EXEMPTION FROM STANDARDS SPECIFIED IN THE CADORS MANUAL MADE PURSUANT TO SECTION 807.01 OF THE CANADIAN AVIATION REGULATIONS

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 an Air Traffic Services (ATS) operations certificates issued under section 801.05 of the Canadian Aviation Regulations (CARs), from the requirements set out in the standards specified in the Civil Aviation Daily Occurrence Reporting System (CADORS) Manual made pursuant to section 807.01 of the CARs, subject to the following conditions.

Section 807.01 stipulates that the holder of an ATS operations certificate shall report to the Minister any aviation occurrence information specified in the CADORS Manual in accordance with the criteria and reporting procedures specified in that manual.

PURPOSE

The purpose of this exemption is to allow holders of ATS operations certificates to use alternative reporting procedures that are recognized by the industry as well as Transport Canada but that are not consistent with the official procedures contained in the CADORS Manual referenced by section 807.01 of the CARs, when reporting civil aviation occurrences.

APPLICATION

This exemption applies to holders of ATS operations certificates issued under section 801.05 of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

  1. Any person providing services under the authority of this exemption shall supply occurrence reports for any occurrence listed in Annex A;
  2. Each report shall include sufficient details to uniquely identify the occurrence and, to the extent known and practicable at the time, all relevant factors based on the elements specified in Annex B; and
  3. The ATS Operations Certificate holder shall send to the reports to the appropriate office each working day except that immediate notification by phone shall be made for critical or high profile events.

VALIDITY

This exemption is in effect until the earliest of:

  1. The date on which any of the conditions set out in this exemption is breached; or
  2. The date on which an amendment to the appropriate provision of the Canadian Aviation Regulations or related standards come into force; 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 12 day of May 2008, on behalf of the Minister of Transport Infrastructure and Communities.

Original signed by

D. B Sherritt
Director Standards
Civil Aviation

 

APPENDIX “A”

(Based upon Annex A to the CADORS Manual)
Reportable Occurrences

The following are the reportable occurrences that shall be reported to the Minister in accordance with the occurrence report information elements specified in Annex B, to this exemption, by any person providing services under the authority of this exemption.

  1. Aircraft Accident

    For the purpose of this exemption, an aircraft accident means any aviation occurrence that could arise during the flight, more precisely from the commencement of the flight where the first person boards the aircraft, to the end of the flight where the last person disembarks and where any of the following situations occur:
    1. a person, other than a stowaway, sustains a serious injury or fatal injury, that is not self-inflicted or inflicted by another person or caused by natural causes, as a result of that person:
      1. being in the aircraft,
      2. coming into direct contact with any part of the aircraft, including any part that may have become detached from the aircraft, or
      3. being directly exposed to the jet blast/propeller wash of the aircraft;
    2. the aircraft sustains damage or structural failure adversely affecting the structural strength, performance or flight characteristics of the aircraft normally requiring major repair or replacement of any affected component part, other than damage or failure that is limited to:
      1. the engine, its cowlings or its accessories,
      2. the propellers, wing tips, antennae, tires, brakes or fairings, or
      3. small dents or puncture holes in the aircraft skin;
    3. the aircraft is missing or is completely inaccessible.
  2. Aircraft Incident.

    For the purpose of this exemption, an aircraft incident means, any occurrence involving an aircraft where:
    1. an engine fails;
    2. smoke or fire occurs, other than an engine fire that is contained within the engine and does not result in engine failure or damage to other component parts of the aircraft;
    3. difficulties in controlling the aircraft in flight are encountered due to any aircraft system malfunction, weather phenomena, wake turbulence, operations outside the approved flight envelope or uncontrolled vibrations;
    4. the aircraft fails to remain within the landing or takeoff area, lands with one or more landing gear retracted or drags a wing tip or engine pod;
    5. any crew member is unable to perform his/her flight duties as a result of incapacitation;
    6. decompression, explosive or otherwise, occurs that necessitates an emergency descent;
    7. a fuel shortage occurs that necessitates a diversion or requires approach and landing priority at the destination of the aircraft;
    8. the aircraft is refueled with the incorrect type of fuel or contaminated fuel;
    9. a collision or risk of collision with any other aircraft or with any vehicle, terrain, or obstacle occurs, including a collision or risk of collision that may be related to air traffic control procedures or equipment failures;
    10. the aircraft receives a Traffic Alert and Collision Avoidance System (TCAS) Resolution Advisory;
    11. a flight crew member declares an emergency or indicates any degree of emergency that requires priority handling by an air traffic control unit or the standing by of crash, fire fighting or rescue services;
    12. toxic gases or corrosive materials leak from any area aboard the aircraft.
  3. Unauthorized incursion or operating irregularity involving vehicles, pedestrians or animals.
  4. Failure of a navigational aid, approach aid, communications system, airport lighting, power failure or any other system breakdown which has an adverse effect on flight safety or a major impact upon operations.
  5. Criminal action – hijacking, bomb threat, riot, sabotage, or a breach of aviation/airport security.
  6. Unavailability of a runway due to snow, ice, flood, obstruction or foreign object that results in a major impact on airport operations.
  7. Bird strikes, which result in aircraft damage or other operational impact.
  8. Missing aircraft reports, Search and Rescue action (RCC launch and ELT activations).
  9. Significant building and equipment fire or other major damage on airport property or TC remote sites.
  10. Labour action affecting operational capability. 
  11. Item dropped from aircraft.
  12. Regulatory infractions which have immediate safety implications, involve commercial carriers or may generate media attention.
  13. Environment emergencies such as a significant fuel spill, hazardous chemical or radioactive spill on airport property.
  14. Accidental deaths or serious injuries to employees or members of the public while on airport or TC property.
  15. Any occurrence which may generate a high degree of public interest or could be of direct interest to specific foreign air authorities.

 APPENDIX “B”

Occurrence Report Information Elements (based upon Section 9 of the CADORS Manual)
Reports should contain the following elements of information:

  1. Report Number.
    The Report will be made up of a unique identifier.

  2. Aircraft.
    The aircraft field consists of three lines of information. The first line is to be used for registrations and flight numbers if applicable. The second line is for the aircraft type(s). Use type identifier followed by common name, e.g. PA28 Cherokee. The third line is for the operator(s). Use the word “private” if the aircraft is being privately operated. In the cases of occurrences with more than one aircraft, separate the information in the following way: Aircraft #1 / Aircraft #2. The space before and after the “/” is important.

  3. Occurrence.
    The occurrences field should be used to enter a short description of the occurrence. Phrases such as “Engine Failure” or “Runway Incursion” should be used rather than “Incident”.

  4. Date of Occurrence.
    This should be in the YY/MM/DD format.

  5. Time of Occurrence.
    The time should be in the ####Z format.

  6. Location.
    For airport names, use the spelling in the Canada Flight Supplement’ for other locations spell out place names; give position relative to an airport, reporting point or location;  or use latitude and longitude if appropriate and indicate if it is in an oceanic area, i.e Gander Oceanic.

  7. Details of the occurrence.
    These would include, in a manner as to ensure that the incident is adequately described, the following, as applicable:
    1. nature of occurrence;
    2. phase of flight (taxi, climb, cruise etc.);
    3. type of facility or equipment;
    4. type of operation (scheduled flight, charter etc);
    5. flight conditions;
    6. number of injuries and deaths, as well as the extent of damage;
    7. current status;
    8. operational impact;
    9. corrective action;
    10. where the weather is considered to be a factor, the latest hourly or Special Weather observation ;
    11. when reporting conflicts between aircraft (IFR/IFR, IFR/VFR, VFR/VFR), include:
      • aircraft altitude,
      • bearing and distance from nearest navigation facility or airport,
      • approximate distance between aircraft,
      • prevailing ceiling and visibility (VMC or IMC),
      • type of flight plans (IFR or VFR),
      • class of airspace, and
    12. any other relevant details.
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