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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2019-06-20 and last amended on 2019-06-14. Previous Versions

Part VIII — Air Navigation Services (continued)

SUBPART 5 — Safety Management System (continued)

Quality Assurance Program

  •  (1) The quality assurance program required under paragraph 107.03(g) in respect of an applicant for, or a holder of, an ATS operations certificate shall include a process for quality assurance that includes periodic reviews or audits of the activities authorized under a certificate and reviews or audits, for cause, of those activities.

  • (2) The holder of an ATS operations certificate shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the policies and procedures specified in the manual or document established under subsection 805.02(2).

  • (3) The holder of an ATS operations certificate shall establish an audit system in respect of the quality assurance program that consists of the following:

    • (a) an initial audit conducted within 12 months after the day on which the ATS operations certificate is issued;

    • (b) an audit of the entire quality assurance program carried out every three years, calculated

      • (i) in the case of an ATS operations certificate issued before January 1, 2008, from that date, and

      • (ii) in the case of an ATS operations certificate issued on or after January 1, 2008, from the date of the initial audit;

    • (c) checklists of all activities carried out under the certificate;

    • (d) a record of each occurrence of compliance or non-compliance with the manual or any other document established under subsection 805.02(2) that is found during an audit referred to in paragraph (a) or (b);

    • (e) procedures for ensuring that each finding of an audit is communicated to the accountable executive;

    • (f) follow-up procedures for ensuring that corrective actions are effective; and

    • (g) a system for recording the findings of an audit referred to in paragraph (a) or (b), corrective actions and follow-ups.

  • (4) The audit referred to in paragraph (3)(b) shall be carried out in one of the following ways:

    • (a) as a complete audit, or

    • (b) as a series of audits conducted at intervals determined by the holder of the ATS operations certificate and set out in the manual or document established under subsection 805.02(2).

  • (5) The records resulting from a system required under paragraph (3)(g) shall be retained for the greater of

    • (a) two audit cycles, and

    • (b) two years.

  • (6) The duties related to the quality assurance program that involve specific tasks or activities among the activities of an ATS operations certificate holder shall be fulfilled by persons who are not responsible for carrying out those tasks or activities unless

    • (a) the size, nature and complexity of the operations and activities authorized under the ATS operations certificate justify the fulfilling of those duties by the person responsible for carrying out those tasks or activities;

    • (b) the holder of the ATS operations certificate demonstrates to the Minister by means of a risk analysis, that the fulfilling of those duties by the person responsible for carrying out those tasks or activities will not result in an unacceptable risk to aviation safety; and

    • (c) the holder of the ATS operations certificate provides the Minister, in writing, with the information required under paragraphs (a) and (b).

  • SOR/2007-290, s. 13
  • SOR/2019-122, s. 19

Duties of the Certificate Holder

 The holder of an ATS operations certificate shall ensure that

  • (a) corrective actions are taken in respect of any findings resulting from the safety management system referred to in section 805.01; and

  • (b) the accountable executive performs the duties prescribed in section 805.05.

  • SOR/2007-290, s. 13

Management of the Safety Management System

  •  (1) The accountable executive shall

    • (a) implement a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety;

    • (b) identify hazards and carry out risk management analyses of those hazards;

    • (c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system;

    • (d) implement a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents;

    • (e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents;

    • (f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the holder of the ATS operations certificate; and

    • (g) determine the adequacy of the training required by paragraph 805.02(1)(f).

  • (2) The accountable executive shall, if a finding resulting from a quality assurance program referred to in subsection 805.03(1) or a safety management system referred to in section 805.01 is reported to them,

    • (a) determine what, if any, corrective actions are required and carry out those actions;

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

    • (c) if management functions have been assigned to another person under subsection (3), communicate any determination regarding a corrective action to that person; and

    • (d) notify the certificate holder of any systemic deficiency and of the corrective action taken.

  • (3) The accountable executive may assign the management functions of the safety management system referred to in section 805.01 to another person if the assignment and its scope are described in the manual or document referred to in subsection 805.02(2).

  • (4) The person to whom management functions have been assigned under subsection (3) shall notify the accountable executive of any systemic deficiency and of the corrective action taken.

  • (5) The responsibility and accountability of the accountable executive are not affected by the assignment of management functions to another person under subsection (3).

  • SOR/2007-290, s. 13
  • SOR/2019-122, s. 20

Subpart 6 — Levels of Service

Interpretation

 In this Subpart,

aeronautical study

aeronautical study means a study designed to identify the risks to aviation safety attendant upon a particular course of action and to determine how to eliminate or reduce those risks; (étude aéronautique)

level of service

level of service means the type or nature of civil air navigation services provided to support safe and efficient aircraft operations, and includes the times at which the services are provided. (niveau de service)

  • SOR/2019-119, s. 46

Maintenance of Level of Service

  •  (1) Every person who provides a civil air navigation service shall, where the person proposes to terminate the service or to reduce the level of service that is provided, notify the Minister

    • (a) in the case of a proposal to terminate the service or to materially reduce the level of service, at least 60 days before the termination or reduction; and

    • (b) in all other cases, as far in advance of the reduction as reasonably practicable.

  • (2) On receipt of a notice referred to in subsection (1) from the ANS Corporation, the Minister may request the ANS Corporation to conduct an aeronautical study for the purpose of demonstrating that the risk to aviation safety would not be unacceptably increased by the proposed termination or reduction in the level of service.

  • (3) Where the Minister requests the ANS Corporation to conduct an aeronautical study pursuant to subsection (2), the ANS Corporation shall not implement the proposed termination or reduction in the level of service until the Minister has been provided with a copy of the study and has had a reasonable opportunity to review it.

  • (4) Where, after reviewing an aeronautical study conducted pursuant to subsection (2), the Minister is of the opinion that an unacceptable risk to aviation safety would result from the proposed termination or reduction in the level of service, the Minister may, by order, direct the ANS Corporation to maintain its level of service in accordance with the terms and conditions specified in the order.

 
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