Canadian Aviation Regulations (SOR/96-433)

Duties of Operations Manager

• 604.204 (1) The operations manager shall

  • (a) manage the safety management system;

  • (b) implement the safety management plan referred to in paragraph 604.203(1)(b);

  • (c) implement the safety oversight program referred to in paragraph 604.203(1)(c);

  • (d) implement the procedures referred to in paragraph 604.203(1)(d) in respect of all documents relating to the safety management system;

  • (e) implement the emergency response procedures referred to in paragraph 604.203(1)(e);

  • (f) implement the quality assurance program referred to in section 604.206;

  • (g) ensure that any deficiency identified by the quality assurance program is analyzed to determine its root cause and contributing factors;

  • (h) communicate to the private operator any finding produced by the safety management system in respect of a hazard to aviation safety;

  • (i) share, with any person with whom the private operator exchanges services, any finding produced by the safety management system that is likely to have an adverse effect on aviation safety; and

  • (j) analyze any information relating to aviation safety that is received from any person with whom the private operator exchanges services and take appropriate action to mitigate any hazard to aviation safety.

• (2) When a finding produced by the safety management system is reported to the operations manager, the operations manager shall

  • (a) determine what corrective actions are necessary to address that finding, if any, and carry out those actions;

  • (b) keep a record of any determination made under paragraph (a) and the reason for that determination;

  • (c) if the operations manager has assigned management functions to another person, communicate any determination made under paragraph (a) to that person; and

  • (d) notify the private operator of any deficiency that reduces the effectiveness of all or part of the safety management system, and of the corrective action carried out.

Duties of Personnel

604.205 The personnel of a private operator shall

• (a) report to the operations manager any issue relating to the safety management system, including

  • (i) deficiencies, and

  • (ii) aviation-safety-related hazards, incidents or accidents; and

• (b) share, with any person with whom the private operator exchanges services, any information relating to aviation safety.

Quality Assurance Program

• 604.206 (1) The quality assurance program shall make provision for sampling the private operator’s processes in order to measure

  • (a) the private operator’s effectiveness in conducting an audit under subsection (2); and

  • (b) the private operator’s ability to carry out its activities effectively and safely.

• (2) An audit required by the quality assurance program shall be conducted

  • (a) within 12 months after the day on which the private operator registration document was issued;

  • (b) subject to paragraph (c), within 12 months after the day on which the previous audit was completed;

  • (c) within 36 months after the day on which the previous audit was completed, if

    • (i) the private operator submits to the Minister a risk assessment establishing that the private operator is capable of managing the aviation-safety-related risks that may occur during that 36-month period, and

    • (ii) none of the following events have occurred since the day on which the previous audit was completed:

      • (A) a major incident,

      • (B) a major change in the private operator’s activities, and

      • (C) a finding resulting from a review of the safety management system and indicating that the quality assurance program is not achieving its objectives;

  • (d) following an accident, or incident, that affects aviation safety; and

  • (e) following the identification, as a result of a review of the safety management system, of a deficiency that reduces the effectiveness of all or part of the safety management system.

• (3) A quality assurance program shall include

  • (a) checklists of all of the activities carried out by the private operator;

  • (b) procedures for determining what corrective actions are necessary to eliminate the root cause and contributing factors of each finding of non-compliance with these Regulations;

  • (c) procedures for monitoring corrective actions to ensure that they are effective;

  • (d) a system for recording the following information:

    • (i) the findings resulting from an audit, and any supporting documentation,

    • (ii) an analysis of the root cause and contributing factors of any deficiency identified by the quality assurance program,

    • (iii) any corrective action, and

    • (iv) any follow-up action; and

  • (e) procedures for ensuring that each finding resulting from an audit is communicated to the operations manager and to any person who has been assigned management functions respecting the safety management system, and is made available to the private operator.

• (4) An audit conducted under paragraph (2)(d) or (e) shall be a complete audit.

• (5) No private operator shall assign a duty relating to the quality assurance program to a person who is responsible for carrying out a task or an activity evaluated by that program unless

  • (a) owing to the size, nature and complexity of the private operator’s operations and activities, it is impractical to assign the duty to a person who is not responsible for carrying out the task or activity;

  • (b) based on a risk analysis, assigning the duty to a person responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and

  • (c) the operation of the audit system in relation to the quality assurance program will not be compromised.

Review of the Safety Management System

• 604.207 (1) A periodic review of the safety management system shall measure the effectiveness of the system in the attainment of the performance goals referred to in subparagraph 604.203(1)(b)(ii).

• (2) A review of the safety management system shall be conducted

  • (a) within 12 months after the day on which the private operator registration document was issued;

  • (b) within 12 months after the day on which the previous review was completed; or

  • (c) following an accident, or incident, that affects aviation safety.

• (3) A review of the safety management system shall include procedures for

  • (a) identifying any deficiency in the operation of the safety management system;

  • (b) investigating and analyzing the root cause and contributing factors of any deficiency identified by the review; and

  • (c) ensuring that corrective actions are effective and are used on an ongoing basis to improve the safety management system.

• (4) A review conducted under paragraph (2)(c) shall be a complete review.

• (5) No private operator shall assign a duty relating to a review of the safety management system to a person who is responsible for carrying out a task or an activity that is the subject of the review unless

  • (a) owing to the size, nature and complexity of the private operator’s operations and activities, it is impracticable to assign the duty to a person who is not responsible for carrying out the task or activity;

  • (b) based on a risk analysis, assigning the duty to a person responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and

  • (c) the integrity of the review of the safety management system will not be compromised.

Duties of Private Operator — Review

604.208 The private operator shall

• (a) conduct the review of the safety management system under section 604.207;

• (b) determine what corrective actions are necessary to address any deficiency identified by the review, and carry out those actions;

• (c) keep a record of any determination made under paragraph (b) and the reason for it; and

• (d) if the private operator has assigned management functions to another person, provide that person with a copy of that record.

[604.209 to 604.219 reserved]

Division XIII — Flight Attendants and Emergency Evacuation

Interpretation

• 604.220 (1) For the purposes of this Division and subject to subsection (2), model means aircraft master series as described in section 3.7 of version 1.3 of the document entitled International Standard for Aircraft Make, Model, and Series Groupings, dated October 2012 and published by the Common Taxonomy Team of the International Civil Aviation Organization (ICAO) and the Commercial Aviation Safety Team (CAST).

• (2) If no aircraft master series is assigned to an aeroplane, model in respect of that aeroplane means aircraft model as described in section 3.6 of version 1.3 of the document entitled International Standard for Aircraft Make, Model, and Series Groupings, dated October 2012 and published by the Common Taxonomy Team of the International Civil Aviation Organization (ICAO) and the Commercial Aviation Safety Team (CAST).

Minimum Number of Flight Attendants

• 604.221 (1) No person shall conduct a take-off in an aeroplane that is operated by a private operator and is carrying more than 12 passengers unless the take-off is conducted with the minimum number of flight attendants required on each deck.

• (2) Subject to subsections (3) to (5), the minimum number of flight attendants required on each deck is one flight attendant for each unit of 50 passengers or for each portion of such a unit.

• (3) No flight attendants are required if

  • (a) the aeroplane has 13 to 19 passengers on board;

  • (b) the aeroplane is operated by a pilot-in-command and a second-in-command;

  • (c) the passenger cabin is readily accessible from the flight deck; and

  • (d) the flight crew members are able to exercise supervision over the passengers during flight by visual and aural means.

• (4) If a private operator has carried out a successful demonstration of its emergency evacuation procedures for a model of aeroplane using more flight attendants than would have been required in accordance with the ratio set out in subsection (2), the minimum number of flight attendants required on each deck of an aeroplane of that model that is operated by the private operator is the number of flight attendants used in the demonstration.

• (5) If the emergency evacuation demonstration required for the certification of a model of aeroplane was carried out using more flight attendants than would have been required in accordance with the ratio set out in subsection (2), the minimum number of flight attendants required on each deck of an aeroplane of that model is the number of flight attendants required in accordance with the ratio set out in subsection (2) plus an additional number of flight attendants that is equal to the difference between

  • (a) the number of flight attendants used in the demonstration, and

  • (b) the number of flight attendants that would have been required in accordance with the ratio set out in subsection (2) at the time of the demonstration.

• (6) If there is a conflict between subsection (3) and subsection (4) or (5), subsection (3) prevails to the extent of the conflict.

Emergency Features

604.222 No private operator shall operate an aeroplane that is configured for 20 or more passenger seats unless the features that facilitate emergency evacuations meet the requirements set out in section 624.222 of Standard 624 — Emergency Features of the General Operating and Flight Rules Standards.

Demonstration of Emergency Evacuation Procedures

• 604.223 (1) A private operator who decides to introduce a model of aeroplane into its fleet for the purpose of carrying passengers shall carry out a successful demonstration of its emergency evacuation procedures for that model of aeroplane before operating an aeroplane of that model to carry passengers.

• (1.1) Despite subsection (1), the demonstration of emergency evacuation procedures is not required if the private operator has

  • (a) carried out a successful demonstration of its emergency evacuation procedures for another model of aeroplane in its fleet;

  • (b) conducted a comparative analysis to ensure that there is no difference in any of the following items between the model of aeroplane for which a successful demonstration has been carried out and the model of aeroplane being introduced:

    • (i) the location of the flight attendants and their emergency evacuation duties and procedures,

    • (ii) the number, location and type of emergency exits, and

    • (iii) the number, location and type of opening mechanisms for the emergency exits;

  • (c) verified that no changes have been made to any of the items listed in subparagraphs (b)(i) to (iii), in respect of the model of aeroplane for which a successful demonstration has been carried out, between the time of the successful demonstration and the time the comparative analysis is conducted; and

  • (d) before operating an aeroplane of the model being introduced to carry passengers, made a record — that it keeps for at least five years after the day on which the record is made — of

    • (i) its decision to use the results of a successful demonstration of its emergency evacuation procedures for another model of aeroplane instead of carrying out a demonstration for the model of aeroplane it has decided to introduce, and

    • (ii) the model of aeroplane for which a successful demonstration has been carried out and the model of aeroplane it has decided to introduce.

• (2) If a private operator decides to introduce an aeroplane into its fleet and there is a difference in any of the following items between that aeroplane and other aeroplanes of the same model that are already in the fleet, the private operator shall treat the aeroplane as if it were a different model of aeroplane and carry out a successful demonstration of its emergency evacuation procedures for that model before operating the aeroplane to carry passengers:

  • (a) the location of the flight attendants or their emergency evacuation duties or procedures;

  • (b) the number, location or type of emergency exits; or

  • (c) the number, location or type of opening mechanisms for the emergency exits.

• (3) A private operator who decides to change any of the following items in respect of an aeroplane shall carry out a successful demonstration of its emergency evacuation procedures for the model of that aeroplane, as changed, before operating the aeroplane to carry passengers:

  • (a) the location of the flight attendants or their emergency evacuation duties or procedures;

  • (b) the number, location or type of emergency exits; or

  • (c) the number, location or type of opening mechanisms for the emergency exits.

• (4) Subsections (1) to (3) do not apply in respect of a model of aeroplane that is configured to carry fewer than 44 passengers.