Civil Aviation initiatives planned for April 2021 – April 2023

You can use this page to find information on planned regulatory initiatives that Transport Canada expects to bring forward over the next two years. The full versions of each plan are published in the Canada Gazette. It also lists public consultations that might interest you and departmental contact information for each planned initiative.

On this page

Initiative(s) planned for Canada Gazette, Part I

1. Regulations amending the Canadian Aviation Regulations (Part I - CAR 104, Aeronautical Product Approval)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

The proposed regulatory amendments to the Canadian Aviation Regulations would update and modernize the charges associated with the issuance, renewal, amendment or endorsement of aeronautical products by Transport Canada (section 104 and Schedule V of the Canadian Aviation Regulations). The proposed amendments would include updating existing charges as well as adding new charges.

Transport Canada performs many activities that directly benefit the Canadian aerospace industry. This includes approving aeronautical product designs. Approval of these designs is one step in the process necessary for an aircraft to receive “flight authority”. Flight authority confirms that the aircraft is in compliance with the applicable type design; and is fit and safe for flight.

To receive flight authority, an aircraft’s overall design and its major aeronautical components must be approved, indicating that they meet design standards set by the International Civil Aviation Organization.

Transport Canada issues initial approval documents to Canadian-based companies and facilitates the issuance of approval documents to Canadian companies in foreign jurisdictions, allowing these companies to sell their products abroad. Transport Canada also issues approval documents to foreign companies that want to sell their products for use in Canada.

Potential impacts on Canadians, including businesses

The proposed amendments apply to businesses that design aeronautical products. The businesses that would be affected by the change range from large Canadian-based companies to companies with one owner who develops and markets individual aeronautical components. The fixed charges will stay relatively low to encourage continued growth and innovation in the industry. There may be an impact on trade because of the proposed amendments.

The Canadian public would not be affected by the change.

Regulatory cooperation efforts (domestic and international)

Transport Canada considered the fees charged by other countries, such as Australia, European Union, New Zealand, and the United States when developing the proposed charges.

Consultations

In 2014, Transport Canada engaged the aerospace industry by leading a working group which reviewed and discussed the fee modernization options.

In February 2018, the department presented the broad goals and timeframes of this initiative to stakeholders at the planning session of the Canadian Aviation Regulation Advisory Council.

Between March 2018 and May 2018, Transport Canada held five Preliminary Engagement sessions with industry stakeholders and trade associations representing members of the aerospace sector.

Transport Canada posted the Fee Modernization Proposal on our “Let’s Talk Fee Modernization” webpage for a 45-day comment period on September 5, 2018. When the comment period closed, the department also held a one-day workshop with members of the Canadian industry and two industry associations to discuss their concerns.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in mid-2022 with a 30-day comment period.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

2. Regulations amending the Canadian Aviation Regulations (Parts I and IV – Approved training organizations)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

The proposed regulatory amendments to the Canadian Aviation Regulations will introduce the elements needed to certify Canadian-approved training organizations. The organizations will be responsible for conducting training to issue pilot licences, permits or ratings.

The goal of the proposed amendment would be to make sure that Canadian regulations for training organizations follow the International Civil Aviation Organization standards.

Potential impacts on Canadians, including businesses

Transport Canada expects that anyone interested in becoming an approved training organization to provide training to issue a pilot’s licence, permit or rating may be impacted. Current flight training units may want to become approved training organizations.

Regulatory cooperation efforts (domestic and international)

Transport Canada does not expect major on the regulatory cooperation efforts. The proposed amendments would comply with the International Civil Aviation Organization’s international standards for approved training organizations.

Consultations

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2014

3. Regulations amending the Canadian Aviation Regulations (Parts I, III and VI to VIII – Water airports)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

The proposed regulatory amendments to the Canadian Aviation Regulations would establish aerodrome safety components that are needed for a water aerodrome to be certified as an airport.

The goal of this change to the regulations would be to create the criteria under which a water aerodrome can become certified as an airport.

Potential impacts on Canadians, including businesses

The proposed changes would apply to individuals or businesses that would be interested in being issued a water airport certificate. Current uncertified water aerodromes seeking to become a certified water airport would be required to apply for a water airport certificate and meet all the requirements explained in the change.

Regulatory cooperation efforts (domestic and international)

Right now, there are no international standards for water airports. Also, other countries have not developed regulations to certify water airports. This initiative is not related to regulatory cooperation efforts.

Consultations

Transport Canada consulted stakeholders in the summer of 2019 through the Canadian Aviation Regulation Advisory Council.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, late 2022 with a 30-day comment period.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2014

4. Regulations amending the Canadian Aviation Regulations (Parts I, VI and VII – Night visual flight rules operations)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

The proposed regulatory amendments to the Canadian Aviation Regulations would address the safety risks associated with the night visual flight rules operations. Over the years, the Transportation Safety Board has made many recommendations about the night visual flight rules operations, because they have been a factor in many incidents and accidents.

The goal of the proposed amendments is to introduce the use of night vision imaging systems into the Canadian civil aviation regulatory framework. This will significantly increase the safety of night flights and operations.

By introducing night vision imaging systems technology into the Regulations, the department will address Transportation Safety Board recommendations. Transport Canada will also provide a safer system for the night visual flight rules operations.

Potential impacts on Canadians, including businesses

Transport Canada expects that this initiative will have an impact on the private pilot community as well as commercial air operators.

This initiative has the potential to grow the Canadian aviation industry in many sectors such as aircraft modification, maintenance, and equipment providers of Night Vision Imaging Systems.

It is possible that other stakeholders will be impacted by this initiative as the file goes through the various stages of regulatory development.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that these changes will not affect regulatory cooperation efforts. This initiative is not related to regulatory cooperation efforts.

Consultations

Transport Canada plans to consult stakeholders in early 2021 through the Canadian Aviation Regulation Advisory Council.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

5. Regulations amending the Canadian Aviation Regulations (Part VIII - Air navigation services)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

The proposed regulatory amendments to the Canadian Aviation Regulations would ensure Transport Canada remains a world-class regulator and continues to drive the Canadian economy. It is part of Transport Canada carefully considered transformation strategy that has been launched to modernize the way programs and services are delivered to better serve Canadians. As part of this transformation strategy, Transport Canada launched the Aviation Safety Regulatory Review Initiative to modernize the Canadian Aviation Regulations.

Transport Canada is proposing these changes to:

  • codify existing, repeating exemptions related to air navigation systems and air traffic controllers to:
    • save time and resources for the regulator and regulated entities by eliminating the need for issuing recurrent exemptions
    • improve alignment with international standards which will increase the reliability of Canadian standards and reduce confusion in shared airspace
  • address Standing Joint Committee for the Scrutiny of Regulations concerns with subpart 4 (aviation weather services) of the Regulations
  • clarify the type of services provided by air traffic controllers, in different classes of airspace
  • clarify the applicable standards for providing air navigation services in domestic Canadian airspace as well as in the airspace for which Canada, by way of an international agreement, has accepted to provide such services
  • in response to the revision of the Canadian Domestic Air Traffic Control Separation Standards, create new provisions to clearly identify the relevant sections of the revised standard for different types of separation.

Potential impacts on Canadians, including businesses

The proposed regulatory changes would apply to NAV CANADA and anyone that provides air navigation services in Canada. This proposal would codify into the Regulations existing recurrent exemptions.

Transport Canada expects that stakeholders will benefit from the proposed changes, as they will be able to avoid the administrative burden of repeatedly applying for exemptions from air navigation service requirements in the Regulations.

Also, NAV Canada sees some of those exemptions as a cost saving moves for air operators because of shorter flight routes and therefore lower fuel costs. This would decrease operators costs related to regulations. Transport Canada does not expect that these proposed changes will have an impact on Canadian businesses and Canadians in general.

Regulatory cooperation efforts (domestic and international)

Transport Canada has committed to a regulatory modernization initiative, as part of Government of Canada’s Budget 2018 commitment. This proposal will reduce the number of exemptions that the department issues, and the time and resources invested in processing and applying for exemptions by Transport Canada’s Civil Aviation Safety Program and regulated entities.

The proposal would harmonize regulatory requirements with the International Civil Aviation Organization and Federal Aviation Administration. It would improve international recognition of the safety of Canada’s civil aviation industry and boost the international competitiveness of the industry.

Consultations

Existing exemptions have been in place since 2007 and have been driven by stakeholder requests. Nonetheless, Transport Canada has initiated consultations to ensure that the department adopts a holistic approach to resolving the issues.

Transport Canada consulted:

  • internal subject matter experts at headquarters and regional offices
  • external experts
  • affected stakeholders such as NAV-Canada

Transport Canada will publish a Notice of Proposed Amendment through the Canadian Aviation Regulation Advisory Council process, with a 30-day comment period, looking for stakeholder input on the proposed changes.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in mid-2022, with a 30-day comment period.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

6. Regulations amending the Canadian Aviation Regulations (Part II – Aircraft ID, Registration and the Operation of a Leased Aircraft by a Non-Registered Owner)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulatory amendments to the Canadian Aviation Regulations would ensure Transport Canada remains a world-class regulator and continues to drive the Canadian economy. It is part of Transport Canada carefully considered transformation strategy that has been launched to modernize the way programs and services are delivered to better serve Canadians. As part of this transformation strategy, Transport Canada launched the Aviation Safety Regulatory Review initiative to modernize the Canadian Aviation Regulations.

The goal of the initiative is to make the regulations more agile and coherent. Also, where appropriate, Transport Canada will use a risk-based approach to Part II of the Regulations to reduce the amount of administrative work for regulated entities and the department.

The initiative will also support innovation and economic growth by targeting minor irritants, administrative updates and shortcomings that exist in Part II of the Regulations.

Potential impacts on Canadians, including businesses

The proposed regulatory changes would apply to entities already regulated under Part II of the Canadian Aviation Regulations— registered aircraft owners, person operating aircraft and aircraft manufacturers.

The travelling Canadian public is not directly impacted by the proposed regulatory changes. The impact will be on aircraft owners and aircraft manufacturers to give them more flexibility and clarity about:

  • Transport Canada’s shift to electronic documentation
  • Manufacturer’s use of registration marks
  • The process of registering an aircraft
  • The regulations pertaining to identification plates
  • Determining the custody and control of an aircraft

Regulatory cooperation efforts (domestic and international)

As part of the Government of Canada’s Budget 2018 commitment to undertake a regulatory review across several departments, Transport Canada has committed to modernizing its regulations.

Through the Canada Gazette, Part I notice, industry has told the department they are irritated about many outstanding Notices of Proposed Amendments that Transport Canada has put out through the Canadian Aviation Advisory Council, without resulting in a change to regulations.

Transport Canada expects that this regulatory proposal will address many of these outstanding Notices of Proposed Amendments and exemptions.

Where appropriate, Transport Canada will consider ways to align their regulations with regulations from:

  • the United States
  • the European Union
  • standards proposed by the International Civil Aviation Organization

This will help minimize any differences in similar requirements which may exist between Canada and its major trading partners.

Consultations

Transport Canada used the Let’s Talk Modernizing the Canadian Aviation Regulations webpage as a tool to consult broadly with industry and the Canadian public on irritants relating to Part II of the Regulations. A “What we Heard” report was published in November 2019.

The department has also hosted a series of multi-disciplinary task team meetings, consisting of regional and headquarters subject matter experts as well as industry subject matter experts. The task team provided a horizontal examination of the irritants to inform the way forward.

Transport Canada will distribute Notices of Proposed Amendments through the Canadian Aviation Regulation Advisory Council process to seek further feedback from affected stakeholders on the proposed changes.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in mid-2022 with a 30-day comment period.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

7. Regulations amending the Canadian Aviation Regulations (Remotely piloted aircraft systems – Lower risk – Beyond visual line-of-sight)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulatory amendments to the Canadian Aviation Regulations would seek to enable routine visual line-of-sight operations with larger remotely piloted aircraft systems (RPAS) as well routine lower-risk beyond visual line-of-sight operations without the requirement to obtain a Special Flight Operations Certificate. Examples include low-level operations in uncontrolled airspace and outside of population centres. They include new requirements related to pilot certification, airworthiness and procedural requirements.

As part of Transport Canada’s Regulatory Review Initiative, a lack of regulations for beyond visual line-of-sight operations was identified as an irritant by the Remotely Piloted Aircraft Systems industry. In order to address this, and as part of Transport Canada’s commitment to regulatory modernization, the department has accelerated the development of regulations for lower-risk beyond visual line-of-sight operations to keep pace with rapidly emerging technologies and capabilities of remotely piloted aircraft systems.

Potential impacts on Canadians, including businesses

The proposed regulatory changes would apply to Canadian remotely piloted aircraft systems pilots and companies conducting business in Canada, as well as manufacturers of Remotely Piloted Aircraft Systems.

The changes will provide a predictable regulatory framework and replace the requirement to obtain a Special Flight Operations Certificate for certain lower-risk beyond visual line-of-sight operations. This will make it easier to carry out these operations on a routine basis.

As part of the regulatory development process, Transport Canada will assess impacts on Canadians, including businesses.

Regulatory cooperation efforts (domestic and international)

This proposal will create more flexibility for stakeholders and support a growing economic sector.

The department continues to work with our international partners such as:

  • the United States
  • Australia
  • Brazil
  • European Union Aviation Safety Agency
  • the International Civil Aviation Organization
  • the Joint Authorities for Rulemaking on Unmanned systems

Transport Canada will look for areas to harmonize its regulations with international counterparts when it is feasible.

Consultations

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2022 with a 60-day comment period.

Departmental contact information

Ryan Coates
Director, RPAS Task Force
Transport Canada
Telephone: 613-991-9154
Email: ryan.coates@tc.gc.ca

Jeannie Stewart-Smith
Manager, RPAS Task Force
Transport Canada
Telephone: 343-996-5092
Email: jeannie.stewart-smith@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

8. Regulations amending the Canadian Aviation Regulations (Lightweight Data Recorders)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

There have been accidents involving small aircraft that are not required to be equipped with flight data recorders or lightweight data recorders under the current Canadian Aviation Regulations.

The Transportation Safety Board of Canada has issued several recommendations related to the implementation of lightweight data recorders on-board small aircraft to promote aviation safety. As a result, Transport Canada has been actively working with our stakeholders to address this issue.

On April 26, 2018, the Transportation Safety Board of Canada made recommendation A18-01 which states:

“The Department of Transport require the mandatory installation of lightweight flight recording systems by commercial operators and private operators not currently required to carry these systems.”

Potential impacts on Canadians, including businesses

The proposed regulatory changes would apply to Canadian:

  • air operators
  • air carriers
  • manufacturers

Transport Canada will assess the impacts on businesses as part of the regulatory development process.

Regulatory cooperation efforts (domestic and international)

This proposal would harmonize current regulatory requirements with the requirements established in International Civil Aviation Organization, annex 6, which calls for the mandatory insulation of these devices into newly certified aircraft and recommends their installation in newly manufactured aircraft.

Consultations

Transport Canada expects to consult stakeholders through the Canadian Aviation Regulation Advisory Council in 2021 and plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

9. Regulations amending the Canadian Aviation Regulations (Helicopters/Rotorcraft)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

The proposed regulatory amendments to the Canadian Aviation Regulations would ensure Transport Canada remains a world-class regulator and continues to drive the Canadian economy. It is part of TC’s carefully considered transformation strategy that has been launched to modernize the way programs and services are delivered to better serve Canadians.

As part of this transformation strategy, Transport Canada launched the Aviation Safety Regulatory Review Initiative to modernize the Canadian Aviation Regulations.

The proposed changes to the Regulations seek to:

  • Ensure that requirements related to entering and leaving a helicopter in flight across all commercial flight operations are applied consistently.
  • Harmonize with the regulations of the Federal Aviation Administration for requirements governing straight in approaches with the use of enhanced flight safety systems.
  • Respond to outstanding Standing Joint Committee for the Scrutiny of Regulations concerns with regulatory requirements governing aerodromes, airports and heliports.

Potential impacts on Canadians, including businesses

The proposed changes would apply to helicopter and heliport operators. Transport Canada will assess the impacts on businesses as part of the regulatory development process.

Regulatory cooperation efforts (domestic and international)

This proposal would harmonize current regulatory requirements with the Federal Aviation Administration with respect to the requirement to have a system to warn the flight crew when the aircraft is not properly configured for take-off. It will also harmonize the requirements governing straight in approaches with the use of enhanced flight safety systems.

Consultations

Transport Canada used the Let’s Talk Modernizing the Canadian Aviation Regulations webpage as a tool to consult broadly with industry and the Canadian public on the irritants related to the heliports and rotorcraft file. A “What we Heard” Report was published in September 2020.

Transport Canada will host a series of multi-disciplinary task team meetings, consisting of regional and headquarters subject matter experts as well as industry subject matter experts. The task team will provide a horizontal analysis of the irritants to help inform the way forward.

Transport Canada will distribute a Notice of Proposed Amendment through the Canadian Aviation Regulation Advisory Council process to seek further feedback from affected stakeholders on the proposed changes.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

10. Regulations amending the Canadian Aviation Regulations (Part IV, VI and VII - Personal Training, Qualification and Licensing)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

The proposed regulatory amendments to the Canadian Aviation Regulations would ensure Transport Canada remains a world-class regulator and continues to drive the Canadian economy. It is part of TC’s carefully considered transformation strategy that has been launched to modernize the way programs and services are delivered to better serve Canadians.

As part of this transformation strategy, Transport Canada launched the Aviation Safety Regulatory Review Initiative to modernize the Canadian Aviation Regulations.

Within the scope of the Regulatory Review initiative, this package includes irritants that stakeholders told Transport Canada about from:

  • Part IV, VI and VII in the 2015/2016 work
  • Notices of Proposed Amendments from 1999-2015
  • The 2013 Fletcher report
  • Let’s Talk submissions
  • Fall 2018 Treasury Board survey published in Canada Gazette, Part I

This package will be focused on updating training and licensing requirements to better reflect technological advances, relieve administrative burden and modernize supporting materials.

Potential impacts on Canadians, including businesses

The proposed regulatory changes would apply to all pilots. Transport Canada will assess the impacts as part of the regulatory development process.

Regulatory cooperation efforts (domestic and international)

Transport Canada has committed to a regulatory modernization initiative, as part of Government of Canada’s Budget 2018 commitment. This proposal will help Transport Canada modernize the Regulations by making them less rigid and creating flexibility for stakeholders.

Consultations

Transport Canada has used the Let’s Talk Modernizing the Canadian Aviation Regulations webpage as a tool to consult broadly with industry and the Canadian public. A “What we Heard” Report was published November 2020.

A multi-disciplinary task team call out was issued through the Canadian Aviation Regulation Advisory Council in early February, 2021.

That call out resulted in a series of multi-disciplinary task team meetings hosted by Transport Canada. The task teams consisted of regional and headquarters subject matter experts as well as industry subject matter experts. The task team provided a horizontal examination of the irritants to inform the way forward.

Transport Canada will also distribute Notices of Proposed Amendments through the Canadian Aviation Regulation Advisory Council process to seek further feedback from affected stakeholders on the proposed changes.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in mid-2022 with a 30-day comment period.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

11. Regulations amending the Canadian Aviation Regulations (Approach Ban)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

The proposed regulatory amendments to the Canadian Aviation Regulations would implement prescribed approach visibility minima nationally. Introducing prescribed approach visibility minima in Canada will work to address several Transportation Safety Board recommendations, and would achieve safety benefits that are applicable to all operations in Canada. This national approach would allow for a clearer, simpler set of rules for all operators in Canada, while further aligning with International Civil Aviation Organization and international partners.

Potential impacts on Canadians, including businesses

Proposed changes to the approach ban regulations would impact a number of stakeholders. Transport Canada has identified the following potential impacts on stakeholders so far, and understands that stakeholders may identify further impacts as the initiative progresses. Potential impacts may include, but are not limited to:

  • Air Navigation Service Providers – costs of publishing updated aerodrome/airport visibility minima;
  • Canadian commercial air operators, private operators and general aviation pilots – costs to revise their procedures with respect to approach in low visibility conditions;
  • Canadian aerodrome/airport operators – costs to voluntarily provide or upgrade their facilities/systems should they wish to marginally lower their published prescribed visibility by upgrading to high intensity approach lighting.
  • Canadian commercial air operators holding special authorizations under Subparts 703, 704 or 705 of the Canadian Aviation Regulations – will no longer be eligible for up to a 50% reduction in published visibility minima. They will be required to adhere to the same visibility minima as other international operators;
  • Canadian commercial pilots – reduced pilots work load in determining the actual minima for an approach due to simplified approach criteria;
  • General Aviation pilots who conduct instrument approach procedures
  • The travelling public – enhanced safety margins during flights in lower visibility conditions;
  • Aviation industry – harmonized regulations with other civil aviation authorities

Regulatory cooperation efforts (domestic and international)

Implementing a prescribed visibility minima requirements nationally will harmonize Canada with the International Civil Aviation Organization standard, which has been adopted by most civil aviation authorities worldwide, including the United States Federal Aviation Administration and the European Aviation Safety Agency.

Consultations

A Preliminary Issue and Consultation Assessment was shared through Canadian Aviation Regulation Advisory Council for a 2-month consultation period (November 23, 2017, to January 22, 2018). Comments were received from NAV Canada (Air Transport Association of Canada, ACPA Air Canada Pilot’s Association, Northern Air Transport Association, Helicopter Association of Canada, National Airlines Association of Canada, and the United States Federal Aviation Administration). Transport Canada led a 2- hour, participatory discussion on this topic with industry representatives on November 16, 2020. A Notice of Proposed Amendments will be released in 2021, and Transport Canada plans to formally consult stakeholders on the Notice of Proposed Amendments through the Canadian Aviation Regulation Advisory Council.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2021

Initiative(s) planned for Canada Gazette, Part II

12. Regulations amending the Canadian Aviation Regulations (Parts I, III and VI – Runway end safety area)

Enabling act

Aeronautics Act (R.S.C, 1985, c. A-2)

Description

The proposed regulatory amendments to the Canadian Aviation Regulations will introduce requirements at select airports to meet the physical characteristics for runway end safety area. Runway end safety areas would increase safety for planes taking-off and landing from runways.

The overall goals of the proposed changes are to:

  • increase safety for the travelling public and crews
  • to address a Transportation Safety Board (TSB) recommendation
  • to better align Canada’s regulatory framework with international standards

Impacts on Canadians, including businesses

The proposed regulatory changes would apply to Canadian airports with an annual passenger volume of at least 325,000 passengers. These airports would have to extend their current safety area from 60 m to 150 m at the ends of runways serving scheduled commercial passenger flights.

Regulatory cooperation

The proposed amendments would align with the International Civil Aviation Organization’s Standards and Recommended Practices.

Consultations

Transport Canada formally consulted stakeholders about the policy in 2010 and 2016 through the Canadian Aviation Regulation Advisory Council.

Transport Canada published the proposed changes in the Canada Gazette, Part I, on March 7, 2020, with an initial30-day public comment period, which was subsequently extended until May 8, 2020, due to the COVID-19 pandemic.

Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in late-2021.

Contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2017

13. Regulations amending the Canadian Aviation Regulations (Various Subjects, 2021)

Enabling act

Aeronautics Act (R.S.C, 1985, Cc. A-2)

Description

The proposed regulatory amendments to the Canadian Aviation Regulations would address issues raised over the past years by the Standing Joint Committee for the Scrutiny of Regulations pertaining to various sections of the Canadian Aviation Regulations. Transport Canada is proposing one single change to respond to the issues.

Moving forward with the proposed changes will improve the overall civil aviation regulatory framework and more specifically address the Standing Joint Committee for the Scrutiny of Regulations’ concerns about:

  • legal name terminology
  • grid maps and airport wildlife management plans (Subpart 302 of the Regulations)
  • the required level of knowledge demonstrated in an interview with the Minister by:
    • the maintenance manager (Subparts 702, 703, 704, 705 of the Regulations)
  • person responsible for maintenance (Subpart 573 of the Canadian Aviation Regulations) person responsible for the maintenance control system (Subparts 406, 706 Regulations) authority to remove aircraft from operations (subparts 406, 700 and 706 of the Canadian Aviation Regulations) the first level of interference with a crew member (Subpart 705 of the Canadian Aviation Regulations)

The proposed changes will help clarify the intent of the regulations, and make the language used in the regulations more consistent.

This regulatory proposal will also codify exemption NCR-135-2020 (Subpart 700).

Potential impacts on Canadians, including businesses

Transport Canada expects that these proposed changes will have a low impact on Canadians. Transport Canada will continue to assess the impacts on businesses as the regulations are being developed.

Regulatory cooperation efforts (domestic and international)

Transport Canada has committed to a regulatory modernization initiative, as part of Government of Canada’s Budget 2018 commitment. This proposal will support our work to modernize the Regulations by making the regulations more flexible.

Consultations

A Notice of Proposed Amendment (NPA 2020-019) was distributed to stakeholders on January 12, 2021. Stakeholder comments are requested in writing to CARRAC@tc.gc.ca no later than March 9, 2021, through the Canadian Aviation Regulation Advisory Council.

Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in mid-2022.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

14.Regulations amending the Canadian Aviation Regulations (Part VI and VII - Training Programs)

Enabling act

Aeronautics Act (R.S.C, 1985, Cc. A-2)

Description

The proposed regulatory changes to the Canadian Aviation Regulations would grant Transport Canada with authority to order modifications to any part of a ground and flight training program.

These changes would address an identified gap whereby Transport Canada is presently incapable of requiring operators to comply with additional and/or supplemental training specifications, laid out in documents, such as:

  • Transport Canada Civil Aviation Oversight Advisory Board reports,
  • Transport Canada Operational Evaluation Board Reports,
  • Updated standards from the Original Equipment Manufacturer, or
  • Training requirements imposed by other Civil Aviation Authorities.

Transport Canada does not require full compliance and permits air carriers to operate with a high degree of discretion in implementing and subsequently amending training programs, as new information and/or requirements come to light, following certification of these programs. This regulatory gap exists for all commercial operators; therefore, this proposal extends to all of Part VII, and section 604, of the Canadian Aviation Regulations.

Should it be determined that an air operator’s training program (required by the Canadian Aviation Regulations) does not contain the competencies for each person who receives training to successfully perform their assigned duties, the amendments would allow Transport Canada to notify an air operator of: (1) the corrective actions the air operator must implement into its training program; and (2) the date by which the air operator must submit its amended training program to the Department of Transport.

Potential impacts on Canadians, including businesses

Transport Canada does not expect any major impacts to Canadians.

There are no associated impacts on businesses as air operators and private operators are already required to establish and maintain training programs.

Regulatory cooperation efforts (domestic and international)

Transport Canada does not expect these changes to affect regulatory cooperation efforts.

The United Sates Federal Aviation Administration has a similar provision in place. Therefore, these regulatory amendments will harmonize Canada with provisions currently in place in the United States Code of Federal Regulations.

Consultations

All Operators were consulted via a Notice of Proposed Amendments, published online, and distributed through the Canadian Aviation Regulation Advisory Council with a 51-day comment period, ending July 30, 2021. One comment was received from a 705 association in support of the initiative. Follow-up communication was later issued to several industry organizations representing 702, 703 and 704 operators. No concerns were raised as the proposed amendments do not require any immediate action by Canadian air operators and/or private operators.

For this reason, Transport Canada was granted an exemption from Canada Gazette, Part I, and plans to publish the proposed changes in the Canada Gazette, Part II, in early 2022.

Departmental contact information

Sandra Miller
Acting Director, Aviation Safety Regulatory Affairs Branch Civil Aviation
Transport Canada
Telephone: 613-720-0242
Email: sandra.miller@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: November 2021