EXEMPTION FROM CERTAIN CANADIAN AVIATION REGULATIONS TO FACILITATE THE IMPLEMENTATION OF SAFETY MANAGEMENT SYSTEMS BY AIR TRAFFIC SERVICES OPERATIONS CERTIFICATE HOLDERS

Pursuant to Subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt holders of an air traffic services (ATS) operations certificate issued prior to January 1st, 2008 and accountable executives appointed under paragraph 106.02(1)(a) in respect of those certificates, from the requirements set out in paragraph 106.02(1)(c), section 107.02, paragraph 107.03 (g) and paragraph 107.03 (h) of the CARs, subject to the conditions stated herein.

Paragraph 106.02(1)(c) requires the holder of the ATS operations certificate to ensure that the accountable executive submits to the Minister a signed statement that they accept the responsibilities of their position within 30 days after their appointment.

Section 107.02 requires the holder of the ATS operations certificate to establish, maintain and adhere to a safety management system (SMS).

Paragraph 107.03 (g) requires the holder of the ATS operations certificate to establish a quality assurance program.

Paragraph 107.03 (h) requires the holder of the ATS operations certificate to conduct reviews of the SMS to determine its effectiveness.

PURPOSE

The purpose of this exemption is to enable holders of an ATS operations certificate to introduce a safety management system in an orderly manner and without disruption of their normal operations, by following the SMS implementation program published by the Minister in the Advisory Circular 800-001 titled Safety Management System Implementation Procedures for Air Traffic Services (ATS) Operations Certificate Holders.

APPLICATION

This exemption applies to the holders of an ATS Operations certificate issued prior to January 1st, 2008 and accountable executives appointed under paragraph 106.02(1)(a) in respect of those certificates.

CONDITIONS

This exemption is subject to the following conditions:

1. The holder of an ATS operations certificate shall complete the following actions within the time periods indicated below:
   1. Before March 31st, 2008,
      1. Ensure that the accountable executive submits the signed statement required by paragraph 106.02(1)(c), and
      2. Complete Phase One of the SMS implementation program outlined in the Advisory Circular 800-001; 
   2. Before March 31st, 2009, correct any deficiencies in the project plan submitted as part of Phase One that have been identified by Transport Canada and complete Phase Two of the SMS implementation program;
   3. Before March 31st, 2010, complete Phase Three of the SMS implementation program in accordance with the project plan; and
   4. Before March 31st, 2011, complete Phase Four of the SMS implementation program in accordance with the project plan.

VALIDITY

This exemption is in effect from 00:01 EST on January 1st, 2008 until the earliest of:

1. 00:01 EDT on March 31st, 2011;
2. The date on which any of the conditions set out in this exemption is breached; or
3. The date on which this exemption is canceled in writing by the Minister, where he is of the opinion that it is no longer in the public interest, or it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 28th day of December 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Merlin Preuss

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2007-12-2