Memorandum of Understanding between Transport Canada Civil Aviation and International Air Transport Association for Collaboration in Aviation Safety

Memorandum of Understanding for Collaboration in Aviation Safety

This Memorandum of Understanding (hereinafter referred to as “MoU”) is made on , 2024;

BETWEEN

INTERNATIONAL AIR TRANSPORT ASSOCIATION, an association incorporated by a Special Act of the Parliament of Canada, with its head office at 800 Place Victoria, Montreal, Quebec, Canada H4Z 1M1;

(hereinafter referred to as “IATA”)

AND

TRANSPORT CANADA CIVIL AVIATION with its registered office at 330 Sparks Street, Ottawa, Ontario, Canada K1A 0N5;

(hereinafter referred to as the “CAA” or “TCCA”)

(IATA and/or CAA being referred to hereinafter as the “Party” or the “Parties”)

WHEREAS IATA’s mission is to represent, lead and serve the airline industry. Its purposes, objects and aims are to promote safe, regular and economical air transport for the benefit of the peoples of the world, to foster air commerce and to study the problems connected therewith, to provide means for collaboration among the air transport enterprises engaged directly or indirectly in international air transport services and to co-operate with international organizations;

WHEREAS TCCA is the primary regulator in Canada for aviation safety with additional responsibilities for aviation security and environmental standards;

WHEREAS auditing is an essential pillar of the services offered by IATA to the aviation industry. The traditional development of policies, processes, and procedures, including the thorough assessment of both operational documentation structure and the consistent implementation of these policies, processes, and procedures, is supported by the utilization of risk-based auditing practices, where applicable;

Specifically, IATA maintains and continuously evolves numerous industry audit systems including the following two major programs:

• IATA Operational Safety Audit (“IOSA”) which includes IATA Standard Safety Assessment (“ISSA”); and
• IATA Safety Audit for Ground Operations (“ISAGO”).

WHEREAS IATA has developed a multitude of safety improvement activities based on objective safety information gathering and sharing; and

WHEREAS both Parties will initiate discussion and collaboration under the terms of this MoU to leverage the benefits of IOSA and ISSA; and participate in the exchange of information and related activities, in accordance with program rules and with appropriate considerations for confidentiality of that information, for the common objective of fostering, ensuring, and enhancing the safety of air transportation.

THEREFORE, the Parties confirm their mutual interest as follows:

1. Objective

The objective of this MoU is to provide a framework of collaboration between the Parties to conduct cooperative projects, undertakings, and associated activities in the various areas of civil aviation in relation to the IOSA and ISSA and safety oversight activities.

2. Scope and Form of Collaboration

Collaboration between the Parties may comprise of various types of activities, including but not limited to sharing expertise and best practices in aviation safety, if and as applicable, as follows:

IOSA, ISSA

The Parties aim to cooperate in the field of safety oversight and audit activities for airline operations, namely by:

• (i) recommending IOSA and ISSA as a means to complement the safety oversight of air operators;
• (ii) using IOSA and ISSA audits to complement State oversight activities;
• (iii) identifying practices to increase efficiency in the oversight processes monitoring the safety performance of the air operators, as well as the suitability and effectiveness of the IOSA and ISSA standards and audit processes;
• (iv) attending workshops and training sessions delivered by a Party; and
• (v) any other activity aimed at improving safety of airline operations.

3. Designated Officials

The designated official for IATA is: Regional Director Operations, Safety and Security

The designated official for TCCA is: Director General, Civil Aviation Directorate

(Collectively, known as the “Designated Officials”)

Each Party shall notify the other in writing of any changes to their Designated Official.

4. Implementation

4.1 The Designated Officials are responsible for:

• (i) maintaining an overview of cooperative activities;
• (ii) developing formal implementation plans; and
• (iii) ensuring that shared information maintains its confidential and proprietary nature in accordance with program rules and as mutually determined by a separate written agreement.

4.2 The Designated Officials will maintain an activity log of all cooperative activities undertaken, and other documents exchanged under this MoU. Following the conclusion of each calendar year, the Designated Officials will compile and agree on an executive summary of the activities accomplished during that year, and an action plan for the consecutive year.

4.3 If an implementation plan for an area of cooperation, collaboration, undertaking, or cooperative activity is developed, it will be formalized in a Cooperation Agreement, which shall contain general contract provisions.

5. Public Announcements and Media

The Parties will jointly agree on the form, substance, contents, media and timing of any public announcement or communication.

6. Financial Provision

Each Party will bear the costs of its own personnel associated with any cooperative activity under this MoU, unless otherwise agreed upon in writing.

7. No Exclusivity

This MoU shall not be deemed or interpreted as to create any form of exclusive undertaking between the Parties, and neither Party shall be in any manner prohibited or limited in carrying on its own business independently or from entering into similar collaboration initiatives with any third party.

8. Non-Binding Collaboration

This MoU will not create any legally binding or enforceable rights or obligations. This MoU is designed to be exploratory in nature and as such, is intended to constitute an expression and mutual understanding of the Parties to work collaboratively in support of aviation safety.

IN WITNESS WHEREOF the Parties have caused this MoU to be executed by its duly authorized officers or representatives at the date hereinabove mentioned.

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