Registration

SOR/2008-277 September 5, 2008

AERONAUTICS ACT

Regulations Amending the Canadian Aviation Regulations (Part VI)

P.C. 2008-1663 September 5, 2008

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to section 4.9 (see footnote a) of the Aeronautics Act (see footnote b), hereby makes the annexed Regulations Amending the Canadian Aviation Regulations (Part VI).

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PART VI)

AMENDMENT

1. Division X of Subpart 2 of Part VI of the Canadian Aviation Regulations (see footnote 1) is replaced by the following:

DIVISION X — NOISE EMISSION LEVELS FOR SUBSONIC TURBO-JET AEROPLANES

Requirements

602.150 (1) No person shall operate a subsonic turbo-jet aeroplane that has a maximum certificated take-off weight of more than 34 000 kg (74,956 pounds) to or from an aerodrome other than Gander International Airport unless the aeroplane meets the noise emission standards set out in Chapter 3 or 4 of Volume I, Aircraft Noise, of Annex 16 to the Convention.

(2) For the purpose of subsection (1), the following expressions, used in Annex 16 to the Convention, have the following meanings:

(a) “aeroplane” has the same meaning as in subsection 101.01(1);

(b) “maximum certificated take-off mass” has the same meaning as “maximum certificated take-off weight” in subsection 101.01(1); and

(c) “subsonic jet” has the same meaning as “subsonic turbo-jet aeroplane” in subsection (1).

COMING INTO FORCE

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

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and o bjectives

These amendments to the Canadian Aviation Regulations (Part VI) set the requirements for noise emission levels governing the operation of subsonic turbo-jet aeroplanes with a maximum certified take-off weight (MCTOW) of 34 000 kg or more. More specifically, these amendments include changes that:

• require all subsonic turbo-jet aeroplanes with a MCTOW of 34 000 kg or more to meet the International Civil Aviation Organization (ICAO) noise emission levels standards when operated in Canada;
• delete elements of the Regulations that are no longer applicable as a result of the expired final compliance date for the phase-out of non-compliant subsonic turbo-jet aeroplanes; and
• result in future ministerial exemptions being based on aviation safety and the public interest since the Minister would be issuing those exemptions under subsection 5.9(2) of the Aeronautics Act.

Description and r ationale

In 1995, transitional Regulations (sections 602.150 to 602.162) were introduced to phase out the operation of subsonic turbo-jet aeroplanes having a MCTOW of 34 000 kg or more that did not comply with ICAO noise emission levels standards stated in Annex 16, Volume I, Chapter 3. These transitional Regulations specified schedules and exemptions (i.e., compliance schedules containing phased reduction schedules, temporary exemptions and exemptions for northern operations), giving air operators until April 1, 2002, to comply.

These amendments require subsonic turbo-jet aeroplanes having a MCTOW of 34 000 kg or more to comply with the ICAO noise emission levels standards stated in Annex 16, Volume I, Chapter 3 or 4 to the Convention on International Civil Aviation, except when operated at Gander International Airport (in Newfoundland), which serves as a stopover point between Cuba and countries whose state and commercial air operators may not be required by their civil aviation authority to meet ICAO noise emission levels standards. These amendments also align Canadian Aviation Regulations (CARs) with similar regulations enacted in several countries, including those of the European Economic Community and the United States.

Prior to these amendments, the Minister approved applications for exemption from noise emission levels standards when specified conditions were met. Repeal of those sections by these amendments have the effect of ensuring that future exemptions are issued based on aviation safety and the public interest since the Minister will be issuing those exemptions under subsection 5.9(2) of the Aeronautics Act.

Consultation

These amendments were developed through the Canadian Aviation Regulation Advisory Council (CARAC), which includes representatives of government, aeronautical associations (e.g., Air Transport Association of Canada, Air Line Pilots Association — Canada, and Aerospace Industries Association of Canada), unions (e.g., Teamsters Canada), operators and airlines (e.g., Air Canada). Stakeholders support the proposal.

These amendments were finalized by CARAC in 2001 and stakeholders were informed by letter, which was sent on June 12, 2008, of the Minister’s intention to proceed with these Regulations.

Implementation, enforcement and service s tandards

These new requirements will be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act (which will be determined at a later date), through suspension of, cancellation of or refusal to renew a Canadian aviation document under section 103.07 of the CARs or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.

Contact

Acting Chief
Regulatory Affairs, AARBH
Safety and Security
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N8
Telephone: 613-990-1184 or 1-800-305-2059
Fax: 613-990-1198
Web site: www.tc.gc.ca

Footnote a
S.C. 1992, c. 4, s. 7

Footnote b
R.S., c. A-2

Footnote 1
SOR/96-433

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