Memorandum of Understanding between the Department of Transport of Canada and the Civil Aviation Authority of New Zealand Concerning Civil Aviation Safety
The Department of Transport of Canada (Transport Canada) and The Civil Aviation Authority of New Zealand (“CAANZ”) hereinafter collectively referred to as “The Participants”,
Considering the importance and significance of civil aviation to the economic development of their respective countries;
Mindful of the manifest practical utility and reciprocal benefits that can be obtained by leveraging each other’s efforts;
Desiring to strengthen their current bilateral cooperation and exchange their experience and technical knowledge in the field of civil aviation safety, and further to the Terms of Reference for the CAA New Zealand/TCCA/CASA Cooperation Initiative, signed at Washington, DC on June 20, 2018;
Considering that Transport Canada designates its directorate-general of Civil Aviation (TCCA) to implement this MOU on its behalf;
Have reached the following understanding:
1. Definitions
- (a) For the purposes of this MOU:
- (i) Safety information means any information concerning aviation safety matters of mutual interest to the Participants, including mandatory occurrence reporting enforcement and compliance information, operational and technical reports, analysis on safety incidents and hazards, trend analysis and mitigation measures, safety plans, safety objectives/performance indicators, and systemic risks.
- (ii) Confidential information means information that:
- (A) is by its nature confidential;
- (B) is marked, received or designated by either Participant as ‘confidential’, ‘commercial in confidence’, ‘in confidence’, ‘restricted’ or ‘protected’;
- (C) is provided by either Participant in a confidential manner; with the expectation that it will not be disclosed, unless otherwise required by law.
- (D) either Participant knows or ought to know is confidential; and
- (E) is of a sensitive nature or commercially sensitive to either Participant.
2. Purpose
The purpose of this Memorandum of Understanding (MOU) is to establish a framework for the Participants to promote and expand their cooperation in the field of civil aviation safety, through various mechanisms, to the mutual benefit of their respective countries.
3. Areas of cooperation
- (a) The Participants may cooperate in the following areas:
- (i) technical arrangements;
- (ii) sharing of safety information;
- (iii) regulatory policy and processes;
- (iv) training and skills development;
- (v) international engagement; and
- (vi) other areas that may jointly be decided upon in writing.
- (b) The Participants understand that proposed areas of cooperation are further described in Appendix A.
4. Application and coordination
- (a) The Participants will facilitate cooperation between their respective civil aviation authorities through face-to-face meetings, site visits, videoconferences, and other means of communication, in order to coordinate, consult and cooperate on matters identified under this MOU.
- (b) Where appropriate and possible, the Participants will facilitate the participation of other organizations, academic and private sectors, as well as other levels of government, and support the interaction between the private and public sectors.
- (c) The Participants will jointly decide in writing their specific roles in any special project or joint initiative carried out under this MOU, including any financial arrangement and participation of any third party.
- (d) The Participants understand that their cooperation under this MOU will be subject to their respective national law
5. Financial and resource matters
- (a) Each Participant will pay for its own costs incurred in the application of this MOU.
- (b) The Participants understand that all activities carried out under this MOU are subject to the availability of their respective resources.
6. Exchange of information
- (a) The Participants understand that any confidential information exchanged during the activities carried out under this MOU will remain the exclusive property of the disclosing Participant.
- (b) The Participants will only use such information in relation to the activities conducted under this MOU.
- (c) The Participants will not make available any confidential information derived from the activities carried out under this MOU to a third party without prior written permission from the providing Participant, which may be withheld at the Participant’s discretion.
- (d) The Participants will ensure information, including confidential information provided by the other Participant is suitably protected from unauthorised access, disclosure or misuse.
- (e) The Participants will clearly identify any confidential information exchanged under the MOU and take the appropriate measures to accordingly ensure it is safeguarded from disclosure.
7. Data protection and confidentiality
- (a) The Participants understand that the provision of information by a Participant to the other Participant does not change or in any way alter the intellectual property ownership of that information.
- (b) The Participant providing the information will ensure that the necessary licences and permissions from third parties, as the case may require, have been granted.
- (c) If a Participant reasonably requests the other Participant to correct, return or securely destroy shared information, the Participants will jointly decide and implement the most suitable method for doing so, while respecting their applicable law.
8. Differences in interpretation and application
- (a) The Participants will resolve any differences in the interpretation and application of this MOU through discussions between the designated representatives in the first instance. If the difference cannot be resolved the Participants may mutually consent to refer the difference to senior executive managers or the Director General Civil Aviation of TCCA and the Chief Executive and Director of Civil Aviation of CAA NZ.
- (b) If the difference cannot be resolved within 30 days after a Participant first notifies the other Participant, the Participants may jointly decide, in writing, to terminate this MOU on a specified date.
9. Working arrangements
Working arrangements relating to specific areas of cooperation may be developed by the Participants in addition to this MOU.
10. Status
This MOU is intended to be applied by both Participants in good faith, but is not legally binding.
11. Final dispositions
- (a) This MOU will take effect on the date of its last signature by the Participants.
- (b) The Participants may amend this MOU at any time upon their mutual written consent.
- (c) A Participant may terminate this MOU at any time by giving a written consent ninety (90) days’ notice to the other Participant or upon mutual decision of the Participants.
- (d) The Participants, may by mutual consent, provide for the continuance of any special project or joint initiative despite the discontinuation of this MOU.
Signed in duplicate at Cologne, on the 14th day of June 2023, in the English and French languages, each version being equally valid.
Original signed by Félix Meunier
For the Department of Transport of Canada
Original signed by John Kay
For the Civil Aviation Authority of New Zealand
Appendix A
Proposed areas for cooperation
Technical Arrangements
The Participants may jointly arrange for future exploratory and regulatory development work to be carried out in order to establish technical arrangements including mutual recognition in acceptance of certificates and approvals, acknowledging that any such arrangements may require legislative changes.
Sharing of Safety Information
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(i) The Participants may share safety information.
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(ii) The Participants will ensure that all information shared meets the confidentiality, privacy and disclosure limitations, in accordance with their national laws and policies concerning the sharing of information.
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(iii) The Participants may collaborate on research and studies on aviation safety topics and issues of mutual interest to the Participants.
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(iv) The Participants may engage in exchanges related to the planning and conduct of safety oversight including experiences, information, best practices, and lessons learned.
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(v) A Participant may delay or decline to share safety information which is sensitive or that may infringe on third party intellectual property rights or prejudice ongoing investigations or judicial proceedings.
Regulatory Policy and Processes
The Participants may collaborate on Regulatory Policy including joint research projects and study on topics in aviation safety that are of mutual interest. These may include projects in the following areas:
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For the purpose of capability development, flight operations enhancement, and/or to have a better in-depth understanding of new approaches adopted by the International Civil Aviation Organisation (ICAO) and the industry in enhancing or promoting aviation safety.
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Exchanges of views, best practices and experiences, as well as expertise and know-how, on the formulation and implementation of aviation safety policies, regulations, processes, and procedures.
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Exchanges relating to safety oversight, State Safety Programme, Safety Management Systems, high level safety plans and exchange of safety information
Training and skills development
The Participants may collaborate on training and skills development. This may include:
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Exploring partnerships in aviation skills and training, including the involvement of private sector institutions as appropriate.
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Initiating personnel exchange programmes and study visits in areas of mutual interest to the Participants.
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Jointly conducting or hosting training and skills development events on aviation safety.
ICAO engagement
The Particpants may collaborate on ICAO engagement activities where there are areas of common interest. This may include:
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Discussing State positions on technical and administrative matters, and exploring opportunities to present a common position where appropriate.
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Coordinating alignment as per the priorities established under the trilateral Terms of Reference between TCCA, CAA NZ and the Civil Aviation Safety Authority of Australia (CASA).
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Sharing, co-sponsoring or co-authoring papers for ICAO fora
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Working collaboratively in preparations for ICAO fora, and during those fora.
Other areas
This may be jointly decided upon in writing by the Participants.