Canada Gazette, Part I, Volume 152, Number 15: Military Airworthiness Investigation Regulations
April 14, 2018
Statutory authority
Aeronautics Act
Sponsoring department and agency
Department of National Defence
Canadian Armed Forces
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
Since the 1990s, an increasing proportion of the work in the military aviation sector has been performed by civilian aviation companies. Their employees, for the most part, are not subject to military orders and, therefore, cannot be compelled to participate in the investigations of military aviation occurrences. This has led to a gap in the ability of the Canadian Armed Forces and the Department of National Defence to complete thorough investigations of military aviation occurrences involving civilians. Amendments made to the Aeronautics Act and the Military Airworthiness Investigation Regulations (the proposed Regulations) to be made under this Act will address this gap.
Background
The Minister of National Defence is responsible under the Aeronautics Act for all aeronautical matters related to defence, including the promotion of military aviation safety. Part II of the Aeronautics Act, enacted in 2014, requires that the Minister designate a member of the Canadian Armed Forces or an employee of the Department of National Defence as the Airworthiness Investigative Authority (AIA). In 2015, the Minister designated the Director of Flight Safety as the AIA.
Under Part II of the Aeronautics Act, the AIA is responsible for advancing aviation safety by investigating military-civilian occurrences, identifying safety deficiencies, making recommendations to eliminate or reduce the deficiencies, and providing reports to the Minister on the investigations and findings. A military-civilian occurrence is generally any accident or incident involving a civilian and a military aircraft or installation for the manufacture, operation or maintenance of a military aircraft.
To properly carry out the investigations of military-civilian occurrences, the Aeronautics Act provides for regulations to be made. While the AIA presently carries out the investigations of military-civilian occurrences without regulations, and civilian aviation companies that support military aviation are contractually obligated to participate in the investigations, any non-compliance on their part can only result in remedies under their contract, which can involve a slow and cumbersome process in civil court to enforce. Also, in the absence of regulations, AIA investigators are not authorized to compel civilians involved in an occurrence to provide statements or relevant documents or to submit to medical examinations, therefore limiting the thoroughness of investigations.
The Aeronautics Act also provides that the powers of investigators under Part II of this Act may be employed during the conduct of strictly military aviation occurrence investigations under Part I, i.e. investigations that do not involve civilians.
Civil aviation occurrences in Canada are investigated by the Transportation Safety Board of Canada (TSB) under the authority of the Canadian Transportation Accident Investigation and Safety Board Act. Under subsection 18(2) of that Act, the TSB shall not investigate a transportation occurrence that involves a military conveyance or military transportation facility.
Objectives
The objective of this proposal is to put in place regulations that will enable the carrying out, under the Aeronautics Act, of thorough investigations by the AIA and AIA-designated investigators of military-civilian occurrences and strictly military aviation occurrences.
Description
The proposed Regulations to be made under the Aeronautics Act will ensure that the obligations of civilians involved in military-civilian occurrences are clear and that AIA investigators have the necessary powers to complete thorough investigations.
More specifically, the proposed Regulations will set out requirements in respect of the mandatory reporting by civilians of military-civilian occurrences to the AIA, the preservation of evidence, the keeping of records, the rights and privileges of observers at investigations, and the form of warrants and notices issued under Part II of the Aeronautics Act. The warrants will provide for the search for and seizure of things that are relevant to the investigation of a military-civilian occurrence. The notices will provide for the production of information or attendance of a person before an investigator to give a statement, the medical examination of a person, the production by a physician or health practitioner of patient information and the performance of autopsies.
The warrants and notices in the proposed Regulations will also be used during the investigation of strictly military aviation occurrences in respect of members of the Canadian Armed Forces. This will permit the use of the same warrants, and of other forms and procedures by AIA investigators in respect of both civilians and members of the Canadian Armed Forces.
The powers of persons designated by the AIA as investigators under Part II of the Aeronautics Act and the proposed Regulations are very similar to the powers granted to investigators of the TSB under the Canadian Transportation Accident Investigation and Safety Board Act and the Transportation Safety Board Regulations.
"One-for-One"
Rule
The "One-for-One"
Rule does not apply to this proposal, as there is no expected change in administrative costs to business given that civilian aviation companies that support military aviation are required, as part of their contracts, to adhere to safety requirements, including reporting obligations, established by the AIA.
Small business lens
The small business lens does not apply to this proposal, as there are no costs to small business.
Consultation
In developing the proposed Regulations, the AIA consulted with Transport Canada, the TSB, and NAV CANADA.
In addition, staff of the Director of Flight Safety conduct flight safety surveys on a biannual basis on most civilian aviation companies that support military aviation. Information regarding the amendments to the Aeronautics Act and the proposed Regulations has been included in these surveys for the past two years. No negative comments have been received during these surveys.
Rationale
By not having the proposed Regulations in place, the thorough investigation of military-civilian occurrences and strictly military aviation occurrences may be slowed down by the necessity of using the civil court process to enforce the contractual obligations of civilian aviation companies to participate in the investigations. These investigations can also be limited by the inability of AIA investigators to compel civilians to provide statements or relevant documents or to submit to medical examinations. The necessary findings and recommendations to increase the safety of military aviation may therefore not be made.
The proper investigation of military aviation occurrences increases the safety of military aviation and has a secondary benefit for the public in that information discovered in these investigations is shared. Many military aviation fleets have civilian counterparts; therefore, the proper investigation of military aviation occurrences can benefit these civilian fleets. Further, safety measures are often transferable to similar aircraft fleets, such as helicopters and transport aircraft. Applicable safety issues and initiatives discovered during military aviation investigations are shared with civilian authorities such as Transport Canada, the TSB, the U.S. Federal Aviation Administration and the European Aviation Safety Agency to benefit these organizations and the air-travelling public.
Aviation accidents often have very harmful effects on the environment, including direct damage, spills of chemicals and cargos, and post-crash fires. Similarly, accidents lead to high costs in the human, materiel and administrative areas. The proposed Regulations serve to improve aviation safety and should cause a reduction in accident rates. Further, the policy of sharing investigation information with other airworthiness authorities creates health, safety and security benefits for the air-travelling public and the public at large.
The scope and effectiveness of the Flight Safety Program, first established in the Royal Canadian Air Force in the 1950s, will be enhanced with the proposed Regulations. Preservation of military aviation resources, both personnel and materiel, is one of the prime reasons for the investigation process and the Flight Safety Program.
Although the proposed Regulations will set out requirements that are not identical to the civil investigation requirements of the Transportation Safety Board Regulations, the proposed Regulations will support a more streamlined aviation investigation process for civilian aviation companies and industry professionals. Whether the investigation is being conducted by the AIA or the TSB, any reporting or preservation of data required as a result of an aviation occurrence should be similar, thus making it easier to respond effectively to any accident involving both military and civilian aviation.
Finally, the proposed Regulations and the ensuing flight safety investigation methodology support state-of-the-art safety programs such as safety management systems that help companies identify safety risks before they become bigger problems, as recommended by Transport Canada and the International Civil Aviation Organization.
All civilian aviation companies that support military aviation are currently contractually required to participate in the Flight Safety Program and, therefore, already have dedicated flight safety resources and support the investigation of occurrences. The proposed Regulations should not increase the resources that these companies will require to comply with the proposed Regulations.
The benefits of the proposed Regulations in terms of the increase in military aviation safety and safety for the public at large, and the protection of the environment, will outweigh any additional costs. These costs will consist mainly of additional training for AIA investigators, the implementation of new procedures, and briefings of military flight safety officers and civilian flight safety officers at civilian aviation companies that support military aviation.
Implementation, enforcement and service standards
There is a trained professional cadre of AIA-designated investigators that currently conduct investigations. The majority of the training for this personnel has already been completed. Military and civilian flight safety officers will be briefed in detail on the Regulations, if approved, at the annual regional flight safety briefings provided by the Director of Flight Safety. As well, information on the Regulations will be provided during the biannual flight safety surveys by AIA trained investigators, conducted at most civilian aviation companies that support military aviation.
The AIA will monitor compliance with the Regulations. The proposed Regulations would be enforced with judicial action introduced by way of summary conviction under subsection 24.6(2) of the Aeronautics Act.
Contact
Chief Investigator
Director Flight Safety 2
National Defence Headquarters
101 Colonel By Drive
Ottawa, Ontario
K1A 0K2
- Telephone:
- 613-971-7836
- Email:
- martin.leblanc2@forces.gc.ca
PROPOSED REGULATORY TEXT
Notice is given, pursuant to subsection 24.5(2) footnotea of the Aeronautics Act footnoteb, that the Governor in Council, pursuant to subsections 24.2(1) footnotea and (3) footnotea and 24.5(1) footnotea of that Act, proposes to make the annexed Military Airworthiness Investigation Regulations.
Interested persons may make representations concerning the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Lieutenant-Colonel Martin Leblanc, Chief Investigator, Director Flight Safety 2, National Defence Headquarters, 101 Colonel By Drive, Ottawa, Ontario K1A 0K2 (tel.: 613-971-7836; email: martin.leblanc2@forces.gc.ca).
Ottawa, March 29, 2018
Jurica Čapkun
Assistant Clerk of the Privy Council
Military Airworthiness Investigation Regulations
Interpretation
Definitions
1 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
Mandatory reporting
2 (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.
Notification — situation or condition
(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).
Exceptions
(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.
Required contents
3 (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.
Remainder of information
(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.
Voluntary reporting
4 (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.
Identity protected
(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
Preservation of evidence
5 (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.
Exception — safety measures
(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.
Record of evidence
(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 a feasible, advise the Authority of their actions.
Exemption
(4) The Authority may exempt any person from the requirement to preserve evidence if another person has already preserved that evidence.
Observers
6 (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.
Communications and use of information
(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.
Witness fees and expenses
7 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.
Test under subsection 14(6) of the Act
8 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.
Warrant
9 (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.
Modifications to section 487.1 of Criminal Code
(2) For the purposes of subsection 14(5) of the Act, section 487.1 of the Criminal Code is to be read as follows:
Telewarrant
487.1(1) If an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence or the investigation of an accident or incident referred to in section 24.8 of the Aeronautics Act and that it would be impracticable to appear personally before a justice of the peace to make an application for a warrant in accordance with subsection 14(4) of the Act, the investigator may submit information on oath by telephone or other means of telecommunication to a justice of the peace designated for the purposes of section 487.1 of the Criminal Code by the chief judge of the provincial court having jurisdiction in the matter.
Submission by means that does not produce writing
(2) Information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, must be on oath and must be recorded verbatim by the justice of the peace, who must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice of the peace as to time, date and contents.
Submission by means that produces writing
(3) The justice of the peace who receives information submitted by a means of telecommunication that produces a writing must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice of the peace as to time and date of receipt.
Administration of oath
(4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.
Alternative to oath
(5) An investigator who uses a means of telecommunication referred to in subsection (3) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and that statement is deemed to be a statement made under oath.
Contents of information
(6) Information submitted by telephone or other means of telecommunication must include
- (a) a statement of the circumstances that make it impracticable for the investigator to appear personally before a justice of the peace;
- (b) a description of the military-civilian occurrence or the accident or incident referred to in section 24.8 of the Aeronautics Act that is under investigation, the place or premises to be searched and the things alleged to be liable to seizure;
- (c) a statement of the investigator's grounds for believing that things relevant to the investigation will be found in the place or premises to be searched; and
- (d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the investigator has knowledge.
Issuing warrant
(7) The justice of the peace may, if satisfied that information submitted by telephone or other means of telecommunication meets the following conditions, issue a warrant to an investigator conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice of the peace before whom the investigator appears personally in accordance with subsection 14(4) of the Aeronautics Act and may require that the warrant be executed within the period that the justice of the peace may order:
- (a) the information is in respect of a military-civilian occurrence or an accident or incident referred to in section 24.8 of the Aeronautics Act and conforms to the requirements of subsection (6);
- (b) the information discloses reasonable grounds for dispensing with information presented personally and in writing; and
- (c) the information discloses reasonable grounds, in accordance with subsection 14(4) of the Aeronautics Act, for the issuance of a warrant in respect of a military-civilian occurrence or an accident or incident referred to in section 24.8 of that Act.
Formalities
(8) If a justice of the peace issues a warrant by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,
- (a) the justice of the peace must complete and sign the warrant in Form 2 of the schedule;
- (b) the investigator, on the direction of the justice of the peace, must complete, in duplicate, a facsimile of the warrant in Form 2 of the schedule; and
- (c) the justice of the peace must, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.
Means of telecommunication that produces writing
(9) If a justice of the peace issues a warrant by a means of telecommunication that produces a writing,
- (a) the justice of the peace must complete and sign the warrant in Form 2 of the schedule;
- (b) the justice of the peace must transmit the warrant by the means of telecommunication to the investigator who submitted the information and the copy of the warrant received by the investigator is deemed to be a facsimile within the meaning of paragraph (8)(b);
- (c) the investigator must procure another facsimile of the warrant; and
- (d) the justice of the peace must, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.
Providing facsimile
(10) An investigator who executes a warrant issued by telephone or other means of telecommunication must, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.
Affixing facsimile
(11) An investigator who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication must, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.
Report of investigator
(12) An investigator to whom a warrant is issued by telephone or other means of telecommunication must file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding seven days after the warrant has been executed, which report must include
- (a) the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed;
- (b) a statement of the things, if any, that were seized pursuant to the warrant and the location where they are being held; and
- (c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the investigator's grounds for believing that those additional things are relevant to the investigation.
Bringing before justice of peace
(13) The clerk of the court must, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice of the peace to be dealt with in the same manner as if the things were seized under a warrant issued, on information presented personally by an investigator, by that justice of the peace or another justice of the peace for the same territorial division.
Proof of authorization
(14) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the justice of the peace and carrying on its face a notation of the time, date and location of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.
Duplicates and facsimiles – probative force
(15) A duplicate or a facsimile of information or of a warrant has the same probative force as the original for the purposes of subsection (14).
Notice — production of information or attendance
10 (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.
Notice — medical examination
(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.
Notice — information concerning a patient
(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.
Notice — autopsy or other medical examination
(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
Creation of investigation file
11 (1) If the Authority conducts an investigation into a military-civilian occurrence, the Authority must create and maintain a file relating to the investigation.
Required contents
(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.
Period of retention
(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
Registration
12 These Regulations come into force on the day on which they are registered.
SCHEDULE
(Paragraphs 9(1)(a) and (b) and section 10)
FORM 1
Warrant
Issued Under Subsection 14(4) of the Aeronautics Act
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)
FORM 2
Warrant Obtained by a Means of Telecommunication
Issued Under Subsection 14(4) of the Aeronautics Act
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)
FORM 3
Notice
Issued Under Paragraph 14(10)(a) of the Aeronautics Act
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 Act
FORM 4
Notice
Issued Under Paragraph 14(10)(b) of the Aeronautics Act
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 you were directly or indirectly involved in the operation of
______________________________________________________________, and
(description of aircraft)
Whereas 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 examination
at ________________________________________________________________
(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 Act
FORM 5
Notice
Issued Under Paragraph 14(10)(c) of the Aeronautics Act
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 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 me
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 Act
FORM 6
Notice
Issued Under Paragraph 14(10)(d) of the Aeronautics Act
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 it appears that you have custody of the body of a deceased person, namely ____________________________________, or human remains of that person, and
Whereas 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 examination
at ________________________________________________________________
(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