Enforcement makes every attempt to be fair by making available to the aviation community the Enforcement policy manual, educational seminars and counselling for minor and correctable violations. However, deliberate or repeat violators, and those indifferent to the rules will be prosecuted.

Mandate

To establish and administer the regulations and standards necessary for the safe conduct of Canadian civil aviation.

The aviation enforcement philosophy recognizes that voluntary compliance with the rules is a better way of achieving safety than by prosecuting offenders afterwards.

Divisions

The Enforcement Branch has two main divisions: Programs and Investigations.

Programs
The Programs objective is the prevention of aviation violations through education, publicity, presence and consultation.

• Education and Publicity
  Presentations are given to flying clubs, colleges, associations and other industry groups. In addition, courses on the Aeronautics Act and the Canadian Aviation Regulations are conducted regularly for the RCMP, who assist the branch with some investigations.
• Licensing and Certification
  The branch conducts random airside inspections on aircraft and pilot documentation. Numerous violations are detected by this practice, such as improper or missing documents, insecure cargo, or overloaded aircraft.
• Presence
  Investigators maintain regular visible and on-site presence at airports throughout the province. Physical presence fosters pilot and air-carrier operator awareness of regulations and voluntary compliance with the rules. Routine ramp inspections are conducted to encourage adherence to regulations.
• Consultation
  A consultation resource is available to the RCMP, the public, and other Transport Canada departments. Seminars conducted for the Airworthiness and Commercial and Business Aviation Branches provide instruction on what to look for and how to collect evidence during routine audits and inspections.

Investigations
The responsibilities of investigators are divided into three categories: Detection, Investigation and Deterrent Action.

• Detection
  Enforcement investigators detect violations with the assistance of input from the public, the police, other enforcement agencies, the aviation industry, other Transport Canada aviation branches, Nav Canada, the Local Airport Authority and the branch's own Regional Inspection Surveillance Plan.
• Investigation
  Investigations are conducted by Enforcement inspectors. The RCMP assist the branch with investigations concerning alleged violations of the Criminal Code relating to aviation and alleged Aeronautics Act violations that are likely to result in judicial action.

  A comprehensive investigation is conducted where a serious or repeat offence is committed. When the violation involves the transport of dangerous goods, it is referred to the Dangerous Goods inspectors of the Commercial and Business Aviation branch.

• Deterent Action
  The major objectives of deterrent action are:
  • to protect the public and the individual from possible harm;
  • to encourage future compliance; and
  • to deter others from contravening aeronautics legislation.

There are two types of deterrent actions: judicial or administrative. Judicial action involves the prosecution of an alleged offender in the criminal courts. Administrative action comprises all other deterrent measures taken by the Minister of Transport and his delegates pursuant to the provisions of the Aeronautics Act. It includes oral counselling, suspension of documents, or assessment of monetary penalties.

Upon notification of an administrative penalty for non-compliance, a violator has thirty days to submit the required license or penalty, or to address the Transportation Appeal Tribunal of Canada (TATC).

The TATC is a separate administrative body through which a person can request a review of a charge by the Enforcement Branch. Acting as a Case Presentation Officer and playing the same role as a prosecutor in a judicial court, an Enforcement investigator presents the case on behalf of the Transport Minister.

The TATC has the power to uphold, modify or cancel the Minister's decision.

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