Minister can require aviation training changes

Summary#

The final rule titled Regulations Amending the Canadian Aviation Regulations (Training Programs) gives the Minister of Transport a clear power to order changes to aviation training programs and set deadlines for those changes. The regulations were registered on February 11, 2022 and published in the Canada Gazette on March 2, 2022; they came into force on registration.

What it does#

• Gives the Minister of Transport the power to notify an operator when its training program does not include the required competencies, and to specify:
  • what corrective actions must be made, and
  • the date by which they must be implemented or submitted for approval.
• Requires private operators to implement specified corrective actions by the date set by the Minister.
• Requires air operators to submit amended training programs to the Minister for approval by the date set by the Minister.
• Makes these designated requirements enforceable with administrative monetary penalties of up to $3,000 for individuals and $15,000 for corporations.
• Applies across the CARs subparts covering private and commercial operations, including Subpart 604, and the air-operator subparts 702, 703, 704, and 705.

Who's affected#

• Small and large air operators that must keep approved training programs: those governed by Subpart 604 (private operators) and Subparts 702, 703, 704, 705 (commercial operators such as aerial work, air taxi, commuter and air carrier services).
• Pilots, flight attendants, flight dispatchers, and other staff whose on-the-job competencies are defined by operator training programs.
• Training managers at airlines and charter companies who prepare and update programs.
• Transport Canada and the Minister of Transport, who will issue notices and review submissions.
• The government estimates about 663 small businesses would be incrementally affected by the new administrative requirement.

Why it matters#

• It closes a legal gap the government found when returning the Boeing 737 MAX 8 to service: the Minister previously had to rely on temporary Interim Orders to force urgent training changes. This regulation makes that authority permanent and clearer.
• It lets regulators require and enforce safety-critical updates to training programs on set timelines, rather than waiting for ad hoc or temporary orders.
• The rule is designed to be used rarely, only when safety issues are identified, and is expected to impose very small administrative costs (estimated total $574.03 between 2022 and 2031, about $30 per small business annually).
• For the travelling public, it aims to make sure crew training keeps pace with safety findings and manufacturer or international guidance, which can increase confidence in aviation safety.