Whereas the annexed Interim Order Respecting Certain Training Requirements (B-737-8 and Other Aircraft) is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to section 4.9Footnote a, paragraphs 7.6(1)(a)Footnote b and (b)Footnote c and section 7.7Footnote d of the Aeronautics ActFootnote e;
And whereas, pursuant to subsection 6.41(1.2)Footnote f of that Act, the Minister of Transport has consulted with the persons and organizations that that Minister considers appropriate in the circumstances before making the annexed Order;
Therefore, the Minister of Transport, pursuant to subsection 6.41(1)Footnote f of the Aeronautics ActFootnote e, makes the annexed Interim Order Respecting Certain Training Requirements (B-737-8 and Other Aircraft).
Ottawa, January 18, 2021
Le ministre des Transports,
Omar Alghabra
Minister of Transport
Interim Order Respecting Certain Training Requirements (B-737-8 and Other Aircraft)
Definitions and Interpretation
Definitions
1 (1) The following definitions apply in this Interim Order.
B-737-8 means a model 737-8 aircraft built by Boeing in accordance with type certificate A-146. (B-737-8)
Regulations means the Canadian Aviation Regulations. (Règlement)
Interpretation
(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.
Conflict
(3) In the event of a conflict between this Interim Order and the Regulations, this Interim Order prevails.
Application
Persons
2 This Interim Order applies to each of the following persons:
- (a) a private operator;
- (b) an air operator that is the holder of an air operator certificate issued under Subpart 5 of Part VII of the Regulations; and
- (c) a flight crew member who has been assigned duties with respect to an aircraft operated by an operator referred to in paragraph (a) or (b), or any other person acting in that capacity.
Training Requirements and Prohibition
Operational evaluation report — training program
3 An air operator that operates a B-737-8 must ensure that
- (a) the training requirements set out in sections 9.2.1.1, 9.2.1.5, 9.2.2.4, 9.2.2.5, 9.2.2.6, 9.2.2.7, 9.6 and 10.5 and Appendix 7 of the Operational Evaluation Report — Boeing 737, Revision 1, published by the Department of Transport on December 17, 2020, are incorporated into the air operator’s training program required by section 705.124 of the Regulations; and
- (b) the amended training program is submitted to the Minister for the approval referred to in paragraph 705.124(1)(b) of the Regulations.
Prohibition — B-737-8
4 Despite paragraph 705.106(3)(a) of the Regulations, an air operator must not permit a person to act and a person must not act as the pilot-in-command or second-in-command on board a B-737-8 for the operation of a training, ferry or positioning flight unless the person has successfully completed training in respect of the requirements referred to in paragraph 3(a) of this Interim Order that have been incorporated into the air operator’s training program.
Notice from Minister
Training program
5 (1) If the Minister determines that a private operator’s training program required by section 604.166 of the Regulations or an air operator’s training program required by section 705.124 of the Regulations does not contain the competencies required for the flight crew to perform their assigned duties, the Minister must notify the private operator or the air operator of the corrective actions that the private operator or the air operator is required to implement into its training program, and
- (a) in the case of a private operator, the date by which the private operator must implement the corrective actions into its training program; or
- (b) in the case of an air operator, the date by which the air operator must submit its amended training program to the Minister for approval under paragraph 705.124(1)(b) of the Regulations.
Implementation or submission to Minister
(2) A private operator must implement the corrective actions by the date specified by the Minister under paragraph (1)(a), and an air operator must submit its amended training program to the Minister by the date specified by the Minister under paragraph (1)(b).
Designated Provisions
Designation
6 (1) The provisions of this Interim Order set out in column 1 of the schedule are designated as provisions the contravention of which may be dealt with in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.
Maximum amounts
(2) The amounts set out in column 2 of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provision set out in column 1.
Notice
(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify
- (a) the particulars of the alleged contravention;
- (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
- (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
- (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
- (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.
SCHEDULE
(Subsections 6(1) and (2))
Designated Provisions
| Column 1 Designated Provision |
Column 2 Maximum Amount of Penalty ($) |
|
|---|---|---|
| Individual | Corporation | |
| Paragraph 3(a) | 3,000 | 15,000 |
| Paragraph 3(b) | 3,000 | 15,000 |
| Section 4 | 5,000 | 25,000 |
| Subsection 5(2) | 3,000 | 15,000 |