Vol. 140, No. 40 — October 7, 2006

Regulations Amending the Canadian Aviation Regulations (Parts I and III)

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

General

These proposed Regulations Amending the Canadian Aviation Regulations (Parts I and III) will replace the existing standards and recommended practices addressing airport emergency response planning with performance-based provisions allowing site-specific plans to be developed and implemented by airport operators. The proposed Regulations will provide the criteria to be used in developing plans to respond to emergencies at all certified airports in Canada. These plans will result from consultation by the airport operators with a representative sample of the air operators that use the airport and with community organizations that may be of assistance during an emergency at or in the vicinity of an airport and will reflect the level of traffic and the type of aircraft using the airport.

At present, airport emergency response measures are included as an item listed in section 302.08 Airport Operations Manual of the Canadian Aviation Regulations (CARs) which requires the airport operations manual of a certified airport to contain all of the information necessary to verify that the airport meets the applicable standards as set out in the aerodrome standards and recommended practices publications. For emergency response measures, the applicable publication is Aerodrome Standards and Recommended Practices (TP 312). Chapter 9 Emergency and Other Services provides limited criteria for developing and implementing emergency response measures with no standards set by which to assess them or their performance. The proposed new Regulations include provisions to ensure that a more formal approach is taken, at each site, to airport emergency planning and to the testing of the plan.

These proposed new Regulations will implement Transport Canada's response to the recommendations with respect to airport emergency services made by the Commission of Inquiry into the Air Ontario Crash at Dryden, Ontario (Moshansky Commission). The Commissioner, the Honourable Virgil P. Moshansky, was tasked with conducting an exhaustive investigation into the circumstances which resulted in the crash of an Air Ontario flight at Dryden, Ontario, on March 10, 1989, and into the aviation system that allowed that accident to occur. The accident aircraft was a Fokker F-28 MK1000 with 65 passengers and 4 crew on board. Twenty-one passengers and three crew members died as a result of the accident and the accompanying fire. The mandate of the Commission included making such recommendations as were deemed appropriate in the interests of aviation safety.

Specifics

Part I (General Provisions)

Part I contains definitions affecting more than one Part of the CARs and administrative provisions applicable to all parts of the CARs.

Proposed changes to the Schedule II — Designated Provisions which is attached to Subpart 103 Administration and Compliance will introduce maximum monetary penalties which may be assessed for non-compliance with new sections proposed in this amendment to the CARs.

Part III (Aerodromes and Airports)

Part III Aerodromes and Airports of the CARs comprises rules governing the operation of civilian aerodromes and airports in Canada. Subpart 2 Airports of Part III (Subpart 302) delineates which Canadian aerodromes must be certified as airports and the conditions that operators of certified airports must satisfy.

This proposal will introduce a new division, Division II Airport Emergency Plan, into Subpart 302. This division will consist of nine sections which contain

• definitions specific to the airport emergency plan provisions;
• a section setting forth the consultation requirements for developing the plan, specific responsibilities of the airport operator and that a copy of the plan must be made available to the Minister upon request;
• a section which specifies the content to be included in the plan;
• two sections addressing the duties of an on-scene controller and the requirement for this individual to be easily identifiable;
• requirements for the provision of aircraft crash charts and airport grid maps;
• requirements for knowledge and training for the personnel identified for specific emergency response duties and the requirement to keep records of their training;
• a section providing for the testing of the emergency plan; and
• finally, if there has been an activation of the emergency plan, provision for the Minister to authorize the airport operator not to conduct a scheduled test of the emergency plan.

As well as the above nine sections, the division will have attached to it a schedule which will identify the major airports which will be required to conduct a full-scale exercise to test their emergency response plans at least once every two years.

Proposed section 302.201 Interpretation

In proposed section 302.201 Interpretation six definitions are to be added as follows:

• community organization — "an organization, corporation, department or public service";
• emergency coordination center — "a designated area to be used in supporting and coordinating emergency operations";
• full emergency standby — "attendance at an emergency scene and preparedness to respond at the necessary level when an aircraft has, or may have, an operational problem that affects flight operations to the extent that there is a possibility of an accident";
• full-scale exercise — "the assembly and deployment of all the community organizations and other resources that are identified in the airport emergency plan as being available for use in an emergency";
• on-scene controller — "the person identified in an airport emergency plan as being responsible for the overall coordination of the response at the emergency scene"; and
• table top exercise — "an exercise requiring the participation of the community organizations and other resources identified in the airport emergency plan to review and coordinate their respective roles, responsibilities and response actions without actually activating the plan".

The above definitions will have application only to the airport emergency plan provisions as contained in Division II Airport Emergency Plan.

Proposed section 302.202 General

Proposed section 302.202 General will contain the requirement for the airport operator to develop and maintain an emergency plan. Before doing so, the airport operator will be required to consult with a representative sample of the air operators that use the airport and with community organizations. These consultations will be held to identify

• the emergencies that can reasonably be expected to occur at the airport or in its vicinity and that could be a threat to the safety of persons or to the operation of the airport;
• the measures to activate the emergency plan for each type of emergency;
• the community organizations capable of providing assistance in an emergency; and
• any additional resources available at the airport and in the surrounding area.

As well, section 302.202 will provide that the airport operator must establish a degree of supervision and control sufficient to manage the size and complexity of an emergency. The airport operator will be required to keep a copy of an updated version of the emergency plan and of any amendments to the plan at the airport and to submit a copy to the Minister when requested. The airport operator shall update the emergency plan, if necessary, to ensure its effectiveness in emergency operations and, in any case, shall review and update it at least once a year after consultation with a representative sample of the air operators that use the airport and the community organizations identified in the plan.

Proposed section 302.203 Content

The contents of an airport emergency plan are specified in proposed section 302.203 Content. The contents will be required to include:

• the identification of types of potential emergencies which the emergency plan will cover including, with respect to an aircraft accident or incident, that such an occurrence may take place within the airport boundaries and within a critical rescue and fire fighting access area that extends 1 000 m beyond both ends of the runway and 150 m at a 90° angle outwards from the centreline of a runway, including any part of that area which lies outside the airport boundaries;
• the identification of the organizations at the airport and of the community organizations that are capable of providing assistance during an emergency at an airport or in its vicinity and a description of the type of assistance each can provide as well as of the other resources available at the airport and in the surrounding communities for use during response or recovery operations along with the telephone numbers and contact information for each source of assistance;
• specification of the lines of authority and relationships between the organizations identified in the emergency plan and how actions will be coordinated among all and within each of those organizations that will respond to an emergency;
• specification of the positions occupied by airport personnel who will respond to an emergency and their emergency response duties as well as identification of the on-scene controller, his or her emergency response duties, the criteria to be used for positioning the on-scene controller during the emergency, measures to identify the on-scene controller at all times during the emergency, procedures for transferring on-scene control from a person from a responding organization to the on-scene controller, the training and qualification required for the on-scene controller and the airport personnel identified in the plan, and the method of record keeping for the training;
• description of communication and alerting procedures to be used to activate the emergency plan and during the duration of the emergency response including those radio frequencies to be used to link the airport operator with the on-scene controller and the providers of ground control services and of air traffic control services at the airport as well as those allowing the on-scene controller to communicate with the organizations listed in the plan;
• specification of airport communication equipment testing procedures including the testing schedule and the method of record keeping for the tests;
• in the case of an airport which is designated under Subpart 303 Aircraft Rescue and Fire Fighting at Airports and Aerodromes to provide the aircraft fire-fighting vehicles and the personnel required to respond to an aircraft emergency at the airport, the location of the emergency coordination centre used to provide support to the on-scene controller;
• a description of the measures with which an emergency which has occurred during adverse climatic conditions or in darkness will be dealt with;
• a description of the procedures to assist persons who have been evacuated because of a threat to their safety or because airside operations have been affected by the emergency;
• a description of the procedures for preserving evidence in relation to aircraft or aircraft part removal and the site of the accident or incident in accordance with the Canadian Transportation Accident Investigation and Safety Board Act;
• the procedures for the return of the airport to operational status after an emergency situation, including emergency status reports, airside inspection results, accident or incident site conditions, disabled aircraft removal, Air Traffic Services and NOTAM (see footnote 1) coordination, and coordination with the coroner and the Transportation Safety Board of Canada investigator, must be described;
• the procedures for controlling vehicular flow during an emergency to ensure the safety of persons, vehicles, and aircraft must be described;
• provision must be included for issuing a NOTAM in the event of an emergency affecting the critical category for fire fighting required under section 303.07 Critical Category for Fire Fighting, or of changes or restrictions in facilities or services at the airport during and after an emergency;
• a description of the procedures to be followed, after any exercise set out in proposed section 302.208 Testing of the Emergency Plan or the activation of the plan for an emergency that requires a full emergency standby, for post-emergency debriefing, for recording the minutes of the debriefing, for evaluation of the effectiveness of the plan, for any necessary changes to address identified deficiencies, and for partial testing subsequent to any modification of the plan; and
• a description of the process for an annual review and update of the plan and of the administrative procedure for the distribution of copies of an updated version of the plan to the airport personnel who require them and the community organizations identified in them.

The emergency plan must include copies of an airport grid map and copies of any signed agreements between the airport operator and the community organizations that provide emergency response services to the airport.

Proposed sections 302.204 and 302.205 On-Scene Controller

The on-scene controller must be at the emergency site and must not have other duties during an emergency.

The operator of the airport must establish procedures to make the on-scene controller easily identifiable by all persons responding to an emergency.

Proposed section 302.206 Aircraft Crash Charts and Airport Grid Maps

Proposed section 302.206 Aircraft Crash Charts and Airport Grid Maps will require the airport operator to make available at the emergency coordination centre, aircraft crash charts specific to the aircraft used by the air operators that use the airport. Copies of these charts must be supplied to the organizations responsible for fire-fighting services that are identified in the plan and to the on-scene controller.

As well, the airport operator will be required to develop, review and update annually, if necessary, an airport grid map. The map must include, at minimum, an area covering at least 1 km around each runway, the airport access roads and gates, and the location of rendezvous points to which respondents to an emergency situation will proceed to receive directions. Copies of this grid map must be provided to the airport personnel and to the organizations identified in the emergency plan.

Proposed section 302.207 Personnel and Training

Proposed section 302.207 Personnel and Training will provide that the airport operator must assign to specific emergency response duties only those airport personnel identified in the emergency plan who are knowledgeable of their respective duties as described in the plan and have the skills to carry out their assigned duties. The airport operator will also be required to have only those personnel act as an on-scene controller or in a supervisory role who are knowledgeable of the contents of the emergency plan, are familiar with the procedures for the overall coordination of emergency operations at an emergency site, and are trained for the particular role that they perform.

As well, the airport operator must keep records of the training that was received by personnel to meet the above requirements and preserve the training records for three years after the day the training was received, and submit a copy of the training records to the Minister upon request.

Proposed section 302.208 Testing of the Emergency Plan

Proposed section 302.208 Testing of the Emergency Plan will provide that the airport operator must test the emergency plan by conducting a full-scale exercise for the airports set out in the schedule at least every two years and for other airports at least every three years. These full-scale exercises must be based on scenarios that relate to a major aircraft accident. The airport operator, when conducting a full-scale exercise must assemble and deploy all the organizations listed in the plan as being available to respond to an emergency.

In each year when a full-scale exercise is not conducted, the airport operator must conduct a table top exercise. When conducting a table top exercise the airport operator will be required to have a list of participants, their telephone numbers and the radio frequencies to be used that is up to date, communication equipment that is fully operational, and an accurate airport grid map. Table top exercises will be required to be based on scenarios that include an aircraft accident or incident.

The airport operator will be obliged to provide the Minister with a notice in writing of the date and time when a table top or full-scale exercise is to be carried out at least 60 days before the day of the exercise. The Minister may observe the testing of an emergency plan.

After each exercise, the airport operator will be required to conduct a debriefing with all the organizations identified in the plan and with a representative of the airport personnel who participated to evaluate the effectiveness of the plan and to identify deficiencies. An action plan to correct deficiencies identified during an exercise must be implemented. Partial exercises to assess proposed changes to the plan to correct deficiencies will be required.

The date and type of an exercise along with the minutes of the debriefing after the exercise and corrective action plans for any deficiencies that were identified during the exercise must be recorded by the airport operator. All exercise records must be kept for 10 years after the day the record is made. The airport operator must submit debriefing minutes and corrective action plans relating to an exercise to the Minister upon request.

Proposed section 302.209 Authorization

Proposed section 302.209 Authorization will provide for the Minister, upon application by the operator of an airport, to authorize in writing that the full-scale exercise not be conducted during the interval applicable to that airport, if the operator demonstrates that the testing requirements for a full-scale exercise have been met through an activation of the emergency plan in response to an emergency in that period.

Finally, there will be a one-year period between the day on which these proposed provisions are published in Part II of the Canada Gazette and the day on which they come into force. This will allow airport operators time in which to conduct the required consultations and to put in place the necessary arrangements for airport emergency plans.

Alternatives

There is no alternative to regulatory action which will ensure that a more formal approach is taken to planning for airport emergency response in Canada and which will implement Transport Canada's response to recommendations of the Moshansky Commission.

The Commissioner, the Honourable Virgil P. Moshansky, was tasked with conducting an exhaustive investigation into the circumstances which resulted in the crash of an Air Ontario flight at Dryden, Ontario, on March 10, 1989, and into the aviation system that allowed that accident to occur. The accident aircraft was a Fokker F-28 MK1000 with sixty-five passengers and four crew on board. Twenty-one passengers and three crew members died as a result of the accident and the accompanying fire. The mandate of the Commission included making such recommendations as were deemed appropriate in the interests of aviation safety.

Specific recommendations of the Moshansky Commission which relate to these proposed amendments (see footnote 2) addressed the issues of

• ensuring that all persons with responsibilities for emergency response, with specific reference to supervisory personnel and to on-site coordinators, fully participate in exercises to test the plans;
• ensuring that the emergency response plans be clearly delineated in all relevant documentation;
• ensuring that training programs include preparation for the realities of an aircraft accident; and
• ensuring that all Canadian airports which service a scheduled air carrier operation have appropriate crash charts made available for quick reference and training purposes.

These proposed amendments to the CARs will address issues raised by the Moshansky Commission and will institute a consistent approach to emergency response planning at all certified airports in Canada. There is no alternative to regulatory action to achieve these results.

Strategic environmental assessment

A preliminary scan of this initiative has been done in accordance with the criteria of Transport Canada's Strategic Environmental Assessment Policy Statement — March 2001. It is not expected that these changes will produce effects that would be considered environmentally important. Stakeholders have been consulted, and no environmental concerns were identified.

It is concluded from the preliminary scan that a detailed analysis is not necessary. Further assessments or studies regarding any other environmental effects of this initiative are not likely to yield a different determination.

Benefits and costs

Throughout the development of the aviation regulations and standards, Transport Canada applies risk management concepts. Where there are risk implications the analysis of these proposed amendments to the CARs has led to the conclusion that the imputed risk is acceptable in light of the expected benefits.

Benefits

These proposed amendments are intended to bring all certified airports up to the same standard of airport emergency planning as achieved by the airports exemplifying the best practices currently in use. They will introduce a consistent and clear set of criteria by which emergency response plans at airports can be developed and evaluated.

The existence of a consistent set of criteria will simplify the task of airport operators in fulfilling their responsibilities to design emergency response plans for the sites for which they are answerable. Such criteria will also provide a useful reference tool for users of certified airports (air operators, other tenants and the traveling public) and for organizations in nearby communities to determine what they can expect from airport resources and what their own responsibilities may be in the event of an emergency on or near the airport.

The clarification provided by the proposed criteria for the development and evaluation of airport emergency response plans will make a response to an emergency situation at an airport likely to be more effective. Individual airport authorities, as members of their communities, will be better positioned to play an efficient part in responding to emergencies on and near the airport site and to coordinate their responses with resources available from local community organizations. Such an improvement in effectiveness of emergency responses will reduce the severity of the consequences of airport emergencies. Fewer lives will be lost; injuries will be fewer and less severe; and property damage and psychological trauma will be reduced.

Regular exercises, at which all parties with responsibilities for responding to an airport emergency will have the opportunity to experience the simulated performance of their duties on the site and to make contact with those with whom they would be expected to coordinate in the event of an emergency, are a valuable form of on-the-job training for emergency responders and, especially, for those who will be acting as on-scene controllers or in a supervisory role. These exercises will help to familiarize all parties with the physical surroundings and with the personnel with whom they will have to interact. Changes in the environment and in personnel from one exercise to the next can then be identified and plans changed, if necessary, to take those changes into account.

These proposed amendments will provide a regulatory structure for the development and evaluation of airport emergency response plans with their attendant benefits as discussed above.

Costs

The requirements addressed in these proposed amendments are not new to airport operators. Following the recommendations of the Moshansky Commission, airport operators have been voluntarily instituting good management practices which include the development and implementation of emergency response measures. However, these voluntary measures vary from airport to airport. The cost impact of this proposal will depend on the thoroughness of detail and consistency of implementation of each airport's existing individual measures.

Costs for this initiative will come primarily from three sources:

(1) preparing the emergency plan;

(2) conducting exercises to test the plan; and

(3) ensuring that all airport personnel identified in the plan for specific duties are knowledgeable of their respective duties and have the skills to carry out those duties and that the personnel who act as on-scene controllers or in a supervisory role are trained for the particular role they perform.

(1) Preparing the emergency plan

Development and implementation of airport emergency response plans are not entirely new procedures for airport operators although specific details with respect to the contents of an airport emergency response plan are to be introduced into the regulatory structure of the CARs for the first time with these proposed amendments. The development and implementation of measures for responses to emergencies at an airport have been part of responsible airport management processes for many years. The cost of developing and implementing an airport emergency response plan which satisfies these proposed amendments may be more than those costs already incurred at each site. The additional cost will depend on the completeness with which the existing measures at each site have been developed and implemented. For those sites at which emergency response plans are in place which require minor or no changes to meet the proposed criteria, the additional cost will be minimal.

(2) Conducting exercises to test the plan

Exercises to test the implementation of emergency response measures were part of the recommended practices in Aerodrome Standards and Recommended Practices (TP 312). With the introduction of these proposed amendments, these practices will become regulated requirements. As with the development and implementation of emergency response measures, exercises to test the effectiveness of the measures have been a customary part of airport management practice for many years. This is especially true of the large, busy airports on the schedule, the managers of which are clearly aware of their responsibility for the safety of the traveling public who use the services of their airports.

Individual airports may incur some additional costs as each airport adjusts the frequency and comprehensiveness of those exercises that they may be, at present, in the habit of conducting to test their emergency response plans. Costs of the exercise to test the emergency response plan will be somewhat less onerous for smaller airports at which full tests need be undertaken only once every three years rather than once every two years as will be required for the airports on the schedule. Depending on the current existence and comprehensiveness of exercises at a site, such additional costs are not likely to be unduly heavy.

(3) Personnel knowledge, skills and training

The third component of costs resulting from these proposed amendments will come from the requirement for an airport operator to ensure airport personnel identified in the emergency plan for specific emergency response duties are knowledgeable of their respective duties and have the skills to carry out those duties. An important part of this component is making certain personnel who act as on-scene controllers or in a supervisory role are trained in and familiar with their duties. To a large extent these requirements as they relate to familiarity with the airport environment and personnel will be satisfied as on-the-job training by participation in the exercises to test the plan as described above.

In total, any additional costs for these proposed amendments will depend on the extent and comprehensiveness of airport emergency measures that are already in place. For those airports at which comprehensive measures are in place, any additional costs as a result of these proposed amendments are not likely to be burdensome.

Summary of benefit-cost analysis

The benefits to be expected from these proposed amendments will accrue to those who use services provided by certified airports, including the traveling public, air operators and airport tenants.

The costs that will be incurred as a result of this proposal are specific to each individual site. They will be dependent upon the existence and completeness of the current measures for emergency response and their documentation at each site.

Because of the widespread and subjective nature of the benefits and the expectation that costs will vary significantly from site to site, a quantification of benefits and costs from this initiative has not been attempted. However, it is expected, in aggregate, the benefits will outweigh the costs for the civil aviation industry as a whole and for the Canadian economy.

Consultation

The members of the Aerodromes and Airports (A&A;) Technical Committee were consulted with respect to these proposed amendments to Subpart 2 of Part III of the Canadian Aviation Regulations. The actively participating members of the A&A; Technical Committee include the Advisory Committee on Accessible Transportation, Aero Club of Canada, Aéroports de Montréal, Aerodevco Consultants Ltd., AirBC, Air Canada, Air Canada Pilots Association, Air Line Pilots Association, Airport Management Conference of Ontario, Air Passenger Safety Group, Air Transport Association of Canada, Alberta Aviation Council, Alberta Transportation and Utilities, Arctic Airports (Government of the Northwest Territories), Association des gens de l'air du Québec, Association québécoise des transporteurs aériens inc., British Columbia Aviation Council, B.C. Transportation Financing Authority, Calgary Airport Authority, Campbell River Airport, Canadian Air Line Pilots Association, Canadian Air Traffic Control Association, Canadian Airports Council, Canadian Association of Fire Chiefs, Canadian Auto Workers, Canadian Business Aircraft Association, Canadian Forces Fire Marshall — 2 (Deptartment of National Defence), Canadian Owners and Pilots Association, Central Air Carrier Association, Civil Air Search and Rescue Association, Corp Air Inc., Canadian Union of Public Employees (CUPE), Department of Community and Transportation Services, Department of Works (Newfoundland and Labrador), Edmonton Regional Airports Authority, Federation of Canadian Municipalities, Jack Henderson, Highways and Transportation (Manitoba), Imperial Oil, International Association of Fire Fighters, Kelowna Airport, Liberty Airlines Limited, Ministry of Employment and Investment (British Columbia), Ministry of Transportation (Quebec), Ministry of Transportation of Ontario, Ministry of Transportation (New Brunswick), Miramichi Airport Commission (1993) Inc., NAV CANADA, Niagara District (St. Catharines) Airport, Northern Air Transport Association, Nova Scotia Department of Transportation, Paragon Engineering Ltd., Saskatchewan Highways and Transportation, Sydney Airport Authority, Teamsters Local 31, Union of Canadian Transport Employees and Vancouver International Airport Authority. During the Technical Committee meeting held in October 2000, after lengthy discussion and some revisions to the original wording, the proposed amendments were accepted by the members of the Technical Committee.

The proposed amendments to Part III were presented along with several dissents at the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers within the Civil Aviation Directorate of Transport Canada, in October 2001. After consideration of the dissents, the members of CARC made some changes to the proposal as originally presented to them. The members of CARC then approved the proposed amendments as revised.

The dissents and their disposition were as follows:

A dissent to a proposed requirement for the emergency response plan to include preparation for response to the ditching of an aircraft in water if there is a large body of water within eight kilometres of any runway was accepted. Guidance material is to be developed to address the emergency response plan requirements if there is water in the vicinity of an airport.

A dissent to a proposed requirement that all certified airports be required to hold a full-scale test of their emergency response plans every two years was accepted. The frequency of testing will be at least once every two years for the busiest airports as identified in the schedule to the new division while frequency for the remaining certified airports will be at least once every three years.

Dissents to proposed requirements to hold a plan activation during night and winter conditions were accepted on the grounds that such an exercise would be hazardous to the participants. Night and winter conditions are to be considered in the emergency response plan.

Dissents to the proposed requirement to involve local organizations in the airport emergency response plan that cited the difficulty of implementing such a requirement were rejected. The respective roles of the airport and of local community organizations have been clarified by inserting a proposed requirement that when an airport operator has a signed agreement with a local community organization, a copy of it be in the emergency response plan.

The Canadian Union of Public Employees (CUPE) had expressed a dissent to the possibility that the Minister's approval would not be required for the manuals called for under these amendments. The question raised by this dissent was initially addressed at the meeting of CARC on May 28, 2001. At that time, CARC had decided that while certain administrative matters (such as contact telephone numbers, etc.) could be amended by the airport operator without ministerial approval, substantial amendments would require the Minister's approval. Thus, CUPE's dissent had been partially accepted at the May 2001 meeting.

Comments bearing on the principles underlying safety management systems (SMS) and proposed requirements for the Minister to approve various plans required for airport operations such as airport emergency plans were discussed during meetings of CARC held on October 17, 2005, and on March 7, 2006. The consensus of these meetings was that the requirement for the Minister to approve these various plans, including airport emergency plans, could be removed since these plans must comply with the detailed requirements for them which will be set forth in the proposed Regulations. Compliance of a plan with the regulatory requirements can be determined during departmental inspections and audits. Therefore, it is considered redundant for approval of the plans to be required before their implementation.

Among the factors considered in arriving at the decision was the smart regulations initiative for regulations to become more performance-based without impacting negatively on safety. As is intended by the smart regulations initiative, the removal of the requirement for the Minister to approve these plans will reduce the Government burden on this segment of the industry and will streamline the process which an airport operator must follow in implementing such a plan without compromising safety.

The overall obligation and the Department's responsibility to conduct periodic inspections and audits to confirm that regulatory requirements are being met will remain.

Compliance and enforcement

These proposed amendments to the Canadian Aviation Regulations will be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, through suspension or cancellation of a Canadian aviation document or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.

Contact

Chief, Regulatory Affairs, AARBH, Safety and Security, Transport Canada, Place de Ville, Tower C, Ottawa, Ontario K1A 0N8, 613-993-7284 or 1-800-305-2059 (telephone), 613-990-1198 (fax), www.tc.gc.ca.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 4.9 (see footnote a) and subsection 7.6(1) (see footnote b) of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Parts I and III).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport, Infrastructure and Communities within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Chief, Regulatory Affairs, AARBH, Civil Aviation, Safety and Security Group, Transport Canada, 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, September 28, 2006

MARY O'NEILL
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PARTS I AND III)

AMENDMENTS

1. Part III of Schedule II to Subpart 3 of Part I of the Canadian Aviation Regulations (see footnote 3) is amended by adding the following after the reference to "section 302.09":

2. The reference "[302.12 to 302.300 reserved]" after section 302.11 of the Regulations is replaced by the following:

[302.12 to 302.200 reserved]

DIVISION II — AIRPORT EMERGENCY PLANNING

Interpretation

302.201 The following definitions apply in this Division.

"community organization" means an organization, corporation, department or public service. (organisme communautaire)

"emergency coordination center" means a designated area to be used in supporting and coordinating emergency operations. (centre de coordination des urgences)

"full emergency standby" means attendance at an emergency scene and preparedness to respond at the necessary level when an aircraft has, or may have, an operational problem that affects flight operations to the extent that there is a possibility of an accident. (état d'alerte complet)

"full-scale exercise" means the assembly and deployment of all the community organizations and other resources that are identified in the airport emergency plan as being available for use in an emergency. (exercice général)

"on-scene controller" means the person identified in an airport emergency plan as being responsible for the overall coordination of the response at the emergency scene. (coordonnateur sur place)

"table top exercise" means an exercise requiring the participation of the community organizations and other resources identified in the airport emergency plan to review and coordinate their respective roles, responsibilities and response actions without actually activating the plan. (exercice en salle)

Airport Emergency Plan

General

302.202 (1) After consultation with a representative sample of the air operators that use the airport and with community organizations that may be of assistance during an emergency at an airport or in its vicinity, the operator of an airport shall develop and maintain an emergency plan for the purpose of identifying

(a) the emergencies that can reasonably be expected to occur at the airport or in its vicinity and that could be a threat to the safety of persons or to the operation of the airport;

(b) the measures to activate the emergency plan for each type of emergency;

(c) the community organizations capable of providing assistance in an emergency; and

(d) any additional resources available at the airport and in the surrounding area.

(2) The operator of the airport shall establish a degree of supervision and control sufficient to manage the size and complexity of an emergency.

(3) The operator of an airport shall

(a) maintain at the airport, in the format of a manual, a copy of an updated version of the emergency plan; and

(b) provide a copy to the Minister upon request.

(4) The operator of an airport shall

(a) update the emergency plan as necessary to ensure its effectiveness in emergency operations; and

(b) review the plan and make any required updates at least once a year after consultation with a representative sample of the air operators that use the airport and the community organizations identified in the plan.

Content

302.203 (1) In an emergency plan, the operator of the airport shall, at a minimum

(a) identify the potential emergencies, including

(b) identify the organizations at the airport and the community organizations that are capable of providing assistance during an emergency at an airport or in its vicinity, provide the telephone numbers and other contact information for each organization and describe the type of assistance each can provide;

(c) identify the other resources available at the airport and in the surrounding communities for use during response or recovery operations and provide their telephone numbers and other contact information;

(d) describe the lines of authority and the relationships between the organizations identified in the emergency plan including how actions will be coordinated among all and within each of the organizations that will respond to an emergency;

(e) describe the responsibilities for each supervisor;

(f) specify the positions occupied by the airport personnel who will respond to an emergency and describe the specific emergency response duties of each;

(g) identify the on-scene controller and describe the controller's emergency response duties;

(h) set out the criteria to be used for positioning the on-scene controller within visual range of an emergency scene;

(i) set out the measures to be taken to make the on-scene controller easily identifiable at all times by all persons responding to an emergency;

(j) if initial on-scene control has been assumed by a person from a responding organization, describe the procedure for transferring control to the on-scene controller;

(k) describe any training and qualifications required for the on-scene controller and the airport personnel identified in the emergency plan;

(l) describe the method for recording any training provided to the on-scene controller and airport personnel;

(m) describe the communication procedures and specify the radio frequencies to be used to link the operator of the airport with

(n) describe the communication procedures allowing the on-scene controller to communicate with the organizations identified in the emergency plan;

(o) identify the alerting procedures that

(p) specify

(q) for airports designated under Subpart 3, specify the location of the emergency coordination centre used to provide support to the on-scene controller;

(r) describe the measures for dealing with adverse climatic conditions and darkness for each emergency set out in paragraph (1)(a);

(s) describe the procedures to assist persons who have been evacuated if their safety is threatened or airside operations are affected;

(t) describe the procedures respecting the review and confirmation of the following to permit the return of the airport to operational status after an emergency situation:

(u) describe the procedures for controlling vehicular flow during an emergency to ensure the safety of vehicles, aircraft and persons;

(v) specify the procedures for issuing a NOTAM in the event of

(w) describe the procedures for preserving evidence as it relates to

(x) describe the procedures to be followed, after any exercise set out in section 302.208 or the activation of the plan for an emergency that requires a full emergency standby, in the following cases:

(y) describe

(2) The operator of an airport shall include a copy of the following documents in the emergency plan:

(a) the signed agreements, if any, between the airport operator and the community organizations that provide emergency response services to the airport; and

(b) an airport grid map.

On-Scene Controller

302.204 The on-scene controller shall be at the emergency site and shall not have other duties during an emergency.

302.205 The operator of an airport shall establish procedures that make the on-scene controller easily identifiable by all persons responding to an emergency.

Aircraft Crash Charts and Airport Grid Maps

302.206 (1) The operator of an airport shall make aircraft crash charts specific to the aircraft used by the air operators that use the airport available at the emergency coordination center and shall provide copies of the charts to

(a) the organizations responsible for fire-fighting services that are identified in the emergency plan; and

(b) the on-scene controller.

(2) The operator of an airport shall develop and review and update annually, if necessary, an airport grid map that includes a minimum of

(a) an area covering at least one kilometre around each runway;

(b) the airport access roads and gates; and

(c) the location of rendezvous points to which persons and vehicles that are responding to an emergency situation proceed in order to receive instructions.

(3) The operator of an airport shall provide copies of the airport grid map to the airport personnel who must have one and the organizations identified in the emergency plan.

Personnel and Training

302.207 (1) The operator of an airport shall assign specific emergency response duties only to those airport personnel who are identified in the emergency plan and who

(a) are knowledgeable of their duties as described in the plan; and

(b) have the skills to carry out their duties.

(2) The operator of an airport shall assign to act as an on-scene controller or in a supervisory role only those airport personnel who are

(a) knowledgeable about the contents of the emergency plan;

(b) familiar with the procedures for the overall coordination of emergency operations at an emergency site; and

(c) trained for the particular role that they perform.

(3) The operator of an airport shall

(a) keep records of the training that was received by personnel to meet the requirements of subsections (1) and (2);

(b) preserve the records of training for three years after the day on which the training was received; and

(c) submit a copy of the training records to the Minister upon request.

Testing of the Emergency Plan

302.208 (1) The operator of an airport shall test the emergency plan by conducting a full-scale exercise

(a) for the airports listed in the schedule, at intervals not exceeding two years; and

(b) for airports other than the airports listed in the schedule, at intervals not exceeding three years.

(2) The operator of an airport, when conducting a full-scale exercise, shall assemble and deploy all the organizations that are listed in the plan as being available to respond to an emergency.

(3) The operator of an airport shall conduct full-scale exercises based on scenarios that relate to a major aircraft accident.

(4) The operator of an airport shall conduct a table top exercise each year in which no full-scale exercise is conducted.

(5) The operator of an airport, when conducting a table top exercise, shall have

(a) an up-to-date list of the participants and their telephone numbers and the radio frequencies used to communicate;

(b) fully operational communication equipment; and

(c) an accurate airport grid map.

(6) The operator of an airport shall base the table top exercises on scenarios that include an aircraft accident or incident.

(7) The operator of an airport shall provide the Minister with a notice in writing of the date and time when a table top or full-scale exercise is to be carried out at least 60 days before the day of the exercise.

(8) The Minister may observe the testing of an emergency plan.

(9) After each exercise, the operator of an airport shall conduct a debriefing with all the organizations identified in the plan and a representative of the airport personnel who participated to evaluate the effectiveness of the emergency plan and identify deficiencies.

(10) The operator of an airport shall implement an action plan to correct any deficiencies in the emergency plan that were identified during an exercise.

(11) The operator of an airport shall conduct partial exercises to assess proposed changes in the plan in order to correct deficiencies.

(12) The operator of an airport shall record

(a) the date of an exercise;

(b) the type of exercise;

(c) the minutes of the debriefing after the exercise; and

(d) any action plans to correct deficiencies that were identified during the exercise.

(13) The operator of an airport shall keep exercise records for 10 years after the day on which the record is made.

(14) The operator of an airport shall submit debriefing minutes and corrective action plans relating to an exercise to the Minister upon request.

Authorization

302.209 The Minister may, upon application by the operator of an airport, provide to the operator written authorization not to conduct the full-scale exercise during an interval set out in paragraph 302.208(1)(a) or (b) if the operator demonstrates that the testing requirements for a full-scale exercise have been met through an activation of the emergency plan in response to an emergency during that interval.

[302.210 to 302.300 reserved]

3. The headings before sections 302.01 to 302.11 of the Regulations are converted from italics to roman type to conform with the format of the new division headings enacted by these Regulations.

COMING INTO FORCE

4. These Regulations come into force on the day that is one year after the day on which they are published.

SCHEDULE
(Subsection 302.208(1))

[40-1-o]

Footnote 1

A notice containing operationally significant information the timely knowledge of which is essential to personnel concerned with flight operations. A NOTAM will be issued promptly whenever the information to be disseminated is of tem-porary nature and short duration or when changes of longer duration are made at short notice.

Footnote 2

Commission of Inquiry into the Air Ontario Crash at Dryden, Ontario, Final Report, Volume III, Minister of Supply and Services, Canada, 1992 (Cat. No. CP 32-55/3-1992E), p. 1208.

Footnote a

S.C. 1992, c. 4, s. 7

Footnote b

S.C. 2004, c. 15, s. 18

Footnote 3

SOR/96-433

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