up on trying to effect change to the fatigue regulations. On demand charter operations are severely restricted by the prescriptive regulations and the Fatigue Risk Management System (FRMS) requirements cannot be met by on demand charter operators because of the nature of these operations. The economic effect of these regulations is to force customers to use foreign on demand charter companies for these longer flights. These foreign services are readily available to Canadians.
We have proposed that all on demand charter companies are to use the CAR 604 rules and require that they have an SMS. Or, alternatively, create an FRMS regulatory regime for on demand charter operators that allows for fatigue prediction and mitigation where possible on a per flight basis using certified fatigue risk assessment models and associated applications.
Training to Proficiency Program (TTPP) For CAR 604 and 704
Given the success of the TTPP, the CBAA is strongly suggesting that the program be regularized and expanded. Currently, TTPPs are permitted under exemption for CAR 604 (click here to read exemption), but not for CAR 704. We proposed that given that this is a proven program, the exemption should be transferred to CAR 604 and the provisions included in CAR 704. It would mean that the CAR 704 operator would need a Safety Management System; however, the precedent or requiring an SMS as a condition has been set in the night currency exemption (https://www2.tc.gc.ca/civilaviation/regserv/affairs/exemptions/docs/en/3262.htm)
SMS for Small Operators
There remain issues with the CAR 604 SMS regulations which need to be addressed and avoided in any CAR 703/704 SMS regulations. Small operators, those operating three or fewer aircraft, cannot generate the data necessary to do safety planning and trend analysis. While there are ways of creating processes and documentation that may comply with these regulations, this level of subtly in operations is not warranted. We have proposed that when creating regulations or amending current regulations applicable to small operators remove all proactive SMS components that rely on statistically significant data (ie a significant number of identical or similar safety hazard reports).
Minister’s Delegations for Minimum Equipment Lists (MELs)
The CBAA was successful in having TC create a delegation for MEL approvals for CAR 604 operators. Given MEL approvals still do not meet the TC level of service standards and the fact that the pilot project for CAR 604 MEL approvals has been successfully completed and a “permanent delegation” issued, its time to expand the delegation. The CBAA proposed that MEL approval delegation be expanded to include CAR 704 operations.
CAR 604 Audit Validity Periods Exemption Proposal
CAR 604.206 (2), unlike other validity period requirements, does not permit the period to be extended for any reason. Often there are situations beyond an operator’s control (eg pandemics) that require audits to be delayed. The CBAA has requested an additional provision, CAR 604.206(2)(f), be added to say “An audit may be completed within 30 days of the expiry date and retain a validity period of one year from the original expiry date. The operator may extend the audit validity period for a period of not more than 60 days beginning on the day after the day on which the validity period expires, if the operator documents that there has been no reasonable opportunity to do the audit before the day on which the audit validity period expired.
Delegation of CARs 604 Operator Certification and Approvals to Industry
Transport Canada levels of service and knowledge of business aviation operational requirements consistently lead to lengthy service delays often resulting is significant costs and lost opportunity costs to the operator. The CBAA suggested that TC delegate Private Operator Registration Document (PORD) issue, including special authorization approvals (SA) to competent individuals.
Sharing of Safety Data
The efficacy of Safety Management Systems and safety performance in general could be greatly enhanced if a system for reporting and sharing Canadian safety data were available to all civil aviation document holders. Furthermore, this system would greatly enhance Canada’s ability to meet ICAO State Safety Program requirements given there is no universal data gathering system in place. The CBAA asked that a program, similar to the Aviation Safety Reporting System (ASRS) for safety data, be created.
Online and Virtual Training
In some areas, how training is delivered restricts the use of modern techniques and technologies. These restrictions such as Standard 566, which does not recognize or allow training methods other than in-classroom learning, need to be removed given the capabilities of virtual classroom type training and the use of other technologies. The CBAA has asked that TC remove all ground training requirements that restrict training to “face to face” or in classroom training and replace it with performance-based requirements; thereby, allowing the use of new techniques, methods and technologies to be used. The CRM training requirements changes resulting from addressing COVID-19 issues may serve as an example.
Validity Period of Non-specified Training in CAR 604
CAR 604.139(1)(b) forces operators to conduct “all other training” required by Divisions IV, IX, and by extension X every year. This all-encompassing approach does not take into consideration that it may not be necessary to train all or any of the requirements annually. The CBAA has requested that “All other training” required training should be clearly specified in one place. Consistent with a performance-based regulatory approach, periodicities for topics captured under these sections must be based on risk-based assessments, allowing training needs to be tailored to the operator and individual.