EXEMPTION FROM PARAGRAPH 302.07(1)(g) OF THE CANADIAN AVIATION REGULATIONS

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 airport operators, holders of an airport certificate issued under section 302.03 of the Canadian Aviation Regulations (CARs), from the requirements set out in paragraph 302.07(1)(g) of the(CARs), subject to the following conditions.

Paragraph 302.07(1)(g) of the (CARs) states that the operator of an airport shall assign duties on the movement area and any other area set aside for the safe operation of aircraft, including obstacle limitation surfaces, at the airport, which are described in the airport operations manual, only to employees who have successfully completed a safety‑related initial training course on human and organizational factors.

PURPOSE

The purpose of this exemption is to provide airport operators, holders of an airport certificate issued under section 302.03 of the (CARs), the opportunity to align the introduction of the human and organizational factors training requirements as per paragraph 302.07(1)(g) of the (CARs), with Transport Canada’s established Safety Management System (SMS) implementation timetable.

APPLICATION

This exemption applies to airport operators, holders of an airport certificate issued under section 302.03 of the (CARs).

 CONDITIONS

This exemption is subject to the following conditions

  1. The airport operator, holder of an airport certificate issued under section 302.03 of the (CARs), shall continue to comply with all procedures documented in the airport operation manual as it 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 operator, holder of an airport certificate in respect of an airport listed in subsection302.500 (1) of the (CARs), shall complete the following actions within the time periods indicated below:
    1. Before March 31st, 2009, provide the training required in Phase Two of the SMS implementation program;
    2. Before March 31st, 2010, provide the training required in Phase Three of the SMS implementation program in accordance with the project plan; and
    3. Before March 31st, 2011, complete provide the training required in Phase Four of the SMS implementation program in accordance with the project plan;  and
  3. The airport operator, holder of an airport certificate in respect of an airport listed in subsection 302.500 (2) of the (CARs), shall complete the following actions within the time periods indicated below:
    1. Before March 31st, 2010, provide the training required in Phase Two of the SMS implementation program;
    2. Before March 31st, 2011, provide the training required in Phase Three of the SMS implementation program in accordance with the project plan; and
    3. Before March 31st, 2012, complete provide the training required in Phase Four of the SMS implementation program in accordance with the project plan.

VALIDITY

This exemption is in effect until the earliest of:

  1. 11:59 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 8th day of April 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

Merlin Preuss
Director General
Civil Aviation

Date de modification :