Advisory Circular (AC) No. 600-009

Subject: Transport of Munitions of War by Foreign Air Operators

Issuing Office:	Civil Aviation, Policy and Regulatory Services
Document No.:	AC 600-009
File Classification No.:	Z 5000-34
Issue No.:	01
RDIMS No.:	14673807-V10
Effective Date:	2020-09-10

Table of contents

• 1.0 Introduction
  • 1.1 Purpose
  • 1.2 Applicability
  • 1.3 Description of changes
• 2.0 References and requirements
  • 2.1 Reference documents
  • 2.2 Cancelled documents
  • 2.3 Definitions and abbreviations
• 3.0 Background
• 4.0 Ministerial authorization
• 5.0 Blanket ministerial authorization
• 6.0 Applicability of blanket ministerial authorizations
• 7.0 Conditions of the blanket authorization
• 8.0 Breach of conditions – exception to blanket ministerial authorization
• 9.0 Information management
• 10.0 Document history
• 11.0 Contact us
• Appendix A — Munitions of War Application Process

1.0 Introduction

(1) This Advisory Circular (AC) is provided for information and guidance purposes. It describes an example of an acceptable means, but not the only means, of demonstrating compliance with regulations and standards. This AC on its own does not change, create, amend or permit deviations from regulatory requirements, nor does it establish minimum standards.

1.1 Purpose

(1) The purpose of this document is to provide guidance on how foreign air operators can comply with section 606.01 of the Canadian Aviation Regulations (CARs) pertaining to the carriage of Munitions of War in Canadian airspace.

1.2 Applicability

(1) This document is applicable to foreign operators conducting air transport services pursuant to Subpart I of Part VII of the CARs (Foreign Air Operations) while carrying Munitions of War in Canadian airspace and to TCCA personnel assigned duties to oversee the transport of Munitions of War in Canadian airspace.

1.3 Description of changes

(1) Not applicable.

2.0 References and requirements

2.1 Reference documents

(1) It is intended that the following reference materials be used in conjunction with this document:

• (a) Part VI, Subpart 06 of the CARs—Miscellaneous;
• (b) Part VII, Subpart 01 of the CARs—Foreign Air Operations;
• (c) ICAO Chicago Convention, Article 35;
• (d) Ministerial Authorization pursuant to section 606.01 of the CARs (RDIMS 12636703);
• (e) Transportation of Dangerous Goods Act, 1992.

2.2 Cancelled documents

(1) Not applicable.

(2) By default, it is understood that the publication of a new issue of a document automatically renders any earlier issues of the same document null and void.

2.3 Definitions and abbreviations

(1) The following abbreviations are used in this document:

• (a) CARs: Canadian Aviation Regulations;
• (b) DG: Dangerous Goods;
• (c) FAOC: Foreign Air Operator Certificate;
• (d) FOD: Foreign Operations Division;
• (e) GAC: Global Affairs Canada;
• (f) ICAO: International Civil Aviation Organization;
• (g) MoW: Munitions of War;
• (h) TCCA: Transport Canada Civil Aviation; and
• (i) TDG: Transport of Dangerous Goods Directorate.

3.0 Background

(1) Article 35 of the Convention on International Civil Aviation states:

• “(a) No Munitions of War or implements of war may be carried in or above the territory of a State in aircraft engaged in international navigation, except by permission of such State. Each State shall determine by regulations what constitutes Munitions of War or implements of war for the purposes of this Article, giving due consideration, for the purposes of uniformity, to such recommendations as the International Civil Aviation Organization may from time to time make.
• (b) Each contracting State reserves the right, for reasons of public order and safety, to regulate or prohibit the carriage in or above its territory of articles other than those enumerated in paragraph (a) provided that no distinction is made in this respect between its national aircraft engaged in international navigation and the aircraft of the other States so engaged; and provided further that no restriction shall be imposed which may interfere with the carriage and use on aircraft of apparatus necessary for the operation or navigation of the aircraft or the safety of the personnel or passengers.”

(2) Canada is a signatory State, thus article 35 of the Convention applies.

(3) Article 35 of the Convention requires States to determine, by regulations, what constitutes Munitions of War, for the purposes of the article.

(4) Section 606.01 of the CARs states that no person shall carry weapons, ammunition or other equipment designed for use in war on board an aircraft unless the aircraft is a Canadian aircraft or the Minister has authorized the carriage of such equipment.

4.0 Ministerial authorization

(1) Pursuant to section 606.01 of the CARs, a foreign air operator must apply to TCCA for a Ministerial Authorization to carry weapons, ammunition or other equipment designed for use in war, when operating in Canadian airspace.

• (a) Application for Munitions of War authorization shall be made to the Foreign Operations Division of TCCA. Applications should be sent to: overflights-survol@tc.gc.ca.

(2) Munitions of War are interpreted very broadly and for guidance as to what constitutes Munitions of War the following definition from the United Kingdom Air Navigation Order 2009, Part 18, is used:

“Munition of War means any weapon or ammunition; any article containing an explosive, noxious liquid or gas; or any other thing which is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article.”

(3) In many cases, Munitions of War are also classified as forbidden dangerous goods and will require an Equivalency Certificate is issued by the Transportation of Dangerous Goods Directorate to permit the transport thereof in Canadian airspace. All requirements related to the transport of dangerous goods must be met separately by contacting the Transportation of Dangerous Goods Directorate at: tdgapprovals-approbationstmd@tc.gc.ca.

(4) It should be noted that not all Munitions of War are dangerous goods and not all dangerous goods are Munitions of War.

(5) Those foreign operators without a Canadian Foreign Air Operator Certificate (FAOC) are also required to apply for an overflight authorization in accordance with section 701.10 of the CARs, by applying to the following: overflights-survol@tc.gc.ca.

(6) FOD has adopted a service level of 10-30 calendar days to process applications for a Ministerial Authorization.

5.0 Blanket ministerial authorization

(1) Given the significant increase in requests for authorizations to transport Munitions of War in Canadian airspace in recent years, and the fact that many foreign operators transporting Munitions of War in Canadian airspace are holders of an FAOC and conduct flights which are routine in nature, TCCA may issue a blanket Ministerial Authorization to a foreign air operator that meets the following criteria:

• (a) holds a valid Canadian FAOC;
• (b) has a record showing regulatory compliance; and
• (c) conducts safe operations.

(2) A separate blanket Ministerial Authorization will be issued to each individual foreign air operator for a specified period of time. Though the blanket Ministerial Authorization will permit foreign air operators to transport Munitions of War in Canadian airspace without the need for an individual authorization for each flight, it is essential that foreign air operators understand when a blanket Ministerial Authorization is applicable and that they must meet all of the conditions found therein.

6.0 Applicability of blanket ministerial authorizations

(1) The blanket Ministerial Authorization applies to a foreign air operator holding a Canadian FAOC and its flight crew members when transiting Canadian airspace or conducting a technical landing in Canada for the purpose of transporting Munitions of War on an aircraft for which a standard Certificate of Airworthiness issued pursuant to ICAO Annex 8 has been issued.

7.0 Conditions of the blanket authorization

(1) For a Blanket Ministerial Authorization, a foreign air operator shall meet the following conditions:

• (a) No later than seventy-two (72) hours prior to the flight, the foreign air operator shall inform the Minister at overflights-survol@tc.gc.ca of the flight itinerary, route, nature and quantity of cargo (cargo manifest), aircraft type, aircraft registration and state of registration of the aircraft and submit, if applicable, a copy of the Equivalency Certificate;
• (b) The foreign air operator and its flight crew members shall operate each flight in Canadian airspace in accordance with the CARs and Canadian air traffic rules and procedures.
• (c) The foreign air operator and its flight crew members shall operate each flight under the authority of a standard Certificate of Airworthiness issued pursuant to ICAO Annex 8;
• (d) The foreign air operator shall not conduct a flight where a Transport Canada Equivalency Certificate is required pursuant to the Transportation of Dangerous Goods Act unless the foreign air operator and its flight crew members, for the applicable flight, comply with all conditions set out in the certificate and carry a copy of the certificate on board the aircraft while operating in Canadian airspace.
• (e) Prior to conducting a technical landing at a Canadian airport, the foreign air operator shall advise the airport of the technical landing and nature of the Munitions of War to ensure they are parked and that the cargo is handled in accordance with appropriate procedures.
• (f) The foreign air operator shall ensure that the intended aircraft meets the noise standards set out in ICAO Annex 16 Volume I – Aircraft Noise, Chapter 3 or 4.
• (g) The foreign air operator and its flight crew members shall carry a copy of the Ministerial Authorization on board the aircraft while operating in Canadian airspace.

8.0 Breach of conditions – exception to blanket ministerial authorization

(1) In the case where a foreign air operator does not meet any one of the conditions set out in a blanket Ministerial Authorization, the foreign air operator can no longer benefit from the blanket authorization and must apply for a Ministerial Authorization for each individual flight.

(2) Furthermore, the blanket Ministerial Authorization ceases to be valid on the date on which the authorization is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety.

9.0 Information management

(1) Not applicable.

10.0 Document history

(1) Not applicable.

11.0 Contact us

For more information, please contact:

Chief, Foreign Operations Division (AAROF)
Fax: 613-949-4227
E-mail: overflights-survol@tc.gc.ca

We invite suggestions for amendment to this document. Submit your comments to: overflights-survol@tc.gc.ca.

Document approved by

Marcia George
Director, Regulatory Affairs
Civil Aviation

Appendix A — Munitions of War Application Process

Appendix A Flowchart Description

The Appendix A flowchart assists foreign air operators who will be transporting munitions of war in Canadian airspace in determining what authorizations are required.

Step 1 Does the operator hold an FAOC? If the operator holds an FAOC they will not need an overflight authorization in addition to a MoW authorization. If they do not hold an FAOC, they will need to apply for an overflight authorization.

Step 2 Does the operator hold a blanket MoW authorization? If the operator holds a blanket MoW authorization they will not need to apply for a MoW authorization but must inform FOD of the flight details. If they do not hold a blanket MoW authorization, they will need to apply for a MoW authorization. Of note, an FAOC is required to obtain a blanket MoW authorization.

Step 3 Are forbidden DG being transported? If forbidden DG are being transported, the operator must apply to TDG for an equivalency certificate. Based on the yes/no answers to these questions, the following are the resulting scenarios:

• #1 If the operator holds an FAOC, a blanket MoW authorization and forbidden DG are not being transported, they must only inform FOD of the flight details.
• #2 If the operator holds an FAOC, a blanket MoW authorization and forbidden DG are being transported, they must apply to TDG for an equivalency certificate and inform FOD of the flight details.
• #3 If the operator holds an FAOC, does not hold a blanket MoW authorization and forbidden DG are being transported, they must apply to TDG for an equivalency certificate and apply to FOD for a MoW authorization.
• #4 If the operator holds an FAOC, does not hold a blanket MoW authorization and forbidden DG are not being transported, they must apply to FOD for a MoW authorization.
• #5 If the operator does not hold an FAOC and forbidden DG are being transported, they must apply to TDG for an equivalency certificate and apply to FOD for an overflight authorization and a MoW authorization.
• #6 If the operator does not hold an FAOC and forbidden DG are not being transported, they must apply to FOD for an overflight authorization and a MoW authorization.