Accountable Executive
Q9. To provide assurance to the accountable executives that this position will not involve the
risk of personal liability, what applicable statutory or regulatory reference is available to substantiate
the statement that any action taken against the accountable executive will not result in personal liability
and that action is taken against the organization?
During the deliberations of the Canadian Aviation Regulations Advisory Council (CARAC) on the concept of
“accountable executive”, Transport Canada Civil Aviation (TCCA) committed to the industry stakeholders that
the position of accountable executive would not involve a risk of personal liability.
The amendment to the Canadian Aviation Regulations (CARs) that came into force on
May 31st, 2005, and was published in the Canada Gazette, Part II on June 15,
2005, introducing the requirements for some certificate holders to appoint an accountable executive and to
establish a safety management system, was drafted in such a way so as to clearly vest the certificate holders
with the responsibility to comply to these new requirements.
None of the designated provisions contained within this amendment apply to the accountable executive.
Although, CAR 106.02(1)(a) stipulates that the accountable executive is accountable on behalf of the
certificate holder for meeting the requirements of the regulations, including the establishment and adherence
to a safety management system, the amendment to the CARs referred to above has been drafted to clearly
establish that the certificate holder is ultimately responsible for ensuring compliance with the new
requirements.
As an example, CAR 573.04(3)(d) indicates that the person responsible for maintenance shall, where a
finding resulting form a quality assurance program established under subsection 573.09(1) or a safety
management system referred to in section 573.30 is reported to them, notify the accountable executive of
any systemic deficiency and of the corrective action taken. In effect, the accountable executive will in turn
notify the certificate holder; however, it is the certificate holder who will be ultimately responsible, as
per CAR 573.03(1)(g) to ensure that corrective actions are taken in respect of any findings resulting
from a quality assurance program or a safety management system.
The regulation requires the certificate holder to notify the Minister of the name of the person who has
been appointed as the accountable executive. This requirement ensures there is a name of a person associated
with the certificate holder accountable for promoting cultural change and managing the risks associated with
the operations conducted under the certificate.
Return to list of questions
|
