Canadian Aviation Regulations (SOR/96-433)

Distribution

• 604.198 (1) A private operator shall provide a copy of its operations manual and a copy of every amendment to that manual to every member of its personnel who is involved in the private operator’s operations.

• (2) Every person who has been provided with a copy of an operations manual under subsection (1) shall keep it up to date by inserting in it the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.

• (3) Despite subsection (1), instead of providing every crew member with a copy of its operations manual and a copy of every amendment to that manual, a private operator may keep an up-to-date copy of the appropriate parts of that manual in each aircraft that it operates.

[604.199 to 604.201 reserved]

Division XII — Safety Management System

Prohibition

604.202 No private operator shall conduct flight operations unless it has a safety management system that meets the requirements of section 604.203.

Components of the Safety Management System

• 604.203 (1) Subject to subsection (2), the private operator’s safety management system shall include the following components:

  • (a) a statement of the overall objectives that are to be achieved by the safety management system;

  • (b) a safety management plan that

    • (i) specifies the duties that are assigned to the private operator’s personnel in respect of the safety management system,

    • (ii) sets out performance goals for the safety management system and a means of measuring the attainment of those goals,

    • (iii) sets out a policy for the internal reporting of aviation-safety-related hazards, incidents and accidents, including the conditions, if any, under which personnel will be protected from disciplinary action,

    • (iv) describes the relationship between the components of the safety management system, and

    • (v) sets out procedures for involving personnel in the establishment of the safety management system;

  • (c) a safety oversight program that includes

    • (i) procedures for managing aviation-safety-related incidents, including their investigation and analysis,

    • (ii) procedures for identifying and managing aviation-safety-related hazards, including the monitoring and risk profiling of those hazards,

    • (iii) a reporting and data collection system for collecting and communicating information relating to aviation-safety-related hazards and incidents that

      • (A) uses a record-keeping system to monitor and analyze aviation safety trends,

      • (B) includes a means of communicating with persons who report issues relating to the safety management system or aviation safety,

      • (C) is capable of generating progress reports for the person responsible for the functional area at intervals that the person determines, and

      • (D) is capable of generating other reports in urgent cases,

    • (iv) procedures for investigating and analyzing aviation-safety-related hazards, incidents and accidents that

      • (A) take into account human, environmental and supervisory factors and organizational elements,

      • (B) make it possible to make findings as to root causes and contributing factors, and

      • (C) make it possible to communicate the findings to the operations manager,

    • (v) risk management analysis procedures that include

      • (A) an analysis of aviation-safety-related hazards,

      • (B) a risk assessment based on risk criteria, and

      • (C) a risk control strategy,

    • (vi) corrective action procedures

      • (A) for determining what corrective actions are necessary, if any, and for carrying out those actions,

      • (B) for keeping a record of any determination made under clause (A) and the reason for that determination, and

      • (C) for monitoring and evaluating, in accordance with the quality assurance program referred to in section 604.206, the effectiveness of any corrective action carried out under clause (A),

    • (vii) procedures for disseminating to personnel, with the approval of the private operator, the following aviation-safety-related information:

      • (A) information relating to an incident,

      • (B) information relating to a hazard analysis, and

      • (C) information relating to the results of a review or audit, and

    • (viii) procedures for sharing, with any person with whom the private operator exchanges services, any information relating to aviation safety;

  • (d) procedures for

    • (i) ensuring that all procedures relating to the safety management system are recorded and disseminated to personnel,

    • (ii) managing and keeping all records and documents resulting from the safety management system,

    • (iii) ensuring that records and reports relating to the safety management system are retained for at least two years, and

    • (iv) reviewing all documents relating to the safety management system and keeping those documents up to date;

  • (e) emergency response procedures that

    • (i) cover all of the activities carried out by the private operator, and

    • (ii) ensure that the duties relating to those procedures are assigned to the appropriate personnel;

  • (f) the quality assurance program referred to in section 604.206; and

  • (g) the process for conducting a review of the safety management system under section 604.207.

• (2) The safety management system of a private operator who has no employees is not required to include the components referred to in the following provisions:

  • (a) subparagraphs (1)(b)(iii) and (v);

  • (b) clause (1)(c)(iii)(B);

  • (c) subparagraph (1)(c)(vii);

  • (d) subparagraph (1)(d)(i); and

  • (e) subparagraph (1)(e)(ii).

Duties of Operations Manager

• 604.204 (1) The operations manager shall

  • (a) manage the safety management system;

  • (b) implement the safety management plan referred to in paragraph 604.203(1)(b);

  • (c) implement the safety oversight program referred to in paragraph 604.203(1)(c);

  • (d) implement the procedures referred to in paragraph 604.203(1)(d) in respect of all documents relating to the safety management system;

  • (e) implement the emergency response procedures referred to in paragraph 604.203(1)(e);

  • (f) implement the quality assurance program referred to in section 604.206;

  • (g) ensure that any deficiency identified by the quality assurance program is analyzed to determine its root cause and contributing factors;

  • (h) communicate to the private operator any finding produced by the safety management system in respect of a hazard to aviation safety;

  • (i) share, with any person with whom the private operator exchanges services, any finding produced by the safety management system that is likely to have an adverse effect on aviation safety; and

  • (j) analyze any information relating to aviation safety that is received from any person with whom the private operator exchanges services and take appropriate action to mitigate any hazard to aviation safety.

• (2) When a finding produced by the safety management system is reported to the operations manager, the operations manager shall

  • (a) determine what corrective actions are necessary to address that finding, if any, and carry out those actions;

  • (b) keep a record of any determination made under paragraph (a) and the reason for that determination;

  • (c) if the operations manager has assigned management functions to another person, communicate any determination made under paragraph (a) to that person; and

  • (d) notify the private operator of any deficiency that reduces the effectiveness of all or part of the safety management system, and of the corrective action carried out.