A19-04 – “…the Department of Transport review the gaps identified in this safety issue investigation regarding Subpart 703 of the Canadian Aviation Regulations and associated standards, and update the relevant regulations and standards.”
Transport Canada Response to Recommendation A19-04
TC agrees in principle with the recommendation.
TC strives to ensure regulations are appropriate for the sector and has been working on the three main areas identified in the Safety Issue Investigation (SII), namely: Training and qualifications, improvements to older aircraft and fatigue among aircraft maintenance engineers (AMEs).
- Training and qualifications: There are two initiatives underway that have the potential to enhance training and qualification requirements in the air taxi sector to increase the focus on managing the types of operational risks highlighted in the air taxi investigation report while maintaining crew competence in basic aircraft maneuvers:
- TC is undertaking a review of training and qualification requirements in all subparts of the Canadian Aviation Regulations (CARs). This will include an examination of pilot proficiency check schedules, training captain and instructor qualification requirements, operator training curriculum requirements, approved check pilot manuals and flight test guides and the expanded approval of flight training devices, particularly for subparts 702 and 703. This initiative will begin with communication and consultation with industry in 2020 with drafting of regulatory material by 2022. Implementation of identified changes would be expected in 2023.
- As part of the Transport Canada’s transformation strategy and within the scope of the Civil Aviation Regulatory Review project, a regulatory review is underway to look at training irritants related to personnel training, qualifications and licensing. This package includes Part IV, VI and VII irritants identified in the 2015/16 work (Notice of Proposed Amendments from 1999-2015, internal comments etc.) as well as existing irritants raised from the 2013 Fletcher report, Let’s Talk submissions, and the Fall 2018 Treasury Board survey published in Canada Gazette I (CGI). This regulatory package is anticipated for CGI publication in 2020/21.
- Improvements to older aircraft: TC is currently updating Airworthiness Manual Chapter 523Footnote 1 Normal, Utility, Aerobatic and Commuter Category Aeroplanes. The intent of this update is to facilitate design changes on normal category airplanes. The changes will ease the introduction of “life-saving technologies” (angle of attack indicator, moving map GPS displays for example) with less certification administrative burden than has been required under the current prescriptive standards of airworthiness to an increased number of aircraft. TC anticipates having the required guidance documentation to support these changes submitted for consultation through the Canadian Aviation Regulation Advisory Council (CARAC) process early in 2020.
- Fatigue in AMEs: TC has been working to address the issue of fatigue in aviation. Specifically, TC has updated flight and duty time limits for pilots. It is also providing support and input to the amendments to the Canada Labour Code (CLC) being proposed by Employment and Social Development Canada (ESDC). These amendments are meant to update the CLC to better align with international standards and improved employee work-life balance. These could have a positive impact on fatigue management. ESDC is currently in the process of launching a last round of stakeholder consultations before drafting supporting regulations, which are anticipated to come into force in late spring, or summer 2020.
Finally, TC continues to work with industry to improve safety and to address TSB recommendations and is making good progress. The report highlights 22 active recommendation as having the potential to enhance safety in the air taxi sector, 18 of which are directed to TC. Our efforts are showing results and the TSB has assessed TC’s response to more than 70% of these recommendations as being either “Satisfactory in Part” or “Satisfactory Intent”.
We recognize there is more to be done. The three recommendations cited in the report for which TC has received an “unable to assess” assessment by the Board demonstrate TC’s commitment to ensuring that regulatory actions are accomplished in a manner that meets the needs of all stakeholders. In all three cases (A16-12 – SMS implementation, A16-10 – Terrain Awareness Warning Systems (TAWS) in helicopters and A17-01 – stall warning systems for the Beaver aircraft), TC has or is currently undertaking further study to ensure that actions taken address the identified safety deficiency in an effective way that can be implemented by Canadian operators. Detailed updates on TC’s actions related to all three of these recommendations were recently provided to the TSB and are awaiting reassessment by the Board.
TC has received an “Unsatisfactory” rating on only two of the recommendations discussed in the report. In these cases, the action proposed by the TSB has been determined to be impracticable to implement (A90-84 – helicopter instrumentation and A13-03 – passenger shoulder harnesses in float planes). Although TC determined it was not feasible to pursue the specific action recommended by the TSB in these instances, other mitigations were put in place to improve float plane safety and to reduce the incidence of inadvertent flight into poor weather by helicopters. An example of this is the changes to the CARs that will enhance safety for seaplane passengers and crew published in the Canada Gazette, Part II in March 2019Footnote 2. The proposed change require passengers and crew of commercial seaplanes with nine passengers or less to wear an inflatable flotation device while the aircraft operates on or over water while in seaplanes with 10 to 19 passengers, flotation devices will continue to be required onboard for all occupants; however, occupants will not be required to wear the flotation device and mandatory training for all pilots of commercial seaplanes on how to exit an aircraft under water.