EASA Regulatory Framework A Canadian Perspective Presentation to EASAs International Cooperation For

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EASA Regulatory Framework - A Canadian
Perspective Presentation to EASAs
International Cooperation ForumWorkshop 5
Legal/Institutional Aspects30 October 2008by
Gilles Morin
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Agenda

• Introduction
• Transport Canada Civil Aviation (TCCA) vs. EASA
  Regulatory Framework
• Flight 2010
• Safety Management Systems
• Accountability Framework
• Approved Design Orgnizations
• Legal Implications
• TCCAs Design Standards based on EASAs
  Certification Specifications (CS)
• Canada-Europe Aviation Safety Agreement

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INTRODUCTION

• Purpose of this briefing is
• To explain the Canadian Aviation Regulations
  (CAR) system and describe some of the
  similarities with the European civil aviation
  regulatory framework
• To discuss examples of how each regulatory
  framework influences each other.

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TCCA/EASA Regulatory Instruments
Aeronautics Act
Basic Regulation
Canadian Aviation Regulations
Implementation Rules
IR / CAR
Airworthiness Manual
Certification Specifications
CS / AWM
Advisory Circulars
Acceptable Means of Compliance / Guidance
Material
AMC / AC
Staff Instructions

EASA Administrative procedures
GM / SI
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Canadian Aviation Regulations

• Part I - General Provisions
• Part II - Aircraft Identification and
  Registration and Operation of a Leased Aircraft
  by a Non-registered Owner
• Part III - Aerodromes, Airports and Heliports
• Part IV - Personnel Licensing and Training
• Part V - Airworthiness
• Part VI - General Operating and Flight Rules
• Part VII - Commercial Air Services
• Part VIII - Air Navigation Services
• Part IX - Repeals and Coming into Force

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TCCA REGULATORY STRATEGIC PRINCIPLES
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FLIGHT 2010

• F2010 is the TCCA Strategic Direction we must
  satisfy.
• The four goals of F2010 strategic plan are
• Commitment from the aviation community to sustain
  a strong safety culture.
• Trust and Confidence of stakeholders in the civil
  Aviation Program.
• Alignment of expectations for Civil Aviation and
  stakeholders.
• Compliance with regulatory requirements.

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Safety Management System (SMS)

• A documented process for managing risks that
  integrates operations and technical systems with
  the management of financial and human resources
  to ensure aviation safety or the safety of the
  public.
• Transport Canada committed to the implementation
  of safety management systems in aviation
  organizations.
• Improves safety through pro-active management
  rather than reactive compliance with regulatory
  requirements.
• Applies to holders of Transport Canada issued
  operation certificates.

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Accountability Framework (AF)

• An Accountability Framework is a structure where
• Each stakeholder have clear understanding of
  their roles and obligations.
• No confusion exists on WHO is accountable for
  WHAT.

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SMS and AF in Design Organizations

• SMS must be applied to design organizations to
  enhance the accountabilities of each
  stakeholders.
• To implement SMS within Design organizations,
  TCCA must first develop a tool to recognize their
  knowledge and technical capabilities.
• TCCA will introduce Approved Design Organizations
  (ADO) certification.
• The ADO model is strongly influenced by the
  European Design Organization Approval (DAO)
  requirements found in IR-21.

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How does this approach compare to EASAs DOA?

• EASAs DOA model serves as a basis for TCCAs ADO
  
• Eligibility requirements already exist for
  applicants and holders.
• DOA scheme very similar to accreditation scheme
  being considered by TCCA.
• Alternate procedures scheme exists for certain
  types of design approvals.
• No Delegation scheme exists.
• No offence-creating provisions for unfulfilled
  obligations.

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Legal implications

• Accountability implies an obligation, that if
  unfulfilled, leads to some form of legal or
  punitive action (enforcement).
• In accordance with the Aeronautics Act, the
  Minister can designate provisions in our
  regulation
• Eg. The holder of a type certificate holder
  shall
• CAR 103 sets the monetary penalty against a
  person whom the Minister believes has contravened
  a designated regulation.

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Legal implications

• Offence creating provisions require or prohibit a
  specific behavior or conduct from a person.
• The designated provision must include all the
  necessary details in order for the regulatee to
  be aware of what needs to be done to comply with
  the regulatory requirement.

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Legal implications without/with ADO

• Without ADO, non compliances cannot be addressed
  adequately because no approval certificate exists
  for the design organization. Only a type design
  certificate exists.
• With ADO, non compliances can be better addressed
  because roles, responsibilities and obligations
  of the certificates (organization and product)
  holders will be clearly defined.
• ADO certificate also allows to have a
  well-balanced oversight between type design and
  system.
• ADO certificate also clearly distinguishes
  between delegation and privileges

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Design Standards based on CS

• Gliders and Powered Gliders
• CS-22 now serves as the basis for the
  requirements for AWM 522
• Very Light Aircraft (VLA)
• CS-VLA being considered as the new basis for the
  requirements.
• CS-22 and CS-VLA used and adapted as the model
  for the equivalent Canadian design standards
  supplemented by additional airworthiness
  requirements based on operational experience and
  environmental conditions in Canada.
• Changes to CS can be adopted into AWM using
  simplified rulemaking procedure.

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Canada - Europe Aviation Safety Agreement

• Promote reciprocal acceptance of each others
  certification processes in the approval of civil
  aviation products and services.
• Enhance aviation safety through diligently
  resolving aeronautical safety issues between
  Canada and Europe.
• Facilitation of reciprocal acceptance of
  aeronautical products and services between Canada
  and Europe.
• Reduced need for re-certification and audits
  resulting in economic benefits for both European
  and Canadian aviation industry.

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For more information.

• General information
• http//www.tc.gc.ca/CivilAviation/menu.htm
• Canadian Aviation Regulations
• http//www.tc.gc.ca/CivilAviation/RegServ/affairs/
  cars/menu.htm
• Safety Management Systems
• http//www.tc.gc.ca/CivilAviation/SMS/menu.htm
• Designated Provisions
• http//www.tc.gc.ca/CivilAviation/Regserv/Affairs/
  cars/Part1/103.htm103_08

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Questions