Commercial and Business Aviation Advisory Circulars

National Conflict Resolution Program for Members of the Aviation Industry

INTRODUCTION

This Commercial and Business Aviation Advisory Circular (CBAAC) is intended to advise all clients of the procedures for the application of the National Conflict Resolution Program.

APPLICABILITY

This CBAAC does not address complaints where a formal process already exists, such as through the Civil Aviation Tribunal, or formal complaints about government policy or a regulatory decision. It is meant to be a complementary process to formally address those complaints which have not been resolved through normal lines of communication with Supervisors or Managers. These procedures apply to all Transport Canada Commercial and Business Aviation clients and employees.

DEFINITION

The definition of a complaint for the purpose of this CBAAC is an expression of dissatisfaction with CBA concerning procedures, application of policy, staff or quality of service.

BACKGROUND

A need was identified for resolution of CBA client dissatisfaction with services they receive or believe they should have received. When complaints fail to be resolved by informal means, a formal process is required whereby they are handled in a confidential manner and reviewed by an impartial reviewing officer to ensure that complainants will

1. have their complaint thoroughly reviewed; and
    
2. receive a timely response.

PROCEDURES

The following procedures will form the basis for complaint management.

1. Complaints will be directed to the appropriate Division Chief or Regional Manager of Commercial and Business Aviation.
    
2. The Division Chief or Regional Manager will review the complaint to ensure that the required basic information is included and will acknowledge receipt of the complaint to the originator. If necessary, further clarification will be requested from the originator.
    
3. A Division or Regional representative will be assigned to review the complaint. To the extent possible, the complaint shall be de-identified.
    
4. If the complaint is directed against an individual, the individual shall be informed by the Division Chief or Regional Manager of the substance of the complaint and that a review will be conducted.
    
5. The reviewing officer will interview all personnel who can provide information with respect to the complaint in order to determine the validity of the complaint and to make recommendations towards resolution.
    
6. The Division Chief or Regional Manager will have the final authority on the resolution of the complaint.
    
7. In a case where a complaint is directed against an employee, the Division Chief or Regional Manager will advise the employee of the outcome of the review. Remedial action, if necessary, will be discussed.
    
8. The Division Chief or Regional Manager will prepare a response to the complainant.

Roles and responsibilities

Many complaints occur simply because of weak communication or because of inadequate understanding about the services and policies of Transport Canada. Complaints are dealt with effectively through the support of each person in the process, as outlined below.

Complainant

The complainant, who may be a person(s) or air operator, shall document the complaint with sufficient detail to provide the basis for a review. While this does not mean that documentation is a necessity, it is helpful and should be forwarded with the complaint. Complaints should normally be made in writing but verbal complaints will be accepted if there is sufficient evidence to initiate a review. In the case of a verbal complaint, documentation may be requested or the complainant interviewed.

The following information should be provided in the complaint:

1. the date of the occurrence;
    
2. the name(s) of the party involved;
    
3. the scenario of the occurrence (Audit, Ramp Check, Pilot Proficiency Check (PPC), letter, etc.);
    
4. the names of any witnesses or other parties involved in the occurrence;
    
5. a description of the complaint, with sufficient detail to clearly indicate the nature of the complaint;
    
6. any supporting documentation which is available; and
    
7. the complainant’s name and a means to provide feedback.

Complaints should be sent to:

Transport Canada
Commercial and Business Aviation (Headquarters or Regional Headquarters)
Attn: Division Chief or Regional Manager

Envelopes should be marked "Confidential" or "To be opened only by addressee".

Although every effort will be made to protect the confidentiality of the complainant, in many cases, it will be impossible to fully review a complaint while maintaining total confidentiality. In addition, Transport Canada has no way of protecting information or the identity of the complainant from legal process.

Division Chief or Regional Manager Responsibilities:

1. Will manage the complaint process in accordance with the procedures outlined in this policy;
    
2. maintain a record of complaints and their resolution;
    
3. make the final decision on the disposition of a complaint; and
    
4. manage changes to prevent a reoccurrence.

Reviewing Officer Responsibilities:

1. Will conduct an impartial review to gather all relevant information;
    
2. make findings as to the validity of the complaint;
    
3. serve as an independent arbiter if necessary; and
    
4. make recommendations as to appropriate resolutions.

CONCLUSION

Complaint resolutions mechanisms that provide information to management will not only make it easier for Transport Canada Commercial and Business Aviation to identify areas for improving government services but will also result in better service delivery.

FUTURE DISPOSITION

This CBAAC will be effective until the information is incorporated in the Air Carrier Inspector Manual.

M.R. Preuss
Director
Commercial & Business Aviation