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13118 Canada - Agreement for Promotion of Aviation Safety


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13118

 

 

AVIATION

Safety

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and CANADA

 


Signed at Toronto June 12, 2000

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

CANADA

Aviation: Safety

Agreement signed at Toronto June 12, 2000;
Entered into force June 12, 2000.

AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF CANADA
FOR
PROMOTION OF AVIATION SAFETY
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF CANADA, 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:
2
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 the United States
of America, the executive agent shall be the Federal Aviation Administration (FAA) of
the Department of Transportation. For the Government of Canada, the executive agent
shall be Transport Canada Civil Aviation of the Department of Transport
3
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.
4
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.
5
ARTICLE VI
The Agreement for reciprocal acceptance of airworthiness and environmental
approval, effected by exchange of notes at Ottawa on August 31, 1984, shall remain in
force until terminated by an exchange of notes.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
DONE in duplicate at Toronto, this 12th day of June 2000, each in the English and
French languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT
6
UNITED STATES OF AMERICA
OF CANADA



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