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Agreement between the Government of Canada and the Government of the United States of America for Promotion of Aviation Safety [2000] CATSer 10 (12 June 2000)

E103503 - CTS 2000 No. 10

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR PROMOTION OF AVIATION SAFETY

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, hereinafter referred to as the "Contracting Parties",

DESIRING to promote aviation safety and environmental quality,

NOTING common concerns for the safe operation of civil aircraft,

RECOGNIZING the emerging trend toward multinational design, production, and interchange of civil aeronautical products,

DESIRING to enhance cooperation and increase efficiency in matters relating to civil aviation safety,

CONSIDERING the possible reduction of the economic burden imposed on the aviation industry and operators by redundant technical inspections, evaluations, and testing,

RECOGNIZING that the standards and systems for airworthiness and environmental approvals and airworthiness acceptance of maintenance approvals and modifications or alterations, as established in the Agreement for reciprocal acceptance of airworthiness and environmental approval, effected by exchange of notes at Ottawa on August 31, 1984, are already sufficiently equivalent to permit acceptance by each Party of the findings of the other Party,

RECOGNIZING the mutual benefit of improved procedures for the reciprocal acceptance of airworthiness approvals, environmental testing, and development of reciprocal procedures for recognition of the approval and monitoring of flight simulators, aircraft maintenance facilities, aviation training establishments and the certification and authorization of maintenance personnel, and persons involved in aircraft maintenance and flight operations,

HAVE AGREED as follows:

ARTICLE I

A. The Contracting Parties agree:

1. To facilitate acceptance by each Contracting Party of the other Party's

(a) airworthiness approvals and environmental testing and approval of civil aeronautical products, and

(b) qualification evaluations of flight simulators;

2. To facilitate acceptance of maintenance approvals and alterations or modifications and the approvals and monitoring of maintenance facilities and alteration or modification facilities, maintenance personnel, aviation training establishments, and flight operations of the other Party; and

3. To provide for cooperation in sustaining an equivalent level of safety and environmental objectives with respect to aviation safety.

B. Each Contracting Party shall designate its civil aviation authority as the executive agent to implement this Agreement. For the Government of Canada, the executive agent shall be Transport Canada Civil Aviation of the Department of Transport. For the Government of the United States of America, the executive agent shall be the Federal Aviation Administration (FAA) of the Department of Transportation.

ARTICLE II

For the purposes of this Agreement:

A. "Airworthiness approval" means a finding that the design or change to a design of a civil aeronautical product meets standards agreed between the Contracting Parties or that a product conforms to a design that has been found to meet those standards, and is in a condition for safe operation.

B. "Alterations or modifications" means making a change to the construction, configuration, performance, environmental characteristics, or operating limitations of the affected civil aeronautical product.

C. "Approval of flight operations" means the technical inspections and evaluations conducted by a Contracting Party, using standards agreed between the Parties, of an entity providing commercial air transportation of passengers or cargo, or the finding that the entity complies with those standards.

D. "Civil aeronautical product" means any civil aircraft, aircraft engine, or propeller or subassembly, appliance, material, part, or component to be installed thereon.

E. "Environmental approval" means a finding that a civil aeronautical product complies with standards agreed between the Contracting Parties concerning noise and/or exhaust emissions.

F. "Environmental testing" means a process by which a civil aeronautical product is evaluated for compliance with those standards, using procedures agreed between the Contracting Parties.

G. "Flight simulator qualification evaluations" means the process by which a flight simulator is assessed by comparison to the aircraft it simulates in accordance with standards agreed between the Contracting Parties, or the finding that it complies with those standards.

H. "Maintenance" means the performance of inspection, overhaul, repair, preservation, and the replacement of parts, materials, appliances, or components of a product to assure the continued airworthiness of that product, but excludes alterations or modifications.

I. "Monitoring" means the periodic surveillance by a Contracting Party's civil aviation authority to determine continuing compliance with the appropriate standards.

ARTICLE III

A. The Contracting Parties' civil aviation authorities shall conduct technical assessments and work cooperatively to develop an understanding of each other's standards and systems in the following areas:

1. Airworthiness and maintenance approvals of civil aeronautical products;

2. Environmental approval and environmental testing;

3. Approval and monitoring of maintenance facilities and maintenance personnel;

4. Approval and monitoring of flight operations and personnel involved in flight operations;

5. Evaluation and qualification of flight simulators; and

6. Approval of aviation training establishments.

B. When the civil aviation authorities of the Contracting Parties agree that their respective standards, rules, practices, procedures, and systems relative to one of the technical specialties listed in paragraph (A) of this Article are sufficiently equivalent or compatible to permit each to accept findings of the other concerning compliance with the agreed-upon standards, the civil aviation authorities shall execute written Implementation Procedures describing the methods by which such reciprocal acceptance shall be made with respect to that technical specialty.

C. The Implementation Procedures shall include at a minimum:

1. Definitions;

2. A description of the scope of the particular area of civil aviation to be addressed;

3. Provisions for reciprocal acceptance of civil aviation authority actions such as test witnessing, inspections, qualifications, approvals, and certifications;

4. Accountability;

5. Provisions for mutual cooperation and technical assistance;

6. Provisions for periodic evaluations; and

7. Provisions for amendments to or termination of the Implementation Procedures.

ARTICLE IV

Any disagreement regarding the interpretation or application of this Agreement or its Implementation Procedures shall be resolved by consultation between the Contracting Parties or their civil aviation authorities, respectively.

ARTICLE V

This Agreement shall enter into force upon signature and shall remain in force until terminated by either Contracting Party. Such termination shall be effected by sixty days' written notification to the other Contracting Party. Such termination shall also act to terminate all existing Implementation Procedures executed in accordance with this Agreement. This Agreement may be amended by the written agreement of the Contracting Parties. Individual Implementation Procedures may be terminated or amended by the civil aviation authorities.

ARTICLE VI

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE in duplicate at Toronto, this 12^th day of June 2000, each in the English and French languages, both texts being equally authentic.

David Collenette

FOR THE GOVERNMENT OF CANADA

Rodney Slater

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA