EXEMPTION FROM CERTAIN CANADIAN AVIATION REGULATIONS TO FACILITATE THE IMPLEMENTATION OF SAFETY MANAGEMENT SYSTEMS BY HOLDERS OF AIRPORT CERTIFICATES

From: Transport Canada

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 airport certificates identified in subsection 302.500 (2) of the Canadian Aviation Regulations (CARs) and accountable executives appointed under paragraph 106.02(1)(a) in respect of those certificates, from the requirements set out in sections 107.02, 107.03 and 107.04 of Subpart 107 - Safety Management System Requirements of the CARs, subject to the conditions stated herein.

Sections 107.02, 107.03 and 107.04 are reproduced in Appendix A to this exemption.

Purpose

The purpose of this exemption is to enable holders of airport certificates 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 300-002 titled Safety Management System Implementation Procedures for Airport Operators.

Application

This exemption applies to holders of airport certificates identified in subsection 302.500(2) of the CARsand accountable executives appointed under paragraph 106.02(1)(a) of the CARs in respect of those certificates.

Conditions

This exemption is subject to the following conditions:

  1. The airport certificate holder shall continue to comply with the provisions of the CARs that are pertinent to its certificate and with all procedures documented in the airport operation manual as they stood on the date preceding the coming-into-force date of the Part III SMS regulations, until such time the manual is amended in accordance with the respective phases of the SMS implementation program.
  2. The airport certificate holder shall complete the following actions within the time periods indicated below:
    1. Before March 31st, 2009, complete Phase One of the SMS implementation program outlined in the Advisory Circular 300-002.
    2. Before March 31st, 2010, 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, 2011, complete Phase Three of the SMS implementation program in accordance with the project plan; and
    4. Before March 31st, 2012, 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, 2009 until the earliest of:

  1. 00:01 EDT on March 31st, 2012;
  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 10th day of December 2008, on behalf of the Minister of Transport, Infrastructure and Communities.


Original signed by

Merlin Preuss
Director General
Civil Aviation

Attachment: Appendix A

Appendix A 

Subpart 107- Safety Management System Requirements

Section 107.02 requires the holder of an airport certificate issued under section 302.03 to establish, maintain and adhere to a safety management system.

Section 107.03 requires the holder of an airport certificate issued under section 302.03 to include in the safety management system,

  1. a safety policy on which the system is based;
  2. a process for setting goals for the improvement of aviation safety and for measuring the attainment of those goals;
  3. a process for identifying hazards to aviation safety and for evaluating and managing the associated risks;
  4. a process for ensuring that personnel are trained and competent to perform their duties;
  5. a process for the internal reporting and analyzing of hazards, incidents and accidents and for taking corrective actions to prevent their recurrence;
  6. a document containing all safety management system processes and a process for making personnel aware of their responsibilities with respect to them;
  7. a quality assurance program;
  8. a process for conducting periodic reviews or audits of the safety management system and reviews or audits, for cause, of the safety management system; and
  9. any additional requirements for the safety management system that are prescribed under these Regulations.

Section 107.04 requires the holder of an airport certificate issued under section 302.03 to establish and maintain a safety management system that corresponds to the size, nature and complexity of the operations, activities, hazards and risks associated with the operations of their certificate.

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