EXEMPTION FROM SECTION 705.173 OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

Whereas section 705.171 of the Canadian Aviation Regulations defines the terms “interference with a crew member” as any action or statement set out in the levels listed in section 705.175 by a person on board or about to board an aircraft that distracts or prevents a crew member from the performance of their assigned safety responsibilities (entrave au travail d’un membre d’équipage).

Whereas section 705.171 of the Canadian Aviation Regulations defines the terms “operational personnel” as an air operator’s employees whose duties require that they interact directly with persons on board or about to board an aircraft, and includes crew members, gate and check-in staff and their immediate supervisors. (personnel d’exploitation)

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 Canadian air operators operating under subpart 705 of the Canadian Aviation Regulations (CARs) from the requirements set out in section 705.173 of theCARs, subject to the conditions set out below.

The applicable section of the CARs is set out in Appendix A. That of the Commercial Air Service Standards (CASS) is set out in Appendix B.

PURPOSE

The purpose of this exemption is to exempt Canadian air operators operating under subpart 705 of the CARs from section 705.173 of theCARs that requires the air operator to provide initial and annual training to all operational personnel.

APPLICATION

This exemption applies to Canadian air operators operating under subpart 705 of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

  1. The air operator shall have obtained approval of its unruly passenger and interference with a crew member initial training program at the latest by December 31, 2009.
  2. The air operator shall provide initial training to all operational personnel for the purpose of enabling
    1. the recognition, prevention and management of behaviour that could reasonably be expected to lead to an incident of interference with a crew member;
    2. the recognition, prevention and management of incidents of interference with a crew member; and
    3. the knowledge of post-flight procedures related to incidents of interference with a crew member.
  3. The initial training shall include, as applicable to the duties of the operational personnel, the following topics: 
    1. the air operator’s policy with respect to:
      1. interference with a crew member; and
      2. unruly passengers;
    2. the definitions of:
      1. interference with a crew member
      2. levels of interference
      3. physical and verbal assault,
      4. aggressive behaviour; and
      5. intimidation;
    3. the air operator’s procedures to prevent, manage and protect against interference with a crew member;
    4. the hazards associated with interference with a crew member;
    5. the requirement to deny transporting persons whose actions or statements indicate the person may pose a risk to safety, and the responsibilities of operational personnel associated with this requirement;
    6. the methods and procedures to detect and prevent unruly passenger behaviour, including:
      1. the importance of early detection, intervention and prevention; and
      2. factors that influence behavior, causes and effects;
    7. the air operator’s specific procedures for:
      1. early detection and prevention of a potential incident; and
      2. prevention of the escalation of an incident;
    8. methods of preventing or defusing volatile situations or aggressive behaviour;
    9. techniques and skills to manage conflict;
    10. methods to maintain personal safety during an incident;
    11. resources available when an incident occurs;
    12. the importance, methods and contents of normal and discreet communication between operational personnel:
      1. to prevent boarding an unruly passenger; and
      2. when an incident occurs;
    13. the means and safe application of passenger restraints during incidents, including the safety of the restrained passenger;
    14. specific procedures for dealing with incidents involving:
      1. intimidation, physical and verbal assaults and threatening behaviour towards operational personnel by a passenger or a person about to board an aircraft;
      2. alcohol consumption and smoking on board; and
      3. non-compliance with a crew member’s instructions;
    15. procedures for limiting and controlling passenger access to areas in the vicinity of the flight deck door;
    16. special considerations for multi-cabin aircraft and single cabin aircraft;
    17. special considerations for single flight attendant and multi flight attendant operations;
    18. procedures for gathering evidence at the time of the incident;
    19. procedures on when to report incidents and the responsibilities and procedures for completing written reports;
    20. identification of the factors which may influence the trauma on the operational personnel involved in an incident and the potential post-incident effects;
    21. mechanisms to ensure support to operational personnel who have been affected by a traumatic incident;
    22. identification of the air operator’s support system available to those who may be asked to testify regarding incidents of interference with a crew member;
    23. the role of the legal system including:
      1. the legal authority of the pilot-in-command;
      2. the role of police authorities when on board;
      3. cooperation with police authorities;
      4. information to be included in statements to police authorities;
      5. police authority involvement when an incident occurs on the ground and following an incident that has occurred during flight;
      6. preparation as a witness for legal proceedings following an incident where charges have been laid; and
      7. review of all relevant laws and regulations including those that prohibit smoking on board the aircraft, boarding a passenger who appears to be intoxicated, service of alcohol on board to someone who appears to be intoxicated and acts of violence or disturbance of public peace, such as those contained in the Criminal Code.
  4. The Unruly Passenger and Interference with a Crew Member Annual Training Program shall include, as applicable to the operational personnel’s duties, a review of:
    1. incidents that occurred during the past year;
    2. any changes to procedures that occurred during the past year
    3. the procedures;
    4. the methods of maintaining personal safety;
    5. the methods of preventing or defusing volatile situations or aggressive behaviour;
    6. the techniques and skills to manage conflict; and
    7. the means and safe application of passenger restraints during incidents including the safety of the restrained passenger. 

VALIDITY

This exemption is in effect until the earliest of:

  1. December 31, 2010 at 23:59 EST;
  2. the date on which any condition 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 that it is likely to affect aviation safety.

 

Dated at Ottawa, Canada on this 10th day of July 2009, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by: dated July 10, 2009

Martin J. Eley
Director General
Civil Aviation

 

Appendix A

Canadian Aviation Regulations

705.173 Training

An air operator shall provide initial and annual training to all operational personnel that covers the topics set out in subsection 725.124(54) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards for the purpose of enabling

  1. the recognition, prevention and management of behaviour that could reasonably be expected to lead to an incident of interference with a crew member;
  2. the recognition, prevention and management of incidents of interference with a crew member; and
  3. the knowledge of post-flight procedures related to incidents of interference with a crew member.

Note:  The reference to subsection 725.124(54) may be amended at a later date to 725.124(56).

 

Appendix B

Commercial Air Service Standards

725.124(54) Unruly Passenger and Interference with a Crew Member Training Program

  1. The Unruly Passenger and Interference with a Crew Member Initial Training program shall include as applicable to the duties of the operational personnel: 
    1. the air operator’s policy with respect to:
      1. interference with a crew member; and
      2. unruly passengers;
    2. the definitions of:
      1. interference with a crew member
      2. levels of interference
      3. physical and verbal assault,
      4. aggressive behaviour; and
      5. intimidation;
    3. the air operator’s procedures to prevent, manage and protect against interference with a crew member;
    4. the hazards associated with interference with a crew member;
    5. the requirement to deny transporting persons whose actions or statements indicate the person may pose a risk to safety, and the responsibilities of operational personnel associated with this requirement;
    6. the methods and procedures to detect and prevent unruly passenger behaviour, including:
      1. the importance of early detection, intervention and prevention; and
      2. factors that influence behavior, causes and effects;
    7. the air operator’s specific procedures for:
      1. early detection and prevention of a potential incident; and
      2. prevention of the escalation of an incident;
    8. methods of preventing or defusing volatile situations or aggressive behaviour;
    9. techniques and skills to manage conflict;
    10. methods to maintain personal safety during an incident;
    11. resources available when an incident occurs;
    12. the importance, methods and contents of normal and discreet communication between operational personnel:
      1. to prevent boarding an unruly passenger; and
      2. when an incident occurs;
    13. the means and safe application of passenger restraints during incidents, including the safety of the restrained passenger;
    14. specific procedures for dealing with incidents involving:
      1. intimidation, physical and verbal assaults and threatening behaviour towards operational personnel by a passenger or a person about to board an aircraft;
      2. alcohol consumption and smoking on board; and
      3. non-compliance with a crew member’s instructions;
    15. procedures for limiting and controlling passenger access to areas in the vicinity of the flight deck door;
    16. special considerations for multi-cabin aircraft and single cabin aircraft;
    17. special considerations for single flight attendant and multi flight attendant operations;
    18. procedures for gathering evidence at the time of the incident;
    19. procedures on when to report incidents and the responsibilities and procedures for completing written reports;
    20. identification of the factors which may influence the trauma on the operational personnel involved in an incident and the potential post-incident effects;
    21. mechanisms to ensure support to operational personnel who have been affected by a traumatic incident;
    22. identification of the air operator’s support system available to those who may be asked to testify regarding incidents of interference with a crew member;
    23. the role of the legal system including:
      1. the legal authority of the pilot-in-command;
      2. the role of police authorities when on board;
      3. cooperation with police authorities;
      4. information to be included in statements to police authorities;
      5. police authority involvement when an incident occurs on the ground and following an incident that has occurred during flight;
      6. preparation as a witness for legal proceedings following an incident where charges have been laid; and
      7. review of all relevant laws and regulations including those that prohibit smoking on board the aircraft, boarding a passenger who appears to be intoxicated, service of alcohol on board to someone who appears to be intoxicated and acts of violence or disturbance of public peace, such as those contained in the Criminal Code.
  2. The Unruly Passenger and Interference with a Crew Member Annual Training Program shall include as applicable to the operational personnel’s duties, a review of:
    1. incidents that occurred during the past year;
    2. any changes to procedures that occurred during the past year;
    3. the procedures;
    4. the methods of maintaining personal safety;
    5. the methods of preventing or defusing volatile situations or aggressive behaviour;
    6. the techniques and skills to manage conflict; and
    7. the means and safe application of passenger restraints during incidents including the safety of the restrained passenger. 

 

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