Memoranda of understanding - Brazil

Memorandum of Understanding between Transport Canada Civil Aviation and the National Civil Aviation Agency of Brazil for the Promotion of Civil Aviation Safety

The Transport Canada Civil Aviation (TCCA), and the National Civil Aviation Agency of Brazil (ANAC), hereinafter referred to as the “Authorities”:

Considering the Convention on International Civil Aviation, done at Chicago on 7 December 1944, to which Canada and the Federative Republic of Brazil are Parties;

Desiring to promote aviation safety and environmental quality;

Noting their common concerns for the safe operation of civil aircraft;

Recognizing the emerging trend towards multinational design, production, and interchange of civil aeronautical products;

Desiring to enhance cooperation and increase efficiency in matters relating to civil aviation safety on the basis of equality, reciprocity and mutual benefit;

Considering the possible reduction of the economic burden imposed on the aviation industry by redundant technical inspections, evaluations and testing;

Recognizing the mutual benefit of procedures for the reciprocal acceptance of certificates and approvals;

Have reached the following understanding:

• 1. (a) The Authorities will facilitate recognition and acceptance of the other Authority’s certificates/approvals and provide cooperation and assistance on activities within the following areas:
  • (i) Initial and continued airworthiness approvals as well as environmental approvals of civil aeronautical products;
  • (ii) flight simulators approvals and monitoring;
  • (iii) maintenance personnel and airmen approvals (including, among others professionals, pilots, flight engineers, flight radio operators or flight attendants);
  • (iv) design, production, maintenance, and training organisations certifications/approvals as practicable.
• (b) The cooperation between the Authorities may include:
  • (i) perform activities on behalf or in support of each other upon request;
  • (ii) establish channels for the exchange of information and data, as appropriate;
  • (iii) provide training; and
  • (iv) other forms of civil aviation safety cooperation they may jointly decide upon.
• 2. (a) When necessary, the Authorities will cooperate to understand each other’s systems, including standards, rules, practices and procedures, to develop Implementation Procedures in the areas described in paragraph 1 of this MoU.
• 2. (b) When the Authorities jointly conclude that their systems are sufficiently compatible and provide equivalent level of safety, they may develop Implementation Procedures to detail the scope of their activities, their respective and joint roles, and their working procedures.
• 2. (c) The Implementation Procedures will take the title of the scope of activities they describe.
• 3. The activities performed under this MoU will not impose additional costs for the Authorities or the Industry.
• 4. The Authorities will not release information marked classified as proprietary data to third parties without consent of the owner.
• 5. The Authorities understand that, in the case of conflicting interpretations of standards and other criteria, and after having discussed all technical subjects, the interpretation of the Authority that issued that standard or criteria will prevail.
• 6. Unless they jointly decide otherwise in writing, the Authorities will prepare and submit all correspondence and documentation under this MOU in the English language.
• 7. The Authorities will implement this MOU in accordance with procedures and conditions set out by their respective Branches as they jointly decide upon, within the scope of this MOU.
• 8. Each Authority will designate its appropriate Branches as its executive agent(s) to implement this MOU and to develop and maintain the Implementation Procedures.
• 9. (a) This MOU will take effect on the date of signature by both Authorities.
• 9. (b) The Authorities may amend this MOU upon their mutual written consent.
• 9. (c) Either Authority may terminate this MOU by giving a 60 days written notice to the other Authority.
• 9. (d) The Authorities understand that such termination will also terminate all existing Implementation Procedures under this MOU.
• 9. (e) Notwithstanding termination, the Authorities will continue to fulfill the obligations regarding the approval/certificates issued prior to the termination aiming to minimize the impact to the approval/certificate holders.

Signed in the English, French and Portuguese languages, each version being equally valid. In case of difficulties in the interpretation, the English version will prevail.