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General Information On The CARs
General Information On The CARs
General Information On The CARs
Introduction
In 1996 a revised set of aviation safety rules came into force in a consolidated and
simplified format known as the Canadian Aviation Regulations (the CARs). The CARs
are a culmination of several years of work, incorporating a new rule-making process and
several new principles and recommendations.
1. Background
(1) Old Regulatory Structure
The old regulatory structure consisted of three elements:
(a) The Aeronautics Act
The Aeronautics Act (Act) is an act of Parliament providing the basis for the regulation of
aeronautics. The Act empowers the Governor in Council (Special Committee of the
Cabinet) to make regulations to carry out the Minister's mandate.
(b) Regulations
Regulations are rules of conduct made by the Cabinet on the advice of the Minister of
Transport or by the Minister him or herself. In the legal sense, the Air Regulations, Air
Regulations Series (which began to be published in the mid 1980's to replace the Air
Regulations and Air Navigation Orders) and Air Navigation Orders (ANOs) are
considered "regulations" in that they are all rules of conduct prescribing or directing
action or forbearance. The making, amending and repealing of "regulations" must follow
certain legal requirements as set out in the Statutory Instruments Act.
(c) Standards Documents
Many of the regulatory provisions made under the Act incorporate "standards"
publications by reference.
There are two principal types of standards: those which set out criteria and conditions to
be met for the issuance and maintenance of a Canadian aviation document; and those
which set out the "how-to" of complying with a specific rule of conduct.
2. CARs Principles
In keeping with Aviation Regulation's philosophy of a shared commitment with the
aviation community to safety, the CARs include the following four regulatory principals:
(1) Applying a Risk-based Approach to Regulation
The CARs were developed taking into account the safety risks inherent in aviation
activities and the potential consequences of non-compliance. Consequently, commercial
activities attract the greatest level of regulation while recreational aviation activities
involve minimal regulation and encourage self-regulation. Similarly, the level of
regulation differs amongst the types of commercial activities, for instance, the
regulations for air taxi operations are much less onerous than those for commuter
operations.
(2) Minimizing the Regulatory Burden
In the CARs, regulations are based on identified needs and safety deficiencies. In so far
as it is practicable the regulations are also harmonized with those of the United States
(FARs) and the European Union (JARs). The CARs are intended to be cost-effective;
allowing for technical innovation and business practices tailored to an operator's specific
requirements.
(3) Increasing the Delegation of Regulatory Authorities
The CARs recognize the extensive use of industry delegates to exercise a variety of
regulatory authorities. Delegations are made based on need and cost-effectiveness and
recognize the expertise in the private sector. Delegates are closely monitored by
Transport Canada Aviation to ensure their continued competency.
(4) Increasing Communication with the Aviation Community - CARAC
The CARs were developed in partnership with the aviation community through CARAC,
which continues to play a pivotal role in ongoing rule making.
In this example, the CARs incorporates by reference the standard set out in the Canada
Air Pilot for instrument approach procedures.
While some standards continue to exist in an independent manual (i.e. the Canada Air
Pilot or Designated Airspace Handbook), other standards are published in a format
complementing the CARs in which the standard is referenced. For example, there is no
longer a Personnel Licensing Handbook, instead there is a specific standard
complementing each Subpart of Part IV of the CARs.
In addition, certain documents which previously contained guidelines have now become
standards documents.
(4) Advisory Materials
Advisory Materials are recommended procedures or guidance material which provide
information in respect of a regulation or a standard.
The index located at the beginning of the CARs shows the breakdown of the regulatory
provisions into parts, and then subparts. It also provides a brief description of each part
and subpart. By consulting the index, it is possible to quickly narrow the search for the
key regulatory provisions by identifying the subparts which are most likely applicable
and by eliminating those which are clearly inapplicable.
(2) Consult the Table of Contents (Subparts)
At the beginning of each subpart is a table of contents which lists the divisions and
describes the sections found within each division. Thus, once the applicable subparts
have been identified, the appropriate tables of contents can be consulted to locate
sections which appear to be relevant. By reading these sections, key sections are
identified. It may be useful to create a list of relevant sections.
(3) Read the Relevant Sections
Read each section on the list to identify the key provisions and any provisions which
may qualify the key provisions.
Example
To find the requirements with respect to operation of aircraft when icing conditions may
be present you would do the following:
(a) Consult the CARs Index
Consulting the CARs index allows you to eliminate parts II (Identification, Registration
and Leasing of Aircraft), III (Aerodromes and Airports), IV (Personnel Licensing and
Training), and VII (Commercial Air Services). Parts V (Airworthiness) and VI (General
Operating and Flight Rules) may contain provisions of interest.
The subpart description in the index reduces the list of relevant subparts to:
507 - Flight Authority
602 - Operating and Flight Rules
605 - Aircraft Requirements
606 - Miscellaneous
Subsections may be self-contained (as shown in subsections 704.17(1), (2) and (3)) or
can consist of several paragraphs. Both types of subsections end with a period (.). This
is because each subsection deals with a distinct, but related concept.
(ii) Paragraphs and Subparagraphs
Unlike sections and subsections, paragraphs, whether self-contained or further broken
down into subparagraphs, are always connected by way of a semi-colon (;).
Subparagraphs are also always connected, regardless of whether they are selfcontained or further broken down, by way of a comma (,).
(iii) Clauses and Subclauses
Clauses, whether self-contained or further broken down into subclauses, are always
connected by way of a comma (,). Similarly subclauses are always connected by way of
a comma(,).
Example: Section 604.73
This section consists of three subsections. Each subsection has been broken down into
paragraphs. Paragraph 604.73(3)(a) is further broken down into subparagraphs and
clauses.
(b) Identify Key Words and Phrases
In addition to using standard punctuation, legislation also uses certain key words and
phrases.
(i) "And" and "Or"
A key to understanding provisions which are connected by a semi-colon or a comma, is
to determine whether the provisions are connected by the word "and" or "or". "And" is a
conjunction which requires that every provision (usually a condition) it joins be satisfied.
"Or" is a conjunction which requires that at least one of the provisions (or conditions)
must be satisfied.
Example: Section 702.19
In this section two choices are given to a pilot-in-command of a helicopter; to follow all
the conditions set out in paragraph (a) or to follow all the conditions set out in paragraph
(b).
(ii) Mandatory and Permissive Words
As discussed, there are two types of provisions in the CARS: offence-creating provisions
and administrative provisions. An offence-creating provision uses mandatory words
such as: "shall," "will," and "must." Where the legislation states that a person "shall" do
something, he or she has no choice but to do it. Conversely, where a provision states
that "no person shall" do something, he or she is prohibited from doing a certain act.
Example: Subsection 602.86(2).
This subsection prohibits a person from operating an aircraft with carry-on baggage,
equipment or cargo on board unless one of the four methods of stowage/restraint set
out in paragraphs (a), (b), (c) and (d) are followed.
Permissive words and phrases such as "may," "should," and "it is (strongly)
recommended" denote a suggestion as opposed to a legal obligation. While it may be
highly desirable that a person do something, he/she is not obligated under the law to do
it; there are generally no legal consequences if the person opts not to do it.
Note:
The word "may" is also used in provisions which provide exceptions to mandatory
provisions
Examples: Subsections 703.106(1) and (2).
In the above example, a mandatory provision is set out in subsection (1) and an
exception (or in this case an alternative) is set out in subsection (2).
(iii) Conditional Words and Phrases
Certain provisions include qualifiers or conditions, as indicated by the words "subject
to", "if" and "unless".
Example: subsection 703.106(1)
The mandatory requirement set out in the above subsection is qualified by the words
"subject to subsection (2)", and the exception set out in subsection (2) is qualified by the
condition, "if the air operator has established in its company operations manual
procedures for amending that manual".
(iv) Incorporation by Reference
As discussed, the CARs incorporate by reference various standards documents.
Consequently, when a document is referred to by the CARs, you must also read the
relevant sections of that standards document to fully understand the CARs provision.
Example 1: Section 602.74
The above section incorporates by reference information set out in the Canada Flight
Supplement. Therefore, to comply with the mandatory requirement set out in this
section, you must also read the appropriate sections of the Canada Flight Supplement.
Example 2: paragraph 702.17(1)(b)
Similarly, the above paragraph incorporates by reference the Commercial Air Service
Standards.
(c) Interpret Key Words and Phrases
There are three types of words and phrases which you will encounter in the CARs:
(i) Defined Aviation-Related Words and Phrases
Several aviation-related words and phrases used throughout the CARs are defined
either in the CARs or the Act (e.g. "aircraft", "aeroplane", "land aircraft", "rocket", etc.).
These definitions are crucial to ascertaining the meaning and applicability of a provision.
(ii) Undefined Commonly Used Words and Phrases
To fully understand a provision, you will have to identify and interpret several commonly
used words and phrases, such as:
(A) Prepositions
Such words as "between," "on" and "within" can be crucial in understanding a provision.
The general meaning of these words and examples of their use are set out in Appendix
B.
(B) Legally Derived Words and Phrases
Many of the problems in understanding legislation are caused by the overuse of archaic
legal words and phrases (e.g. "as heretofore described," "in accordance with," "in
pursuance thereof," "notwithstanding" etc.). The trend in recent years has been to
simplify the wording of legislation as much as practical and replace archaic legal terms
with everyday language. Appendix Csets out archaic legal terms and their everyday
equivalent.
(C) Deeming Provisions
Generally, a deeming provision ("shall be deemed...") treats as true, for the purposes of
law, that which is not necessarily true in fact.
Often a deeming provision expands the scope of a concept to include things that would
not otherwise be associated with that concept.
Example: Subsection 602.14(1).
The above example expands the concept of built-up area.
A deeming provision may also be used to remove any doubts as to whether a concept
does or does not include particular things.
Example: Subsection 705.34(4).
Note:
As illustrated in the above examples, the deeming provision is specifically limited in its
application (ie., ..."for the purposes of this Subpart...").
(D) Vague Commonly Used Words
Although the CARs have tried to eliminate vague commonly used words, you may still
encounter words such as, "adequate," "suitable," "as soon as practicable" and
"appropriate". In interpreting these words, start with the dictionary meaning, choose the
one which appears to be most applicable and then determine, based on the facts and
circumstances, what is "adequate," "suitable," etc.
For instance, the word "adequate" generally means "sufficient", "equal to what is
required", "suitable to the case or occasion" or "satisfactory." What is considered to be
adequate depends on the situation or context. Often there will be few guidelines and
much uncertainty. Some of this uncertainty can be resolved by considering industry
practice. In any case, it is advisable to consult the appropriate Transport Canada
personnel.
Very similar in meaning are the words "suitable" ("well fitted for the purpose,"
"appropriate to the occasion") and "appropriate" ("suitable or proper").
The phrase "as soon as practicable" generally means "as soon as can be reasonably
expected" (as opposed to as soon as possible). What is reasonable depends on the
facts and circumstances of each case, including what may be customary. In interpreting
this phrase, it is advisable to consult the appropriate Transport Canada personnel.
Example: Subsection 602.76(4).
(E) Words Found Within Definitions
In reading a definition you will often encounter the word "means" or "includes".
The word "means" indicates a specific and exhaustive definition of the term in question.
Something is not encompassed by a term if it does not fall squarely within the term's
definition.
Example: Subsection 602.04(1).
Thus a beverage containing 2.5 per cent or less of proof spirits is not an "intoxicating
liquor" for the limited purposes of Section 602.04.
The word "includes" refers to a qualifier, example or a series of examples which helps to
expand or clarify the meaning of a particular term or word. The qualifier or example
(iv) paragraph (a) requires that the "landing is necessary to avoid endangering the
safety of the persons on board". The words necessary and endangering ("to cause
danger"; "to expose to loss or injury") can be given their ordinary dictionary meaning.
Whether the actions were necessary to avoid endangering will be determined by the
facts;
(v) paragraph (b) requires that the pilot-in-command contact the appropriate ATC unit or
flight service station, and sets out in subparagraphs (i) through (iii)all the mandatory
items which that communication must contain;
(vi) paragraph (b) uses several aviation-related terms defined in Subpart 101, such as:
"pilot-in-command" "air traffic control unit" and "flight service station"; and
(vii) paragraph (b) uses two vague commonly used terms: "appropriate" and "as soon as
possible" (which is not the same thing as "as soon as practicable").
(i)Division I
The above Division sets out the requirements for incorporating standards by reference,
including consultation requirements.
(ii)Division II
The above Division deals with several compliance activities (such as inspection of
aircraft and documents, and the return of Canadian aviation documents) as well as new
provisions with respect to record keeping which reflect technological advances.
(iii) Division III
The above Division contains the provisions formerly found in the Canadian Aviation
Document Regulations (Air Regulations, Series I, No. 2).
(iv) Division IV
(v)The above Division contains the "designated provisions" and the schedule formerly
found in the Designated Provisions Regulations (Air Regulations, Series I, No. 3).
(vi) Division V
The above Division introduces new rules concerning the preservation and return of
evidence, including aircraft. Section 103.12 notes that the Minister is not required to
make repairs or modifications to anything seized or detained.
(vii) Division VI
(viii) The above Division sets out a new definition of "principal" which clarifies the
Minister's authorities to suspend, cancel or refuse to issue or renew a Canadian aviation
document on the grounds of public interest.
(d) Subpart 104 - Charges
This Division incorporates the fees and charges previously contained in Air Regulations,
section 820 and the Aircraft Marking and Registration Charges Regulations (Air
Regulations, Series II, No.