Airworthiness Notices - A005, Edition 3 - 17 November 1998

Canadian Aviation Regulation Advisory Council

(This Airworthiness Notice supersedes AN No. A005 Edition 2,)
(dated 31 January 1997)

 1.0 General

This notice provides updated information about the Transport Canada Civil Aviation regulatory consultation process and announces the availability of an Internet World Wide Web site.

1. The name of the advisory process is the “Canadian Aviation Regulation Advisory Council” (short title:  CARAC).
2. The Director General, Civil Aviation (DGCA) is the sponsor of CARAC.
3. The effective date of the Council is 1 July 1993.

2.0 Introduction

The former rulemaking process in Transport Canada (TC) was highlighted by extensive processing and approval delays and was viewed by the aviation community as lacking public access and participation.  There was also a need to bring the various rulemaking proposals to the notice of senior management at an earlier stage and to facilitate harmonization with other national aviation jurisdictions.

The Canadian Aviation Regulation Advisory Council (CARAC) addresses these issues.  CARAC forms part of the renewed approach to consultation and rulemaking designed to improve Transport Canada’s civil aviation rulemaking process.

Part I of the Canadian Aviation Regulations (CARs) requires that any standards that are made by TC, for incorporation by reference into the CARs, be subject to consultation with interested persons before they are made.  The consultation must be conducted in accordance with the procedures set out in the CARAC Management Charter and Procedures (TP 11733).

3.0 Governing Principles

CARAC is a joint undertaking of government and the aviation community.  Participation includes a large number of organizations outside Transport Canada, selected as representing the overall viewpoint of the aviation community.  These include operators and manufacturers, with management and labour represented, professional associations and consumer groups.

In the conduct of its activities, CARAC follows the objectives of the Regulatory Policy published by the Regulatory Affairs Directorate of Treasury Board.  The main theme of this document is to foster ongoing participation and consultation with the regulated aviation community.

All recommendations for change to the aviation regulatory system must be made with a view to maintaining or improving aviation safety in Canada.  New proposals are judged on the safety and efficiency that would result from their implementation.

Each CARAC member organization is represented by a delegate, appointed by the member organization, who is authorized by the member organization to act on its behalf.  In addition, each member organization may designate one or more alternates for its appointed delegate.

4.0 Objective

CARAC's prime objective is to assess and recommend potential regulatory changes through cooperative rulemaking activities, and is accomplished as follows:

(a) Various Technical Committees have been established to provide advice, recommendations, as well as draft rules, to the Civil Aviation Regulatory Committee (CARC) concerning the full range of TC's rulemaking mandate.

(b) CARAC also affords TC additional opportunities for exchanging ideas, information and insight with industry in respect of proposed rules and existing rules that may require revision or revocation.  This advice results in the development of better rules in less overall time.

Notwithstanding the above, CARAC activities do not replace the public rulemaking procedures mandated by the Regulatory Affairs Directorate of Treasury Board.  Formal consultation on proposed regulations through the Canada Gazette, Part I continues.  However, it is anticipated that by seeking the aviation community's input at the early stages of rulemaking, many of the delays previously experienced will be eliminated.

5.0   Organization Structure

Civil Aviation Regulatory Committee (CARC)

The CARC, composed of Transport Canada Safety and Security senior executives, identifies and prioritizes regulatory issues, and considers and directs the implementation of recommendations made to it.  The CARC also provides advice and recommendations to the Transport Canada Assistant Deputy Minister, Safety and Security.

Technical Committees

Technical Committees, with representation from both Transport Canada and the aviation community, review and analyze the issues assigned by the CARC and make regulatory recommendations.

The mandate of a Technical Committee is to provide advice, recommendations and, if required, draft rules with respect to regulatory issues under the written mission statement provided by the CARC. There are ten standing Technical Committees, that generally relate to the Canadian Aviation Regulations Parts I to VIII, as follows:

Note 1: The Maintenance & Manufacturing Technical Committee is also responsible for all maintenance & manufacturing regulations and standards within Parts IV, VI & VII.

Note 2: The Commercial Air Service Operations Technical Committee is also responsible for the Private Operator Passenger Transportation regulations and standards within Part VI.

Note 3: The Air Navigation Services & Airspace Technical Committee is also responsible for the Airspace regulations and standards within Part VI.

In addition to the activities assigned to these Technical Committees, the CARC will also consider requests for the establishment of other Technical Committees to advise on regulatory issues that relate to other or more specific subject areas, or which do not fall within the mandate of industry or government/industry committees already established.  Such requests should be made in writing and may be submitted to the CARAC Secretariat (see section 9.0“Information” for the address) or to the CARC Chair at the following address:

Transport Canada Safety and Security
Attn: Director General, Civil Aviation
(AAR)
Ottawa, Ontario   K1A 0N8

Working Groups

Working Groups composed of specialists representing both government and the aviation community develop proposals and recommendations for the assigned tasks, and implement those that are approved. Working Groups are formed by, and report to, Technical Committees, as required, and are limited to the period required to complete the assigned task.

Secretariat

A Secretariat has been established and is responsible for the management of CARAC, on behalf of the Civil Aviation Regulatory Committee (CARC).

6.0 Project Resources

Apart from the full-time Secretariat, resource support is solicited from within Transport Canada and the aviation community, as required.  Participation of individuals is sought through contact with the CARC and Technical Committees.  Agreements are negotiated with the nominees' parent organizations with regard to the area of assignment, role and responsibilities, and the duration of the assignment.

Costs incurred by organizations outside Transport Canada are expected to be borne by those organizations. However, Transport Canada will provide, where available, meeting facilities and secretarial support such as record keeping.

7.0 Requests for Regulatory Action

The following information is required when requesting a regulatory change proposal (refer to the Appendix for the suggested format):

• the file number of the request;
• the regulatory reference;
• the subject title;
• the name of the petitioner;
• a description of the general nature of the request;
• a justification (as presented in the request for instituting rule-making procedures);
• the current text; and
• the proposed new regulatory text to meet intent of the change (where possible).

8.0 Communication and External Relationships

Comprehensive and timely communications are to be given top priority.  The extensive participation of representatives from the aviation community and from within Transport Canada in every facet of CARAC ensures a high level of communication with the aviation community.

The Secretariat's communication strategy includes:

Distribution of bulletins, newsletters and reports, as required; and An Internet World Wide Web (WWW) site.  The CARAC WWW site can be viewed by accessing the Transport Canada home page at:

www.tc.gc.ca

Periodic updates on the activities of the CARAC will be published as A.I.P. Canada Aviation Notices.

9.0 Information

The information presented herein is published in greater detail in, CARAC Management Charter and Procedures (TP 11733E).  People interested in becoming CARAC members or wishing to obtain more information concerning the Canadian Aviation Regulation Advisory Council may contact:

Transport Canada
Attn: Chief, Regulatory Affairs (AARBH)
Ottawa, Ontario   K1A 0N8

Tel:    (613) 990-1184
Fax:   (613) 990-1198

ForMinister of Transport

K.J. Mansfield
Director, Aircraft Certification

Appendix

 Requests for Regulatory Action
Technical Committee Agenda Item

Description:

Justification for Change:

Current Regulatory Text:

Text of Proposed Regulatory Change: