|
Transport Canada recently introduced a new regulation requiring certain certificate holders to appoint an Accountable Executive.
The amendments to the Canadian Aviation Regulations (CARs) were published in Part I of the Canada Gazette on March 5, 2005. A 30-day response period followed, during which interested parties commented on the proposed amendments.
After careful consideration of all comments received, Transport Canada finalized the regulations and they were published in Part II of the Canada Gazette on June 15, 2005.
The amendment to CAR 106.02 establishes a requirement for all air operators and Approved Maintenance Organization’s to identify the senior executive who will act on their behalf regarding ongoing compliance with regulations as well as a requirement to submit to the Minister, within 30 days of his or her appointment, a signed statement accepting the responsibilities of the position.
There is no personal liability associated with the position of an Accountable Executive as this individual represents the certificate holder. The certificate holder retains all liability for non-compliance with the regulations. This should not create an additional regulatory burden for operators, as the certificate holder has always been responsible for compliance. The Accountable Executive requirement is primarily a matter of identifying the senior individual who will discharge the certificate holder’s responsibilities, and particular, lead the necessary cultural change.
The Accountable Executive and safety management system regulations are the first steps in initiating a new regulatory approach for Transport Canada that will strengthen our partnerships with industry and assist us in meeting the safety challenges posed by new technology and increased global interconnectedness. Transport Canada intends to introduce requirements for all holders of operational or similar types of certificates, which are issued pursuant to the CARs to appoint an Accountable Executive and to institute a safety management system.
Many of Transport Canada’s guidance material on safety management systems refer to the Accountable Executive requirement. Consult the following documents to assist with the selection of an Accountable Executive:
|
