Enforcement

Q2. What will Transport Canada's response be when they are advised an employee of a certificate holder has been disciplined (fired) for reporting safety issues?

Each case will have to be taken on its own merit. The first place to start is with the company’s disciplinary policy. Has the company involved their employees in the development of their disciplinary policy?  Does it encourage proactive reporting? Does the company consistently follow their own procedures? Was the action of the employee a wilful act of the non-compliance with regulations and procedures or an honest mistake? It isn’t Transport Canada that needs to answer these questions. The onus rests with the company to demonstrate through their documented policies, procedures and actions that they have a reporting culture that will enable them to manage their risks. If they cannot demonstrate that there is a reporting system in place that helps manage risks, the company does not have an effective SMS in place and they are in non-compliance.

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