No. H033/05
For release March 14, 2005

PROPOSED NEW 
REGULATIONS FOR BUSINESS AVIATION

OTTAWA - Transport Minister Jean-C. Lapierre today announced proposed amendments to the Canadian Aviation Regulations that would allow the Canadian Business Aviation Association to establish a new approach to safety oversight for private operators of business aircraft.

Business aircraft operation is non-fare paying and is not offered to the Canadian public. Many businesses operate their own aircraft to transport their own employees or employees from companies under the same corporate umbrella.

The proposed amendments would enable the association to certify privately operated aircraft and to monitor their activities. Under the proposed system, Transport Canada would retain regulatory responsibility and operators would still be required to meet all applicable regulations and standards. These include general flight rules such as visual and instrument flight rules; weather, weight and balance and airworthiness standards; and licensing and medical requirements. The department would also continue to audit the association and its systems, procedures and processes.

"Transport Canada is committed to making effective use of all available modern approaches to maintain and enhance the safety of the Canadian transportation system," said Mr. Lapierre. "The new safety oversight system for business aviation provides the Canadian Business Aviation Association with additional flexibility and the potential for operators to play a more direct role in managing their own safety systems."

The proposed amendments would also allow operators to develop training programs, operating procedures and related manuals that are suited to their individual operations. Within the first year, the association would conduct a safety management system audit of each operator.

Transport Canada has been working with the Canadian Business Aviation Association to develop a performance-based approach to safety for the business aviation sector, one that would provide a level of safety equal to or better than the current program. The business aircraft sector includes private company operators and does not include commercial operations.

The Canadian Business Aviation Association was established in 1962 to represent the interests of business aircraft owners and operators. It has made a substantial contribution to numerous regulatory and operational issues.

The proposed regulations were published in the Canada Gazette Part I on March 12, 2005. Interested parties have 30 days to comment.

A backgrounder on business aviation safety is attached.

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BACKGROUNDER

BUSINESS AVIATION SAFETY

Many business corporations operate their own aircraft for the transportation of their employees or employees from companies under the same corporate umbrella. This type of aircraft operation is non-fare paying and is not offered to the Canadian public. Although business air operations are not available to the public at large, the sophistication of the aircraft being operated has led to the need for regulation under dedicated sections of the Canadian Aviation Regulations. Canada is the only country to impose these additional requirements on this segment of aviation.

Transport Canada has proposed regulations to allow the Canadian Business Aviation Association, which represents the interests of many business aircraft owners and operators, to issue certificates of operation for Canadian privately operated aircraft and to monitor their activities.

Under the proposed system, Transport Canada would retain regulatory responsibility and operators would still be required to meet all applicable regulations and standards. These include general flight rules such as visual and instrument flight rules; weather, weight and balance, and airworthiness standards; and licensing and medical requirements.

Under the existing regulations, Transport Canada certifies private operators and conducts inspections and audits. With the new proposed requirements, the association would certify the operator, with Transport Canada providing oversight and guidance.

The department would also continue to audit the association and its systems, procedures and processes. Private operators would still be required to meet all applicable Transport Canada safety regulations and standards.

This innovative approach to safety in the business aircraft sector combines effective regulation, with enhanced responsibility for safety systems within this community. The business aviation sector has an enviable safety record. Transport Canada has been working with the Canadian Business Aviation Association for several years to develop an appropriate safety oversight program, one that would provide for an equal level of safety to the program already in place.

This new system will expedite the implementation of safety management systems — a proactive performance-based approach to safety — in the business aviation sector. This approach allows operators to develop training programs, operating procedures and related manuals that are suited to their individual operations. Within the first year of implementation, the association would conduct a safety management system audit to verify operations.

As a result, Transport Canada will be able to redirect resources currently related to business operations to higher risk aviation operations. The department is confident this approach will maintain and enhance the level of safety for this sector of the aviation industry. Transport Canada is committed to making effective use of all available modern approaches to maintain and enhance the safety of the Canadian transportation system.

March 2005