From a passenger’s point of view, flying has always been a comfort (or even luxury), whether it’s within or outside the country. But from the perspective of these air operators and their flight crew, there are a lot of laws on air transport regulation that they must follow. This is to ensure the safety and security of not just their operations, but also of the persons and goods they’re carrying.
What are Canada’s laws on air transport regulation?
Canadian air transport regulation covers a lot of aspects, whether it’s for transporting passengers or cargoes, or for commercial or public purposes. These laws and regulations govern the different personalities in the air transportation industry, starting from the airline companies or air operators, down to their crew members and operation personnel.
As the initial source of air transport regulation are the following general laws:
- Canada Transportation Act
- Aeronautics Act
These laws are applicable throughout the country since civil aviation is under the exclusive jurisdiction of the federal government. Although transportation law in general is a shared legal jurisdiction among the federal government and the provincial/territorial governments.
Due to the cross-border nature of air travel, international laws will also apply in addition to Canada’s air transport regulations. An example of this is the Montreal Convention, which has amended the previous Warsaw Convention.
Aside from commercial aviation, general aviation (which covers recreational flying) is also governed by Canadian air transport regulation. Watch this short video to know more:
For more information on these laws that regulate air transport, you can read further below or reach out to one of the best aviation lawyers in Canada as ranked by Lexpert.
Air transport regulation enacted from federal statutes
After the general laws on transportation and civil aviation, different regulations are enacted by the mandated government regulatory body. These regulations' goal is to implement and further specify the general transportation laws' provisions.
Here are some of the important air transport regulations in Canada:
- Canadian Aviation Regulations (CARs)
- Air Transportation Regulations (ATRs)
- Air Passenger Protection Regulations (APPRs)
- Accessible Transportation for Persons with Disabilities Regulations (ATPDRs)
How are air operators governed by air transport regulation in Canada?
Under these general federal statutes and air transport regulations are the different (and oftentimes overlapping) requirements imposed on the civil aviation industry. To ensure that operations of air operators are safe and meet industry standards, air transport regulation governs the certification and licensing of airlines, aircraft, and their crew.
On the side of the consumers, dispute-resolution mechanisms are also provided by these regulations to resolve complaints. This is aside from preventive methods enacted through the air transport regulations’ consumer protection guidelines.
Licensing of pilots and flight crew members
The CARs and the APPRs, in addition to the Commercial Air Service Standards (CASS) released by Transport Canada, govern the licensing process of:
- pilots
- flight crew members
- operations personnel
- aircraft maintenance engineers (AME)
Aside from these licences, they’re also required to pursue the mandated permits and ratings, including their continual training. For example, pilots are required under the law to regularly practice certain skills or do training every:
- 6 months
- 2 years
- 5 years
Regulation of the different types of air operators
Aside from the licensing of the airline operators and their airport personnel, Canada’s laws on air transport regulation also manages their actual operations. For this purpose, these operators are divided into different types under the CARs, according to the specific air operator certificate that they must hold:
- flight training units or 406 operators
- aerial work operators or 702 operators
- air taxi operators or 703 carriers
- commuter operators or 704 operators
- airline operations or 705 carriers
Applying for an air operator certificate, its approval, and the imposition of certain restrictions are within the powers of Transport Canada. But operators must also be aware of the domestic and international licences that are issued under the ATRs.
Protection of air travelers and handling complaints
The purpose of all these laws on air transport regulation is really to protect the rights and ensure the safety of passengers, whether it’s a commercial or private one. For instance, under the ATRs and ATPDRs, there are certain services and assistance that a domestic air carrier must provide to their customers, especially when it’s requested by them. This covers from when the customer registers at the check-in counter, until they have deplaned the aircraft and retrieved their baggage.
When disputes arise between a passenger and an airline, complaints may be submitted to the Canadian Transportation Agency for its adjudication. This is in addition to the remedies available to the air passenger under the APPRs in case of flight disruptions.
What government bodies enforce Canada’s air transport regulations?
With regards to implementing Canadian laws on air transport regulation, there are four government regulators to look at:
- Transport Canada: the primary regulator created by the Department of Transport Act, whose main purpose is to ensure that the country’s transportation system (i.e., air, land, and water) are safe, secure, efficient, and environmentally responsible
- NAV Canada: a private, not-for-profit organization that works as Canada’s navigation service provider which oversees air traffic control and flight information and provides other aeronautical services to its clients in the aviation industry
- Canadian Transportation Agency: the quasi-judicial tribunal and economic regulator of the country which, among other roles, adjudicates disputes (e.g., air travel complaints) submitted to it by consumers about any of the federal transportation industry’s services
- Transportation Safety Board of Canada: an independent federal agency that investigates occurrences (i.e., accidents) that happen in the different sectors and modes of transportation in Canada, identifying its safety deficiencies, making recommendations and reporting publicly their findings
However, there are other government agencies that may govern the transportation sector in one way or another. For instance, Health Canada and the laws and regulations it implements may affect when certain goods and products are transported within Canada or when imported into the country.
Learn more about Canada’s air transport regulation on passenger rights and safety through the basics of Canada’s civil aviation regulation.