Military Airworthiness Investigation Regulations

Contents

Whereas, pursuant to subsection 24.5(2) of the Aeronautics Act, a copy of the proposed Military Airworthiness Investigation Regulations, in the annexed form, was published in the Canada Gazette, Part I, on April 14, 2018 and a reasonable opportunity was given to interested persons to make representations to the Minister of National Defence with respect to the proposed Regulations;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to subsections 24.2(1) and (3) and 24.5(1) of the Aeronautics Act, makes the annexed Military Airworthiness Investigation Regulations.^note^note

Interpretation

1Definitions#

The following definitions apply in these Regulations.

Act means the Aeronautics Act. (Loi)

air traffic services means the issuance of air traffic control clearances or other aerospace control instructions or the provision of aeronautical safety information, including aviation weather information and serviceability reports in respect of aerodromes and radio navigation aids. (services de circulation aérienne)

owner, in respect of an aircraft, means the person who has legal custody and control of the aircraft. (propriétaire)

Report to Authority

2Mandatory reporting#

(1)Any civilian who is an owner, pilot-in-command or crew member of an aircraft, has possession of an aircraft as lessee or otherwise, holds a Canadian aviation document with respect to an airport or heliport, is in charge of an airport or heliport, whether as employee, agent or representative of the holder of the Canadian aviation document, or provides air traffic services or maintenance services in respect of an aircraft or other aeronautical product must report to the Authority if they have direct knowledge of

(a)any of the following accidents or incidents that is a military-civilian occurrence:

(i)a person sustaining an injury that requires medical intervention, becoming ill or dying as a result of being on board the aircraft, coming into contact with any part of the aircraft or its contents, conducting maintenance on the aircraft or other aeronautical product or being directly exposed to the aircraft’s jet or propeller blast or rotor down wash,

(ii)the aircraft sustaining damage, or experiencing a failure, that adversely affects the structural strength, flight characteristics or performance of the aircraft and that requires repair or replacement of any affected component,

(iii)the aircraft going missing or being inaccessible,

(iv)an engine failing or being shut down as a precautionary measure,

(v)a transmission gearbox malfunctioning,

(vi)smoke or fire that is not related to the normal operation of an aircraft or other aeronautical product being detected,

(vii)difficulties in controlling the aircraft as a result of any aircraft system malfunction, weather phenomena, wake turbulence, uncontrolled vibrations or operations outside the flight envelope,

(viii)the aircraft landing or taking off outside or partially outside the area intended for that purpose or landing with all or part of its landing gear retracted,

(ix)the aircraft dragging any of its parts,

(x)any crew member being unable to perform their duties as a result of a physical incapacitation or a malfunction of their life-support equipment,

(xi)a depressurization requiring an emergency descent, the activation of emergency systems or the use of emergency life-support equipment,

(xii)a fuel shortage requiring a diversion of the aircraft or approach and landing priority at the aircraft’s destination,

(xiii)the aircraft being serviced with the incorrect type of fuel or lubricant or with contaminated fuel or lubricant,

(xiv)a collision, other than a collision associated with normal operating circumstances, occurring between aircraft or between an aircraft and another object or terrain,

(xv)an aircraft coming so close to being involved in a collision described in subparagraph (xiv) that the safety of any person, property or the environment is compromised,

(xvi)the distance separating two aircraft being less than the minimum established in the most recent version of the Canadian Domestic Air Traffic Control Separation Standards, published by the Department of Transport,

(xvii)a crew member declaring an emergency or indicating any situation that requires priority handling by an air traffic control unit or the standing by of emergency response services,

(xviii)an accident or incident involving any device that is installed on an aircraft for emergency activation or for deployment or deployment and recovery during flight, including ejection seats, bombs, rockets, missiles, cartridge activated devices, jammers and targets,

(xix)a slung load being released from the aircraft unintentionally or as a precautionary or emergency measure,

(xx)dangerous goods, as defined in section 2 of the Transportation of Dangerous Goods Act, 1992, being released inside or from the aircraft,

(xxi)a defect or deterioration of an aeronautical product that is not expected as a result of normal operations or maintenance being discovered,

(xxii)an aeronautical product sustaining damage during maintenance,

(xxiii)an unauthorized deviation from an approved maintenance program for an aeronautical product,

(xxiv)any object being found in an aircraft that is out of place and could result in damage to the aircraft with or without the intervention of a person, or

(xxv)a tool being lost during maintenance of an aeronautical product; or

(b)an accident or incident referred to in one or more of subparagraphs (a)(i) to (xxv) that involves an aircraft or installation referred to in subparagraph (a)(i) of the definition military-civilian occurrence in subsection 10(1) of the Act.

(2)A civilian referred to in subsection (1) must report to the Authority any situation or condition of which they have direct knowledge if the Authority has informed them in writing that the Authority has reasonable grounds to believe that the situation or condition could, if left unattended, induce an accident or incident referred to in any of subparagraphs (1)(a)(i) to (xxv).

(3)A civilian is not required to report an accident, incident, situation or condition to the Authority if

(a)the civilian has reported it to the Canadian Transportation Accident Investigation and Safety Board in accordance with subsection 2(1) of the Transportation Safety Board Regulations; or

(b)the Authority has already received a report of it from another person.

3Required contents#

(1)For the purposes of section 2, the civilian must report, as soon as feasible and by the quickest means available, all of the following information that is available to them at the time of the accident, incident, situation or condition:

(a)the aircraft’s type, model, registration mark and country of registration;

(b)the name of the aircraft’s owner and pilot-in-command and of any person who has possession of the aircraft as lessee or otherwise;

(c)the aircraft’s last point of departure, the date and time of departure and the intended destination;

(d)the date and time of the accident, incident, situation or condition;

(e)the name of the person providing air traffic services in relation to the accident, incident, situation or condition;

(f)in the case of an accident or incident, the number of crew members, passengers and other persons that were involved and the number of those who died or sustained injuries that required medical intervention;

(g)the location of the accident, incident, situation or condition by reference to an easily defined geographical point or by latitude and longitude;

(h)a description of the accident, incident, situation or condition and the extent of any resulting damage to the environment and to the aircraft and any other property;

(i)a list of any dangerous goods, as defined in section 2 of the Transportation of Dangerous Goods Act, 1992, carried on board or released from the aircraft, including the shipping name or UN number and consignor and consignee information;

(j)if the aircraft is missing, the last known position of the aircraft by reference to an easily defined geographical point or by latitude and longitude, the date and time that the aircraft was at that position and the actions taken or planned to locate the aircraft;

(k)if the aircraft is inaccessible, the actions taken or planned to gain access to the aircraft;

(l)a description of any action taken or planned to protect persons, property and the environment; and

(m)the name and title of the person making the report and the telephone number and address at which they can be reached.

(2)Any information referred to in subsection (1) that is not available to the civilian at the time of the accident, incident, situation or condition must be reported to the Authority as soon as it becomes available to them.

4Voluntary reporting#

(1)If a civilian other than a civilian referred to in subsection 2(1) wishes to report any information concerning an accident or incident referred to in that subsection or a situation or condition referred to in subsection 2(2), they may report it to the Authority by any means.

(2)The identity of a civilian who reports information under subsection (1) is protected unless the civilian waives that protection in writing.

Investigations by the Authority

5Preservation of evidence#

(1)Every person that has the possession or control of evidence relating to a military-civilian occurrence must preserve that evidence until the Authority determines that the evidence is no longer required.

(2)Subsection (1) is not to be construed as preventing any person from taking necessary measures to ensure the safety of any person or the protection of property or the environment.

(3)Any person who takes the measures referred to in subsection (2) must, to the extent possible in the circumstances and before taking those measures, record the evidence by the best means available and, as soon as feasible, advise the Authority of their actions.

(4)The Authority may exempt any person from the requirement to preserve evidence if another person has already preserved that evidence.

6Observers#

(1)When the Authority is conducting an investigation of a military-civilian occurrence, the Authority may authorize an observer referred to in subsection 17(2) of the Act to do, under the supervision of an investigator, any or all of the following:

(a)attend at the location of the occurrence;

(b)examine the aircraft involved in the occurrence and the component parts and contents of the aircraft;

(c)to the extent permitted by the Act, examine any document or other information that is relevant and that relates to

(i)the activity during which the occurrence took place,

(ii)the crew members involved in the occurrence, and

(iii)the aircraft and its component parts and contents; and

(d)attend during the performance of laboratory tests or analyses.

(2)An observer may communicate or use, or permit to be communicated or used, information that they have obtained during the investigation only if the communication or use of that information is permitted under the Act and the Authority authorizes the communication or use in the interests of aviation safety.

7Witness fees and expenses#

A person who is required to attend before an investigator under paragraph 14(10)(a) of the Act is to be paid witness fees in the amounts set out in section 3 of Tariff A of the Federal Courts Rules and travel and living expenses determined in accordance with the rates and allowances set out in the National Joint Council Travel Directive that are in effect at the time of the attendance.

8Test under subsection 14(6) of the Act#

A person who is invited to be present at a test to destruction conducted under subsection 14(6) of the Act may

(a)be represented by a person having technical knowledge and expertise in the subject matter of the test; and

(b)record or cause to be recorded the condition of the thing being tested prior to, during and after the test.

9Warrant#

(1)A warrant issued under subsection 14(4) of the Act must be in the form set out in

(a)Form 1 of the schedule, in the case of a warrant requested by an investigator who appears personally; and

(b)Form 2 of the schedule, in the case of a warrant obtained by a means of telecommunication.

(2)For the purposes of subsection 14(5) of the Act, section 487.1 of the Criminal Code is to be read as follows:

10Notice — production of information or attendance#

(1)A notice under paragraph 14(10)(a) of the Act, requiring the production of information or attendance before the investigator, must be in the form set out in Form 3 of the schedule.

(2)A notice under paragraph 14(10)(b) of the Act, requiring a person directly or indirectly involved in the operation of an aircraft to submit to a medical examination, must be in the form set out in Form 4 of the schedule.

(3)A notice under paragraph 14(10)(c) of the Act, requiring a physician or other health practitioner to provide information concerning a patient, must be in the form set out in Form 5 of the schedule.

(4)A notice under paragraph 14(10)(d) of the Act, requiring the person who has custody of the body of a deceased person or other human remains to permit the performance of an autopsy on the body or other medical examination on the remains, must be in the form set out in Form 6 of the schedule.

Investigation File

11Creation of investigation file#

(1)If the Authority conducts an investigation into a military-civilian occurrence, the Authority must create and maintain a file relating to the investigation.

(2)The file must contain all the information that is relevant to the military-civilian occurrence and records of any representations made under subsection 18(2) of the Act.

(3)The Authority must keep the file for

(a)in the case of an investigation that is completed by the Authority, not less than 20 years after the date of the military-civilian occurrence; and

(b)in the case of an investigation that is completed by a person who is authorized to complete investigations on behalf of the Authority, not less than five years after the date of the military-civilian occurrence.

Coming into Force

12Registration#

These Regulations come into force on the day on which they are registered.

(Paragraphs 9(1)(a) and (b) and section 10)

CANADA(PROVINCE OR TERRITORY)To(name of investigator),Whereas it appears on oath of , an investigator designated by the Airworthiness Investigative Authority under subsection 13(1) of the Aeronautics Act, that he or she believes on reasonable grounds that there is, or might be, any thing or things,namely,that are relevant to a lawfully conducted investigation into one of the following:□ a military-civilian occurrence□ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence(description of the occurrence, accident or incident)and that are located at or in , in this form called the premises;This is, therefore, to authorize and order you, between the hours of and , to enter the premises and to search for the thing or things and to seize them until they are returned in accordance with section 15 of the Aeronautics Act;And furthermore, this is to authorize you to use force to the extent necessary to execute this warrant, provided that you are accompanied by a peace officer.Signed at (location) on (date) at (time)(name and signature)Provincial Judge (or) Justice of the Peace(judicial district or province)CANADA(PROVINCE OR TERRITORY)To(name of investigator) ,Whereas it appears on oath of , an investigator designated by the Airworthiness Investigative Authority under subsection 13(1) of the Aeronautics Act, that he or she believes on reasonable grounds that there is, or might be, any thing or things,namely ,that are relevant to a lawfully conducted investigation into one of the following:□ a military-civilian occurrence□ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence(description of the occurrence, accident or incident)and that are located at or in , in this form called the premises;And whereas it would be impracticable for the investigator to appear personally before me;This is, therefore, to authorize and order you, between the hours of and , to enter the premises and to search for the thing or things and to seize them until they are returned in accordance with section 15 of the Aeronautics Act;And furthermore, this is to authorize you to use force to the extent necessary to execute this warrant, provided that you are accompanied by a peace officer.Signed at (location) on (date) at (time)(name and signature)Provincial Judge (or) Justice of the Peace(judicial district or province)In the matter of the Airworthiness Investigative Authority investigation into one of the following:□ a military-civilian occurrence□ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence(description of the occurrence, accident or incident)To:Address:Whereas I believe on reasonable grounds that you are in possession of information relevant to the investigation, you are required to□ produce the following information or records no later than (time) on (date) at (location description or address):□ attend before me in order to give a statement, under oath or solemn affirmation, if required, concerning the matter at (location description or address) on (date) at (time)Failure to comply with this notice may result in a contravention of subsection 14(11) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.Signed at (location) on (date)(name and signature)Investigator designated under subsection 13(1) of the Aeronautics ActIn the matter of the Airworthiness Investigative Authority investigation into one of the following:□ a military-civilian occurrence□ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence(description of the occurrence, accident or incident)To:Address:Whereas you were directly or indirectly involved in the operation of(description of aircraft), andWhereas I believe on reasonable grounds that a medical examination is or might be relevant to the investigation, you are required to submit to a medical examinationat (location description or address)before (name of examiner)on (date) at (time)A medical examination does not include any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance. However, the person may be required to provide a urine sample.Information obtained as a result of the medical examination is privileged, subject to the power of the Airworthiness Investigative Authority to make any use of it that the Airworthiness Investigative Authority considers necessary in the interest of aviation safety.Failure to comply with this notice may result in a contravention of subsection 14(12) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.Signed at (location) on (date)(name and signature)Investigator designated under subsection 13(1) of the Aeronautics ActIn the matter of the Airworthiness Investigative Authority investigation into one of the following:□ a military-civilian occurrence□ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence(description of the occurrence, accident or incident)To:Address:Whereas I believe on reasonable grounds that you have information concerning a patient, namely , that is or might be relevant to the investigation, you are required to provide the following information:The information is to be provided to meat (location description or address)on (date) at (time)Failure to comply with this notice may result in a contravention of subsection 14(11) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.Signed at (location) on (date)(name and signature)Investigator designated under subsection 13(1) of the Aeronautics ActIn the matter of the Airworthiness Investigative Authority investigation into one of the following:□ a military-civilian occurrence□ an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence(description of the occurrence, accident or incident)To:Address:Whereas it appears that you have custody of the body of a deceased person, namely , or human remains of that person, andWhereas I believe on reasonable grounds that an autopsy of that body or a medical examination of those human remains is or might be relevant to the investigation, you are required to allow the performance of the autopsy or the medical examinationat (location description or address)by (name of examiner)on (date) at (time)Failure to comply with this notice may result in a contravention of subsection 14(11) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.Signed at (location) on (date)(name and signature)Investigator designated under subsection 13(1) of the Aeronautics Act

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.