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Vol. 137, No. 50 — December 13, 2003 Regulations Amending the Canadian Aviation Regulations (Part I)Statutory Authority Aeronautics Acts Sponsoring Department Department of Transport REGULATORY IMPACT ANALYSIS STATEMENT Description General These proposed Regulations Amending the Canadian Aviation Regulations (Part I) will revise two sections of Part I General Provisions of the Canadian Aviation Regulations (CARs). The proposed amendment to section 103.06 Notices of Suspension, Cancellation or Refusal to Renew will introduce a new document to be used when notifying an applicant for a Canadian aviation document (CAD) or for an amendment to a CAD of the Minister's refusal to issue or to amend the relevant document. The proposed amendments to section 103.08 Designated Provisions will reflect changes to the procedures by which the Transportation Appeal Tribunal of Canada (TATC) is to be notified of the assessment of a monetary penalty for an alleged contravention of a regulation. As well, the title of section 103.06 is to be modified and minor editorial changes are proposed for section 103.08. The Transportation Appeal Tribunal of Canada Act was given royal assent on December 18, 2001, with an implementation date of June 30, 2003. The TATC is an independent, quasi-judicial body that will act as a review mechanism for administrative and enforcement actions taken under various transportation Acts governing the aviation, marine and rail sectors. The TATC is an expansion of the Civil Aviation Tribunal (CAT) which performed review and appeal functions for the aviation sector. The CAT was an independent body which conducted reviews and appeals from departmental decisions to assess monetary penalties and to suspend, cancel or refuse to renew licences, certificates and other documents of entitlement, in the aviation sector. In the process of establishing the TATC, consequential amendments to the Aeronautics Act were necessary to provide for the continuation of the CAT as the TATC. These amendments to the Aeronautics Act form part of the TATC Act and came into force on the same date. Prior to June 2003, the Aeronautics Act did not give the CAT jurisdiction over decisions of the Minister not to issue or not to amend CADs. Amendments to the Aeronautics Act, in the TATC Act, do give the TATC this authority. A Canadian aviation document is defined in the Aeronautics Act as "any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, facility or service." A new section (6.72) of the Aeronautics Act, as amended by the TATC Act, allows a TATC member, on review, to confirm the Minister's decision not to issue or not to amend a CAD or to refer the matter back to the Minister for reconsideration. As a result, a mechanism for notifying an applicant of such a Ministerial decision is being introduced into the CARs to deal with these notifications in the same manner as are other similar notifications. Specific Section 103.06 Notices of Suspension, Cancellation or Refusal to Renew Section 103.06 sets forth the requirements for various notices to be issued by the Minister when an individual has been alleged to have contravened a provision of the CARs; when the Minister has decided to suspend a CAD, or when the Minister has decided to cancel a CAD along with the particulars which must be satisfied when such a notice is issued. The proposed amendment to section 103.06 will introduce a provision for a notice that must be sent to an applicant for a CAD or for an amendment to a CAD when the application has been refused. The proposed Notice of Refusal to Issue or Amend a Canadian Aviation Document will become a schedule attached to Subpart 103 Administration and Compliance. The title of section 103.06 is to be amended to read Notices of Refusal to Issue, Amend or Renew and Notices of Suspension or Cancellation. The addition of the phrase, "Notices of Refusal to Issue, Amend,..." to the title of the section will acknowledge the introduction of the requirement for the specified notice to be sent. Section 103.08 Designated Provisions Currently, section 103.08 specifies the circumstances under which a notice may be issued by the Minister, the particulars to be contained in the notice and the conditions under which such a notice will be forwarded to the Tribunal, as well as enabling the schedule currently appended to Subpart 103 Administration and Compliance of the CARs. The schedule sets forth the provisions of the CARs which are designated as those which may be dealt with by a monetary penalty when contravened and the maximum amounts which may be assessed as those monetary penalties. The proposed changes to section 103.08 are necessary to ensure the CARs are not in contradiction to the Aeronautics Act. The amendments to the Aeronautics Act made as a consequence of the TATC Act provide that the recipient of a notice of monetary penalty for an alleged contravention is responsible for requesting a review of the Departmental decision by the Tribunal. At present, section 103.08 provides that, if a person who has been sent a notice assigning a monetary penalty for an alleged contravention fails to pay the amount specified in the notice, a copy of the notice will be forwarded to the Tribunal for that body to determine whether the alleged contravention took place. A proposed amendment to section 103.08 will change this provision so that, if the person fails to pay the penalty and fails to request a review by the Tribunal within the prescribed period of time, that person will be deemed to have, in fact, committed the contravention. As well, a proposed amendment will specify that the person served with the notice has the option of paying the amount of the specified penalty or of filing a request for a review by the Tribunal of either the alleged contravention or the amount of the penalty. Because the proposed amendment to section 103.06 (discussed above) will add a new schedule containing the proposed new notice to Subpart 103, editorial changes to section 103.08 are necessary to identify the schedule of designated provisions which is intended to become Schedule II of Subpart 103. Alternatives Because these proposed amendments deal with administrative procedures for the carrying out of Ministerial action no alternative means of achieving their intended goal other than the proposed regulatory action is available. Benefits and Costs Throughout the development of the aviation regulations and standards Transport Canada applied risk management concepts. Where there are risk implications, the analysis of these proposed amendments has concluded that the imputed risk is acceptable in light of the expected benefits. The provision for a new document, the Notice of Refusal to Issue or Amend a Canadian Aviation Document, the changes to the title of section 103.06 to acknowledge this new document, and the editorial changes reidentifying the schedule of designated provisions are administrative procedures with no significant benefit or cost impact for the civil aviation industry. The proposed amendments to section 103.08 will harmonize the procedures for notification of the Tribunal of a request, by the recipient of a notice assessing a monetary penalty for an alleged contravention of a regulation, for a hearing with other procedures which recipients of other similar notices must follow to request a Tribunal hearing. This harmonization of procedures will benefit applicants for Tribunal hearings by eliminating any confusion that might be engendered by the existence of differing procedures for requesting hearings by the same body. The burden, of notifying the Tribunal of a refusal to pay a monetary penalty so the Tribunal can determine whether the alleged contravention was committed, will be removed from Transport Canada. The responsibility for notifying the Tribunal and requesting a review will be transferred to the alleged contravener. Although this represents a transfer of resource cost for taking the necessary action from the Department to the alleged contravener, since the benefit of any review will accrue to the alleged contravener, it is reasonable to expect the beneficiary to expend the necessary resources to receive that benefit. This proposal represents a transfer of an existing cost rather than an imposition of a new cost. Neither benefit nor cost of the modified procedure will be significant for the civil aviation industry. In conclusion, these proposed amendments are not expected to entail benefit-cost impacts upon the civil aviation industry nor upon the Canadian economy. Consultation These proposed amendments have not been consulted through the standard Canadian Aviation Regulation Advisory Council (CARAC) process as they are introducing consequential and administrative amendments that are required due to the implementation of the Transportation Appeal Tribunal of Canada Act. For their information, copies of the proposed amendments were mailed to all members of the General (Part I) Technical Committee. Also, members of the Part I Technical Committee of CARAC were briefed on these measures by the Chair of the Committee at their April 3, 2003 meeting. Active members of the Part I Technical Committee include Aerodevco Consultant, Aéroport de Montréal, Air Canada, Air Canada Pilots Association (ACPA), Air Line Pilots Association International (ALPA), the Air Transport Association of Canada (ATAC), Bell Helicopter Textron Canada Ltd., Calgary Airport Authority, Canadian Airports Council, Canadian Air Traffic Control Association, Canadian Business Aviation Association (CBAA), Canadian Federation of Aircraft Mechanical Engineers Association, Canadian Owners and Pilots Association (COPA), Canadian Union of Public Employees (CUPE), Cargair/MaxAviation, Central Technical School, CHC Helicopters International, Civil Aviation Tribunal (CAT), the Department of National Defence, Georgian College, Grande Prairie Airport, Grant Mazowita & Associates, Greater Toronto Airports Authority, G. Y. Sebastyan & Associates Ltd., Hang Gliding and Paragliding Association of Canada, Honeywell ASCA Inc., International Brotherhood of Electrical Workers (IBEW) Local 2228, Ken Owen Airworthiness Consultant, Kingston Airport, NAV CANADA, North Bay Airport, Ottawa International Airport Authority, Pratt & Whitney Canada and Ultralight Pilots Association of Canada. Following established CARAC procedures, immediately upon prepublication in the Canada Gazette, Part I, the information contained in the Canada Gazette, including the proposed amendments as drafted by the Department of Justice and this Regulatory Impact Analysis Statement, will be sent to all members of the Technical Committee. Compliance and Enforcement These proposed amendments are not subject to enforcement action because they are of an administrative nature. Contact Chief, Regulatory Affairs, AARBH, Transport Canada, Safety and Security, Place de Ville, Tower C, Ottawa, Ontario K1A 0N8, (613) 993-7284 or 1-800-305-2059 (Telephone, general inquiries), (613) 990-1198 (Facsimile), www.tc.gc.ca (Internet address). PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to section 4.9 (see footnote a) and subsections 6.71(2) (see footnote b) and 7.7(2) (see footnote c) of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Part I). Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to the Chief, Regulatory Affairs (AARBH), Civil Aviation, Safety and Security Group, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (General inquiries — tel.: (613) 993-7284 or 1-800-305-2059; fax: (613) 990-1198; Internet address: http://www.tc.gc.ca) Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act. Ottawa, December 2, 2003
EILEEN BOYD
REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PART I) AMENDMENTS 1. The heading before section 103.06 of the Canadian Aviation Regulations (see footnote 1) is replaced by the following: Notices of Refusal to Issue, Amend or Renew and Notices of Suspension or Cancellation 2. Section 103.06 of the Regulations is amended by adding the following after subsection (3): (4) A notice issued by the Minister under subsection 6.71(2) of the Act informing an applicant or an owner or operator of an aircraft, aerodrome, airport or other facility of the Minister's decision made under subsection 6.71(1) of the Act to refuse to issue or amend a Canadian aviation document in respect of the aircraft, aerodrome, airport or other facility shall be in the form set out in Schedule I to this Subpart. 3. Section 103.08 of the Regulations is replaced by the following: 103.08 (1) The provisions set out in column I of Schedule II to this Subpart are hereby designated as provisions the contravention of which may be dealt with under, and in accordance with the procedure set out in, sections 7.7 to 8.2 of the Act. (2) The amounts set out in column II of Schedule II to this Subpart are the maximum amounts payable in respect of a contravention of the designated provisions set out in column I. (3) A notice issued to a person by the Minister under subsection 7.7(1) of the Act shall specify (a) the particulars of the alleged contravention; (b) that the person on or to whom the notice is served or sent has the option of paying the amount specified in the notice or filing a request for a review with the Tribunal of the alleged contravention or the amount of the penalty; (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on or to whom the notice in respect of that contravention is served or sent; (d) that, if the person on or to whom the notice is served or sent files a request for a review with the Tribunal, that person will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention; and (e) that, if the person on or to whom the notice is served or sent fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period, that person will be deemed to have committed the contravention set out in the notice. 4. Subpart 3 of Part I of the Regulations is amended by adding the following after section 103.12: SCHEDULE I (Subsection 103.06(4))
NOTICE OF REFUSAL TO ISSUE OR AMEND A CANADIAN AVIATION DOCUMENT Pursuant to section 6.71 of the Aeronautics Act, the Minister of Transport has decided to refuse to issue or amend the Canadian aviation document identified below.
The grounds for the Minister's decision are set out in Appendix A. If you wish a review of the Minister's decision by the Transportation Appeal Tribunal of Canada, you must file a request in writing with the Tribunal on or before the date that is indicated above. Requests for review may be filed with the Registrar, Transportation Appeal Tribunal of Canada, 333 Laurier Avenue West, Room 1201, Ottawa, Ontario K1A 0N5 (tel.: (613) 990-6906). On receipt of your request, the Tribunal will set a time and place for a hearing into the Minister's grounds for the decision to refuse to issue or amend the above-noted Canadian aviation document. You will be afforded a full opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the Minister's grounds before the Tribunal makes its determination. The Tribunal has prepared a booklet entitled Guide for Applicants, which you may obtain from the Registrar. The particulars set out in this notice are also available in the other official language from the Transport Canada Regional Office indicated above. _________________________ Appendix A
Details of Minister's grounds for the decision indicated above: 5. The schedule to Subpart 3 of Part I of the Regulations is renamed Schedule II. COMING INTO FORCE 6. These Regulations come into force on the day on which they are registered. [50-1-o] S.C. 1992, c. 4, s. 7 S.C. 2001, c. 29, s. 34 S.C. 2001, c. 29, s. 39 SOR/96-433 |
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