Memoranda of understanding – The Department of Transport of Canada and the Civil Aviation Safety Authority of Australia

Memorandum of Understanding between the Department of Transport of Canada and the Civil Aviation Authority of Australia concerning cooperation in civil aviation

The Department of Transport of Canada (Transport Canada) and the Civil Aviation Safety Authority of Australia (“CASA”) (hereinafter referred to as the “Participants”);

Recognizing their mutual interest to promote and enhance civil aviation safety as the National Aviation Authorities for their respective member States to the Convention on International Civil Aviation (the Chicago Convention);

Mindful of the practical utility and reciprocal benefits that can be obtained by sharing and leveraging the knowledge, expertise and efforts of each other;

Acknowledging the history of close relationship between the governments and people of Canada and Australia;

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

For the purposes of this Memorandum of Understanding (MOU):

• (i) Safety information means any information concerning aviation safety matters of mutual interest of 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 information about 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;

  • (D) either Participant knows or ought to know is confidential;

  • (E) is of a sensitive nature or commercially sensitive to either Participant.

2 – Objective

The objective of this MOU is to establish a framework for the Participants to cooperate on aviation safety research, studies, safety analysis on aviation safety topics, regulatory policy and other issues of mutual interest.

3 – Areas of cooperation

• (a) The Participants will enhance their relationship and cooperation in the following areas:

  • (i) Sharing of information and data on aviation safety

    • (A) The Participants may share safety information. The Participants will ensure that all information shared meets the confidentiality, privacy and disclosure limitations in accordance with their respective national laws and policies concerning the sharing of information.

    • (B) The Participants may share information, including information relating to their policy or regulatory position, in support of their participation at international aviation safety meetings, including International Civil Aviation Organization and regional forums.

    • (C) The Participants may share safety information through regular dialogue, exchange of written documents, or meetings between their representatives, jointly facilitated seminars and discussion forums on aviation safety-related developments of mutual interest.

    • (D) A Participant may delay or decline to share safety information which is sensitive, confidential or that may infringe upon the intellectual property of third parties or prejudice ongoing investigations or judicial proceedings.

  • (ii) Mutual cooperation and technical assistance

    • (A) The Participants may collaborate to reduce identified risks, share and exchange technical expertise, such as the review of technical data and surveillance findings, surveillance program changes, structure, policies, lessons learned, approaches, procedures, documenting and reporting on results, making recommendations to the other Participant, and advising on regulatory design and implementation approaches, subject to the availability of resources and the Participants entering into further individual arrangements for such tasks.

    • (B) The Participants may share and work together on safety promotion and education activities/initiatives.

    • (C) The Participants may jointly design and apply a staff exchange programme for their mutual benefit, subject to the availability of their respective resources and the completion of any pre-exchange programme requirements. The Participants will establish the details of the programme through a separate instrument.

    • (D) The Participants may explore the possibility of engaging in a joint approach to technical assistance initiatives, thus maximizing the benefit to the recipient and reducing the resource burden on each Participant, as mutually decided by the Participants.

  • (iii) Training programmes and knowledge exchange

    • (A) The Participants may cooperate on knowledge exchange and on the joint development, organisation and conduct of training programmes on aviation safety. Topics for collaboration may include Safety Management Systems (SMS), State Safety Program (SSP), Fatigue Risk Management Systems (FRMS), safety oversight, human factors, flight operations, aircraft certification and continuing airworthiness, flight crew licensing, emerging technologies such as remotely piloted aircraft systems, legislative development, regulatory policy and enforcement.

    • (B) Training programmes may be conducted in‑person or through online seminars, workshops, conferences or talks, with details for each training programme to be jointly decided by the Participants. The Participants may jointly develop/deliver training materials to be used for the training of their staff, as well as other state aviation authorities in a joint approach to technical assistance initiatives, as mutually decided by the Participants.

  • (iv) Technical arrangements

    • (A) The Participants may jointly arrange for further exploratory work to be carried out in order to establish technical arrangements including mutual recognition in acceptance of certificates and approvals, acknowledging that domestic application of such arrangements may necessitate legislative changes and fulfilment of other respective internal requirements.

4 – Data protection and confidentiality

• (a) The Participants will not transfer or permit the transfer of shared information, including confidential information, without the prior written consent of the providing Participant, which may be withheld at the Participant’s discretion. The Participants will ensure information, including confidential information provided by the other Participant is suitably protected from unauthorised access, disclosure, or misuse.

• (b) 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. 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 applicable federal laws of Canada and Australia concerning data protection, data management and disclosure.

5 – Funding

Unless they jointly decide otherwise in writing, or as decided in a separate arrangement that is subject to this MOU, the Participants will pay for the costs they respectively incur under this MOU.

6 – Differences in interpretation and application

• (a) The Participants will resolve any difference in the interpretation and application of this MOU through consultation between their 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 of Civil Aviation of TCCA and the Director of Aviation Safety of CASA.

• (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.

7 – Work plans

• (a) A work plan relating to specific areas of cooperation may be developed by the Participants.

• (b) A work plan must be signed by both the Director of Aviation Safety for CASA and the Director General Civil Aviation for Canada for the purpose of this MoU.

• (c) A work plan comes into effect from the last date of signing of the work plan unless expressly stated otherwise in the work plan and will operate until terminated in accordance with the termination provision contained in that work plan.

• (d) All work plans cease with effect from the date this MOU is terminated in accordance with and subject to paragraph 10.

8 – Notices and administration

The Participants designate the following as their representatives to receive correspondence relating to the administration of this MOU:

• (i) For TCCA
  Head, International Aviation Policy & Engagement,
  International Aviation branch
  330 Sparks Street
  Place de Ville, Tower C
  Ottawa, ON K1A0N8
  Canada
  Email: TC.InternationalAviation-AviationInternationale.TC@tc.gc.ca

• (ii) For CASA
  Manager, International Relations
  Legal, International and Regulatory Affairs
  GPO Box 2005
  Canberra ACT 2601
  Australia
  Email: international@casa.gov.au

9 – Status

This Memorandum represents the understanding reached between the Participants and does not create any legally binding rights or obligations.

10 – Final dispositions

• (a) This MOU will take effect on the date of its last signature by the Participants and will remain valid for a period of 5 years. No less than 30 days before the end of this MOU, the Participants may extend it for a further period of 5 years upon their mutual written consent.

• (b) The Participants may amend this MOU upon their mutual written consent.

• (c) Either Participant may terminate this MOU by giving at least 6 months’ written notice to the other Participant.

• (d) In case of termination, the Participants will consult to determine how to deal with any outstanding matters, taking into account all programmes and arrangements in effect at the time of the giving of the notice, with the least possible disruption.

• (e) The Participants may provide for the survival of any arrangement after termination of this MOU, upon their mutual written consent.

Signed in duplicate at Washington on the 11th day of June 2024, in the English and French languages, each version being equally valid. In the event of any divergence of interpretation, the English text will prevail.