Canada Gazette, Part I, Volume 150, Number 27: GOVERNMENT NOTICES
July 2, 2016
DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
| Name and position | Order in Council |
|---|---|
| Aylen, Mandy | 2016-563 |
|
|
|
|
| Business Development Bank of Canada | |
|
|
|
2016-527 |
|
2016-547 |
| Court of Appeal of Alberta | |
|
|
| Court of Queen's Bench of Alberta | |
|
|
| Court of Appeal for the Northwest Territories | |
|
|
| Court of Appeal of Nunavut | |
|
|
|
2016-558 |
|
2016-557 |
| Court of Queen's Bench of Alberta | |
|
|
| Court of Appeal of Alberta | |
|
|
|
2016-559 |
|
2016-562 |
|
2016-560 |
|
2016-561 |
| Downs, The Hon. Éric | 2016-554 |
|
|
|
|
| First Nations Tax Commission | |
|
|
|
2016-529 |
|
2016-528 |
| Freshwater Fish Marketing Corporation | |
|
|
|
2016-539 |
|
|
|
2016-540 |
|
2016-541 |
| Immigration and Refugee Board | |
|
|
|
2016-542 |
|
2016-543 |
|
2016-545 |
|
2016-544 |
|
2016-464 |
|
2016-546 |
| International Development Research Centre | |
|
|
|
2016-459 |
|
2016-460 |
|
2016-458 |
|
2016-462 |
|
2016-457 |
|
2016-461 |
|
|
|
2016-456 |
| Jennings, Philip | 2016-506 |
|
|
| Lauwers, The Hon. Peter D. | 2016-507 |
|
|
|
|
|
|
| MacLean, Leslie | 2016-504 |
|
|
| Perlmutter, The Hon. Shane I. | 2016-524 |
|
|
|
|
|
|
| Saulnier, Mireille A. | 2016-463 |
|
|
|
|
| Stringer, Kevin | 2016-505 |
|
|
| Superior Court of Justice in and for the Province of Ontario | |
|
|
| Court of Appeal for Ontario | |
|
|
|
2016-549 |
|
2016-551 |
|
2016-552 |
|
2016-550 |
|
2016-553 |
| Supreme Court of British Columbia | |
|
|
|
2016-555 |
|
2016-556 |
| Transportation Appeal Tribunal of Canada | |
|
|
|
2016-537 |
|
2016-533 |
|
2016-538 |
|
2016-532 |
|
2016-535 |
|
2016-536 |
|
2016-534 |
|
2016-531 |
|
2016-530 |
| Woods, The Hon. Judith M. | 2016-548 |
|
|
|
|
|
|
|
June 23, 2016
DIANE BÉLANGER
Official Documents Registrar
[27-1-o]
DEPARTMENT OF TRANSPORT
AERONAUTICS ACT
Interim Order No. 5 Respecting Flight Deck Occupants
Whereas the annexed Interim Order No. 5 Respecting Flight Deck Occupants is required to deal with a significant risk to aviation safety and the safety of the public;
And whereas, pursuant to subsection 6.41(1.2) (see footnote a) of the Aeronautics Act (see footnote b), the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances concerning the annexed Interim Order No. 5 Respecting Flight Deck Occupants;
Therefore, the Minister of Transport, pursuant to subsection 6.41(1) (see footnote c) of the Aeronautics Act (see footnote d), makes the annexed Interim Order No. 5 Respecting Flight Deck Occupants.
Ottawa, June 16, 2016
Marc Garneau
Minister of Transport
Interim Order
Terminology — Canadian Aviation Regulations
1 Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in subsection 101.01(1) of the Canadian Aviation Regulations.
Application
2 (1) Subject to subsection (2), this Interim Order applies in respect of
- (a) the operation of an aeroplane by an air operator under Subpart 5 of Part VII of the Canadian Aviation Regulations in a passenger-carrying air transport service; and
- (b) the operation in Canadian airspace of a passenger-carrying aeroplane, in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers, by a foreign operator under a Canadian foreign air operator certificate.
Exception
(2) This Interim Order does not apply in respect of an aeroplane that has a Class C or F cargo compartment located on the main deck between the flight deck and the passenger cabin.
Flight deck occupants — air operators
3 (1) Subject to section 5, an air operator must ensure that, if a flight crew member leaves the flight deck during flight time, one flight crew member and one other authorized person are present on the flight deck while the flight crew member who left the flight deck is absent.
Authorized persons
(2) For the purposes of subsection (1), an authorized person is
- (a) a flight crew member;
- (b) a Department of Transport air carrier inspector who presents an official identity card to the pilot-incommand of the aeroplane;
- (c) an employee of the air operator who is not a crew member;
- (d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air operator;
- (e) a crew member;
- (f) a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator; or
- (g) a person who is exempted from the application of subsection 705.27(3) of the Canadian Aviation Regulations by the Minister under subsection 5.9(2) of the Act.
Flight deck occupants — foreign operators
4 (1) Subject to section 5, a foreign operator must ensure that, if a flight crew member leaves the flight deck during flight time, one flight crew member and one other authorized person are present on the flight deck while the flight crew member who left the flight deck is absent.
Authorized persons
(2) For the purposes of subsection (1), an authorized person is
- (a) a flight crew member;
- (b) an inspector of the civil aviation authority of the state where the aeroplane is registered;
- (c) a Department of Transport air carrier inspector who presents an official identity card to the pilot-incommand of the aeroplane;
- (d) a crew member;
- (e) a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the foreign operator; or
- (f) a person who is exempted from the application of section 701.28 of the Canadian Aviation Regulations by the Minister under subsection 5.9(2) of the Act.
Exception
5 Sections 3 and 4 do not apply if only one flight attendant is on board the aeroplane and no other authorized person is on board.
Conflict
6 If there is a conflict between the Canadian Aviation Regulations and this Interim Order, this Interim Order prevails to the extent of the conflict.
EXPLANATORY NOTE
(This note is not part of the Interim Order.)
Proposal
Interim Order No. 5 Respecting Flight Deck Occupants (the “Interim Order”), made under subsection 6.41(1) of the Aeronautics Act by the Minister of Transport, requires that, in the case of two-person flight crews, when one flight crew member exits the flight deck, another authorized person must enter and remain until that flight crew member returns. Under the Interim Order, the authorized person's role is limited to unlocking the door manually, should it become impossible to unlock through other means.
This requirement applies to Canadian airlines (those conducting passenger-carrying service under Subpart 705 of the Canadian Aviation Regulations [CARs]) and foreign airlines (those conducting passenger-carrying services under Subpart 701 of the CARs) operating in Canadian airspace. This Interim Order does not apply to
- Flights operating with only one flight attendant, where there is no other authorized person;
- Aeroplanes that have a Class C or F cargo compartment located on the main deck between the flight deck and the passenger cabin; and
- Foreign aeroplanes overflying into Canadian airspace pursuant to a flight authorization (the Interim Order will still apply to operators that hold a Canadian foreign air operator certificate).
The Interim Order, in accordance with subsection 6.41(2) of the Aeronautics Act, ceases to have effect 14 days after it is made unless it is approved by the Governor in Council. Following approval, the Interim Order, in accordance with subsection 6.41(3) of the Aeronautics Act, will remain in effect for one year or until regulations having the same effect are made.
Objective
This Interim Order is intended to prevent a lone flight crew member with malicious intent from purposely denying entry on the flight deck to the second flight crew member or other authorized personnel.
Background
On March 24, 2015, a Germanwings Airbus A320 crashed in the French Alps, killing all 150 people onboard. On March 13, 2016, the French investigative authorities (BEA) released their final investigation report into the tragedy. The BEA concluded that the first officer, while alone on the flight deck, deliberately modified the autopilot settings and intentionally set the aircraft onto a collision course. The investigation further determined that he locked the flight deck door and prevented the captain from returning by ignoring his requests for access via key pad, cabin interphone and knocks on the door. The first officer was also unresponsive to the 11 communication attempts from both civil and military air traffic controllers.
The Germanwings tragedy brought to light risks associated with having only one flight crew member present on the secure flight deck. The CARs mandate passenger-carrying aeroplanes to be equipped with reinforced flight deck doors, which must be kept locked at all times from the moment entry doors are closed until they are opened on arrival. The CARs permit flight crew members to leave the flight deck where their absence is necessary for the performance of duties in connection with the operation of the aircraft, is in connection with physiological needs, or if they are taking a rest period and are relieved by other flight crew members. This is in line with the International Civil Aviation Organization (ICAO) requirements.
On March 27, 2015, the Interim Order Respecting Flight Deck Occupants was made by the Minister under subsection 6.41(1) of the Aeronautics Act, and was published in the Canada Gazette, Part I, on April 11, 2015. Interim Order No. 5 Respecting Flight Deck Occupants requires Canadian air operators and foreign operators operating in Canadian airspace to have an authorized person present on the flight deck while one of the flight crew members is absent. It also lists the persons who are “authorized” to access the flight deck in this situation (e.g. an employee of the air operator, a Department of Transport air carrier inspector, a flight engineer).
Implications
The Aeronautics Act authorizes the Minister of Transport to make an interim order where it is necessary to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public. The Interim Order mitigates a risk to aviation safety associated with having only one flight crew member on the secure flight deck.
Canadian airlines and foreign airlines operating in Canadian airspace have been required to implement a “2 persons on the flight deck at all times” procedure since the issuance of the first Interim Order on March 27, 2015. In addition, Canada's major airlines have had this measure in place when travelling to the United States since 2002. The second person's role while on the flight deck is to unlock the door manually, should it become impossible to unlock through other means.
On March 27, 2015, the European Aviation Safety Agency (EASA) issued a Safety Information Bulletin recommending that airlines ensure at least two crew members, including at least one qualified pilot, are in the flight deck at all times. The EASA conducted a review of this measure earlier this year by reaching out to the aviation industry, seeking information on the safety benefits and risks introduced by this measure to ultimately determine the effectiveness of the “2 persons on the flight deck at all times” measure. The review also sought to identify additional risks stemming from the introduction of the procedure and other equivalent mitigating measures. Transport Canada, like other civil aviation authorities, is awaiting the results of this review, which are expected in late June / early July 2016.
Harmonization with Canada's international partners is very important, particularly for the airline sector, as it operates within these jurisdictions and, in certain circumstances, has to comply with the requirements of these foreign states. Transport Canada has been working diligently on this file over the last year with its international partners, including participating in the investigation lead by the French investigative authority as technical expert in medical certification. The final accident report was released on March 13, 2016. While the report contains 10 recommendations, the BEA did not issue any safety recommendation pertaining to the “2 persons in the cockpit” rule, instead referring to the EASA work, which is still pending.
Therefore, building on the work done by the BEA, Transport Canada intends to pursue further assessment of the existing risks before moving forward with proposed regulatory amendments to the Canadian Aviation Regulations. While Transport Canada conducted a Risk Assessment in June 2015, the scope of which was limited to situations during non-critical phases of flight and assumed that two pilots would be present for the critical phases of flight, Transport Canada will further evaluate the inherent risks resulting from the Interim Order (e.g. removal of one flight attendant from the cabin possibly for the remainder of the flight; the CARs do not mandate mental health assessments for other company employees having access to the flight deck, such as flight attendants). Transport Canada will also review the results of the EASA review, which will inform its position.
Consultation
Transport Canada officials have consulted with the Air Transport Association of Canada and the National Airlines Council of Canada representing Canadian air operators conducting passenger-carrying operations, as well as with major foreign operators.
On July 24, 2015, Transport Canada published a Notice of Proposed Amendment to consult stakeholders on the Department's proposal to codify the requirements found in the Interim Order. Stakeholders strongly encouraged the Department to conduct further assessment of inherent risks before proceeding with regulatory amendments and the Department agreed.
Departmental contact
Marie-Anne Dromaguet
Chief
Regulatory Affairs
Policy and Regulatory Services
Transport Canada
Telephone: 613-990-1184
Email: marie-anne.dromaguet@tc.gc.ca
[27-1-o]
PRIVY COUNCIL OFFICE
Appointment opportunities
We know that our country is stronger — and our government more effective — when decision-makers reflect Canada's diversity. Moving forward, the Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous Canadians and minority groups are properly represented in positions of leadership. We will continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.
The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.
Current opportunities
The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council Appointments Web site (http://www.appointments-nominations.gc.ca/slctnPrcs.asp?menu=1&lang=eng):
| Position | Organization | Closing date |
|---|---|---|
| Vice-Chairperson Broadcasting | Canadian Radio-television and Telecommunications | July 19, 2016 |
| Secretary | National Battlefields Commission | July 19, 2016 |
[27-1-o]
BANK OF CANADA
Statement of financial position as at May 31, 2016
| ASSETS | Amount | Total |
|---|---|---|
| Cash and foreign deposits | 11.9 | |
| Loans and receivables | ||
| Securities purchased under resale agreements | 7,002.9 | |
| Advances to members of the Canadian Payments Association | — | |
| Advances to governments | — | |
| Other receivables | 6.0 | |
| 7,008.9 | ||
| Investments | ||
| Treasury bills of Canada | 16,568.9 | |
| Government of Canada bonds | 78,547.7 | |
| Other investments | 402.6 | |
| 95,519.2 | ||
| Property and equipment | 478.6 | |
| Intangible assets | 35.4 | |
| Other assets | 126.4 | |
| Total assets | 103,180.4 | |
| LIABILITIES AND EQUITY | Amount | Total |
|---|---|---|
| Bank notes in circulation | 75,433.5 | |
| Deposits | ||
| Government of Canada | 24,670.9 | |
| Members of the Canadian Payments Association | 386.2 | |
| Other deposits | 1,583.3 | |
| 26,640.4 | ||
| Other liabilities | ||
| Securities sold under repurchase agreements | — | |
| Other liabilities | 611.9 | |
| 611.9 | ||
| 102,685.8 | ||
| Equity | ||
| Share capital | 5.0 | |
| Statutory and special reserves | 125.0 | |
| Available-for-sale reserve | 364.6 | |
| 494.6 | ||
| Total Liabilities and Equity | 103,180.4 | |
I declare that the foregoing return is correct according to the books of the Bank.
Ottawa, June 17, 2016
ADELLE LANIEL
Director, Financial Operations
I declare that the foregoing return is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.
Ottawa, June 17, 2016
TIMOTHY LANE
Deputy Governor
[27-1-o]