Annex B to Joint TAA-OAA-AIA Advisory 2022-01

General Airworthiness Requirements/Contract Clauses for Canadian Operators Conducting Activities Relating to Defence in Canadian or Foreign Airspace and Foreign Operators Conducting Activities Relating to Defence in Canadian Airspace

These requirements /clauses apply to the following:

1. Canadian aircraft operators conducting an Activity Relating to Defence for the DND/CAF in Canadian or foreign airspace
2. Foreign aircraft operators conducting an Activity Relating to Defence for the DND/CAF in Canadian airspace

The following requirements/contract clauses are intended as a general guide. They need to be reviewed and tailored to suit particular circumstances accordingly. In all cases, the DTAES 3-2/SSO OA staff must be consulted for confirmation of the exact airworthiness clauses to be included in contracts for civil aircraft operators to conduct activities relating to defence for the DND/CAF. The following requirements also contain clauses that are not directly related to airworthiness but which, nevertheless, represent best practice; they are identified as such where they occur.

1. “General Regulatory Statement" Contract Clause

X.1. Rules, Orders and Regulations for Air Transportation Services

X.1.1 The services being provided by the contractor are deemed to be activities related to defence for the purposes of Canada’s Aeronautics Act and the Ministerial Delegations to the Department of National Defence/Canadian Armed Forces (DND/CAF) Operational Airworthiness Authority (OAA), the Technical Airworthiness Authority (TAA) and the Airworthiness Investigative Authority (AIA).

2. “Operating Requirements” Contract Clauses

X.2 Operating Requirements

X.2.1 Operating Location in Canadian Airspace – All Operators. If the operating location is in Canada, the aircraft operator must comply with the following:

1. The provisions of the Aeronautics Act, R.S.C. 1985, c. A-2, the Department of National Defence/Canadian Armed Forces (DND/CAF) Airworthiness Program and with all regulations, directions, orders and rules made pursuant thereof which are applicable to the services to be performed under the Contract.
2. In accordance with the Aeronautics Act, while conducting an Activity Relating to Defence for the DND/CAF, the Operator will operate under the airworthiness oversight of the DND/CAF. In particular, the Operator must be capable of being awarded a Temporary Authority to Operate (TAO) to conduct the required activities relating to defence. A TAO is a military flight authorization, issued by the DND/CAF airworthiness authorities, that authorizes a civil organization to conduct activities relating to defence for the DND/CAF and signifies that these activities are under the airworthiness authority and oversight of the DND/CAF. Activities cannot commence until the Operator is in possession of a valid TAO issued by the TAA and OAA. To qualify for the award of a TAO, the Operator must meet the following criteria:
   1. Be already approved, and suitable for the type of operations required, by an airworthiness authority acceptable to the DND/CAF airworthiness authorities
   2. Must meet the requirements of the DND/CAF Airworthiness Program
   3. Must be assessed by DND/CAF airworthiness authorities to be acceptable for the award of a TAO
3. In making that assessment, the DND/CAF will give credit if the aircraft operator meets at least one of the following conditions:
   1. Holds a valid AOC, issued by Transport Canada Civil Aviation (TCCA) under Canadian Aviation Regulations (CARs) Part VII, subpart 2, or issued by the Federal Aviation Administration (FAA) under Title 14 of the Code of Federal Regulations (14 CFR) Subchapter G (e.g., Part 119, 121, 125 or 135)
   2. Holds an appropriate AOC, issued by an authority acceptable to the DND/CAF, for the provision of this service
   3. Be registered with TCCA as a Private Operator in accordance with CARs Part VI
   4. Be authorized by the Federal Aviation Administration (FAA) as a private operator in accordance with Part 91, Subpart K
   5. Foreign organizations who are authorized to operate as a private operator under the general provisions of 14 CFR Part 91, or who hold an authorization for North American Free Trade Agreement (NAFTA) operations in Canada issued by the FAA, may be acceptable, provided that they meet the requirements of the DND/CAF private operator checklist

X.2.2 Operating Location in Foreign Airspace – Canadian Aircraft Operator

X.2.2.1 Canadian Aircraft Operator. If the operating location is in foreign airspace and the aircraft operator is a Canadian company, the aircraft operator is subject to the airworthiness oversight of the DND/CAF and must comply with paragraph X.2.1, above.

X.2.3 Operating Location in Foreign Airspace – Foreign Aircraft Operator

X.2.3.1 Foreign Aircraft Operator – General Approvals. If the operating location is in foreign airspace and the aircraft operator is a foreign company operating aircraft that are registered in the State where the activities are to take place, a TAO is not applicable. Nevertheless, the aircraft operator must still be acceptable to the DND/CAF airworthiness authorities for the services to be performed. In assessing acceptability, the DND/CAF will give credit if the aircraft operator meets one or more of the following conditions:

1. Holds a valid AOC issued by the FAA under 14 CFR (Federal Aviation Regulations (FARs)) Subchapter G (e.g., Part 119, 121, 125 or 135), or equivalent approval (issued by a National CAA) that is acceptable to the DND/CAF
2. Must be included on the U.S. DoD Air Mobility Command list of approved DoD commercial vendors
3. Must be approved by the FAA for the conduct of the types of parachuting operations required [Delete if not applicable]
4. Must be approved by the U.S. DoD for parachute operations under the U.S. DoD Commercial Intrastate Paratroop Carrier Program [Delete if not applicable]

X.2.3.2 U.S. Aircraft Operator – Compliance. When conducting activities related to defence in the U.S.A., the U.S. aircraft operator must comply with the following:

1. All applicable 14 CFR Parts and the terms of the applicable operating authorization held
2. For parachuting operations, all requirements of the applicable U.S. DoD regulations and/or orders in accordance with the U.S. DoD Commercial Intrastate Paratroop Carrier Program, where they are more restrictive than the 14 CFR Parts [Delete if not applicable]

3. “General Regulatory Requirements” Contract Clauses

X.3 General Regulatory Requirements

X.3.1 The aircraft operator must agree that representatives of the DND/CAF may conduct, at their discretion, a survey of the aircraft operator’s facilities to determine the technical and operational capabilities for performance of the work described herein. The aircraft operator will be required to complete DND/CAF TAO Audit Checklists appropriate for the operator type and submit these for assessment by the DND/CAF. The aircraft operator must agree to make its facilities, including its resources and documentation, available for this purpose.

X.3.2 All services provided must be approved by the DND/CAF, or its authorized representative, who will have the right, at its discretion, to inspect the aircraft and technical and operational documentation including (but not limited to) flight plans or flight notifications, loading records, technical logs and aircrew logbooks, maintenance records and training records, to ensure compliance with the conditions of the contract, the TAO and DND/CAF Airworthiness Program, and continued acceptability by the DND/CAF airworthiness authorities for the provision of the services required.

X.3.3 The scope and depth of assessment of the aircraft operator, its aircraft and personnel by the DND/CAF will depend on the presence and the role of any DND/CAF personnel and/or materiel on board. In order to determine whether or not the civil operator is acceptable to the TAA and OAA, the DND/CAF will consider various aspects of the operator and its aircraft, including: aircraft design, civil flight authority, AOC, FAOC (if applicable), performance of maintenance, operational organization and flight safety background.

X.3.4 On request, the aircraft operator is to provide copies of the following:

1. Copies of approved manuals (i.e., those that have been approved by an airworthiness authority, such as TCCA, FAA, U.K. CAA or EASA, etc.) applicable to the operator type and services being contracted, either in hard or soft copy
2. Any and all documents that demonstrate to the satisfaction of the TAA and OAA that the aircraft operator is acceptable for the conduct of activities relating to defence for the DND/CAF
3. Copy of the latest civil airworthiness authority audit report of the aircraft operator’s organization

X.3.5 When applicable, the aircraft operator must comply with all laws, regulations and/or DND/CAF and/or U.S. DoD orders pertaining to the carriage of dangerous goods or hazardous material.

X.3.6 The aircraft operator must provide all personnel, facilities, supplies and equipment to properly support and perform this contract. Support must include, but need not be limited to, the following aircraft services:

1. Conduct and control of maintenance
2. Fleet service and aircraft dispatch
3. Supply support, spare parts and engines, as required
4. Operational personnel sufficient to support the contracted services
5. Responsibility for weight and balance of the aircraft on all flights

4. “Aircraft Requirements” Contract Clauses

X.4 Aircraft Requirements

X.4.1 The aircraft must be identified by registration markings and must be either owned or controlled by the aircraft operator in such a manner as to ensure exclusive control over the aircraft, its contents and crew thereof when operating for the DND/CAF.

X.4.2 The aircraft provided for the purpose of this contract must be equipped with serviceable equipment applicable to the types of operations required and suitable for the particular airspace through which the operations will occur. The aircraft must have: serviceable radio equipment capable of transmitting and receiving on frequencies in use at departure, en route and destination; and with an Emergency Locator Transmitter (ELT).

X.4.3 When applicable, survival gear appropriate for long range, over water operations must be carried on board, including personal survival equipment and life rafts sufficient to accommodate all crew and passengers.

X.4.4 Each aircraft used to fulfil the contract must have a civil flight authority issued by a regulatory body acceptable to the DND/CAF (e.g., TCCA, FAA, EASA or U.K. CAA). The aircraft must be capable of successfully executing the missions, as tasked, within the limitations of the civil Type Certificate (or design specification for ex military aircraft [Delete this text in parentheses if not applicable]) and civil flight authorities (Certificate of Airworthiness (CofA), Special CofA or appropriate flight permit, etc.) of the applicable aircraft, and any applicable AOC or similar authorization.

X.4.5 The aircraft operator must obtain and maintain all permits, licences and certificates of approval required for the work to be performed under any applicable federal, provincial or municipal legislation. The contractor will be responsible for any charges imposed by such legislation or regulations. Upon request, the contractor must provide a copy of any such permit, licence, or certificate to the DND/CAF. The contractor will be responsible for providing Supplementary Type Certificates (STCs), Limited STCs, Aircraft Flight Manual (AFM) Supplements and maintenance manual supplements, as appropriate, pertaining to any modifications to the aircraft that are required for the service to be provided. During the period of this requirement, any changes or modifications to the aircraft or operating procedures or carry on equipment that might affect the services being provided must be notified to the DND/CAF (by email) to facilitate an assessment of whether or not a DND/CAF approval is required.

X.4.6 The aircraft must be maintained by an approved maintenance organization, in accordance with an approved maintenance schedule. If there is no specific approved maintenance program/schedule (e.g., for some aircraft operated under 14 CFR Part 91), the aircraft operator must follow an aircraft maintenance program/schedule recommended by the Original Equipment Manufacturer (OEM), and must meet the intent of the requirements of the DND/CAF Private Operator checklist.

5. “Aircrew and Ground Crew Requirements” Contract Clauses

X.5 Aircrew and Ground Crew Requirements

X.5.1 The pilot in command must have flown a minimum of [XX]* hours on fixed/rotary wing aircraft, including [XX]* hours as pilot in command of the type of aircraft specified and [XX]* hours in theatres of operations similar to those required under the contract. [Add the following text, if required] The pilot in command must also have a minimum of [XX]* hours of experience in [Edit as required (e.g., tow target operations, mountainous terrain operations, etc.)]. When so requested by the identified user, the aircraft operator must provide documentary proof of aircrew qualifications, ratings and experience. [* Insert number of hours required]

X.5.2 All aircraft operator personnel acting as flight crew must each hold a valid flight crew licence, as defined in CARs Part IV (or 14 CFR Part or equivalent), endorsed with ratings appropriate to the aircraft and air services being provided, including the ability to conduct flights under Instrument Flight Rules (IFR) when required. All aircraft operator personnel acting as flight crew must meet the Recency Requirements defined in CARs Part IV (or 14 CFR Part or equivalent).

X.5.3 A comprehensive aircraft capability and walkthrough brief that includes all aircraft ground and in flight procedures/emergencies must be provided. In particular, the pilot in command of the aircraft must ensure that all passengers are given a safety briefing before take off as outlined in CAR 602.89 (or 14 CFR Part or equivalent), or in other format acceptable to the DND/CAF. If a series of similar or repetitive flights are to be conducted, the safety briefing need be delivered only once before the first flight of each day. Before each subsequent flight of each day, the pilot in command need brief only those items which have changed since the first safety briefing of the day. The briefing must include, as a minimum, the following:

1. Danger areas
2. Personal safety equipment including the donning of life preservers
3. Location of the survival and emergency equipment
4. Emergency procedures (including ditching)
5. Location and operation of emergency exits

X.5.4 Crew duty times must be within civil limits of the flight crew licences and regulations.

X.5.5 Ground crews must be approved for the support of the aircraft and equipment required.

X.5.6 The contractor/aircraft operator must operate under the guidance of a policy or program that is designed to ensure that personnel involved in the performance of activities related to defence for the DND/CAF do not act while impaired due to the influence of alcohol, drugs (prescribed or otherwise) or other harmful substances (which could otherwise prejudice the safe performance of the contract). The policy or program must address, at least, the following requirements:

1. Any consumption of alcohol within a period of 24 hours prior to the performance of activities related to defence should be of a moderate amount and be consumed at a rate which, in combination with a period of sleep following consumption, will not affect performance. In particular, flight crew must abstain from consuming alcohol for at least twelve hours prior to flying or control duties, and in no case less than eight hours prior to reporting for duty
2. Cannabis consumption by flight crew personnel involved in the provision of activities related to defence under this contract is prohibited during the 28 days before any operation of an aircraft/Remotely Piloted Aircraft System (UAS) [Edit as required]

6. “General Operations” Contract Clauses

X.6 General Operations

X.6.1 If, at any time during the course of the operations, the flight crew, the maintenance crew or both are considered by the DND/CAF to be unsatisfactory for safety or other reasons, the DND/CAF may notify the contractor in writing that the flight crew, the maintenance crew or both must be replaced. The contractor must immediately, upon receiving such notification, withdraw and replace the crew specified in the notice. The contractor must advise the CA or Technical Authority [Edit as required] of the corrective action taken. The aircraft involved must be considered unserviceable until a satisfactory crew resumes operations. Causes for consideration of the crew as being unsatisfactory include, but are not limited to, the following: incompetence or inexperience in operating and maintaining the aircraft for normal operations, appearance of intoxication and infractions of rules, regulations or orders.

X.6.2 The DND/CAF reserves the right to review the aircraft operator’s operational procedures and provide guidance whenever necessary.

7. “Flight Safety” Contract Clauses

X.7 Flight Safety

X.7.1 The aircraft operator must operate under the guidance of an aviation safety program meeting the intent of A-GA-135-001/AA-001 – "Flight Safety for the Canadian Armed Forces", and A-GA-135-003/AG-001 – “Airworthiness Investigation Manual (AIM)”, as determined by the DND/CAF. Aviation safety program support and field assistance is available by contacting an assigned Wing Flight Safety Officer, or by contacting the 24/7 Duty Watch Officer at the Air Operations Centre, by calling toll-free +1-888-233-7077 or (204) 833-2500, Ext 2650.

X.7.2 There is a statutory obligation to report specific military-civilian occurrences to the AIA, as listed in Military Airworthiness Investigation Regulations (MAIR) Paragraph 2(1) or (2) (also available/repeated in the AIM). This reporting obligation will be fulfilled through a nominated DND/CAF flight safety contact who will process the occurrence report into the Flight Safety Information Management System (FSIMS) on behalf of the Operator.

X.7.3 Therefore, in the event of an aviation accident during an Activity Relating to Defence for the DND/CAF under airworthiness oversight of the DND/CAF [Add “in Canada” for a foreign operator in Canada], the aircraft operator must quarantine the accident site and notify the AIA at the earliest opportunity, by calling +1-888-WARN DFS (927-6337). An incident or accident must also be reported to the Air Operations Centre in Canada, at +1-204-833-2650 and the local Wing Flight Safety Officer; it may also be reportable to the Transportation Safety Board (TSB) of Canada [Add “and/or the FAA or equivalent” for a foreign operator. Delete if N/A].

X.7.4 In the event of an incident or accident [Add “in Canada” for a foreign operator in Canada], the aircraft operator must allow Aircraft Accident Investigators, appointed by the AIA, access to all relevant data, personnel, documentation and facilities to support a DND/CAF Flight Safety investigation, if required. Documents to be provided include (but are not limited to) the Company Operations Manual, Company and Aircraft Standard Operating Procedures (SOPs), Aircraft Flight Manual, Aircraft Cockpit Checklist, Aircrew Flight Training Records, Aircraft Journey Log and Aircraft Maintenance and Parts Manuals. Company subject matter experts must be provided to the AIA to assist with an incident or accident investigation, upon request.

X.7.5 To reduce hazards to investigating personnel and the environment, the aircraft operator must supply a list of known hazardous materials either carried as cargo or integral to the aircraft through design, manufacture, or maintenance. The aircraft operator must provide this list prior to the start of flying operations or within two (2) months from date of issue of the contract.

8. “Airworthiness References” Contract Clauses

X.8 Airworthiness References

X.8.1 Canadian Aviation Regulations (CARs)

X.8.2 Military Airworthiness Investigation Regulations

X.8.3 Electronic copies of DND/CAF manuals, publications and Airworthiness Audit Checklists will be provided by the DND/CAF.

9. Other Requirements

X.9 DND/CAF Facilities

X.9.1 [Use in the context of the Note below] At DND/CAF airfields, the DND/CAF will be responsible for the following:

1. Aircraft operator’s aircraft fuel
2. Parking and marshalling of aircraft operator’s aircraft
3. A restricted area pass or DND/CAF security escort. The aircraft operator’s personnel must have a valid photo identification document (e.g., passport, for foreign personnel, or a driver’s licence) in their possession and must produce it when requested.

X.9.2 [Use in the context of the Note below] Space for the Aircraft Operator’s Use.

X.9.2.1 Any capacity in the contracted aircraft not being utilized by the DND/CAF may, unless the DND/CAF objects, be used by the aircraft operator for the carriage of its own personnel, baggage or goods. However, the DND/CAF is under no obligation to provide space for support items and equipment.

X.9.3 [Use in the context of the Note below] Flight Scheduling.

X.9.3.1 The pilot-in-command of the aircraft must act upon instructions given by the DND/CAF, or its authorized representative, in respect of the scheduling and operational use of the aircraft, subject to the serviceability of the aircraft and weather conditions. When, for safety or other reasons, the pilot in command or aircraft operator temporarily suspends a flight or any portion of the specified service, the DND/CAF reserves the right to demand a written statement of cause.

X.9.4 [Use in the context of the Note below] Substitution of Aircraft.

X.9.4.1 When, owing to causes beyond the control of the contractor/aircraft operator, the contracted aircraft is unavailable at the time the contract commences or becomes unavailable while carrying out the contract, the contractor/aircraft operator must furnish another aircraft of the same type or, with the approval of the DND/CAF, substitute another type of aircraft at the rates and charges applicable to the aircraft originally contracted (except as provided in subsections xxx and xxx [Delete if not required]). If the substituted aircraft is of a different type and/or configuration, the existing TAO will require a re assessment by the DND/CAF airworthiness authorities.

X.9.4.2 When a substituted aircraft is capable of a larger payload than the aircraft originally contracted, the payload carried in the substituted aircraft must not be greater than the payload that would have been available in the aircraft originally contracted, unless the contractor/aircraft operator agrees to pay the rates and charges applicable to the substituted aircraft. When the maximum payload of a substituted aircraft is smaller than the maximum payload of the aircraft originally contracted, charges shall be based on the rates and charges applicable to the type of substituted aircraft, except that where such rates and charges are higher than those for the aircraft originally contracted, the rates and charges for the original aircraft contracted must apply.

X.9.5 Special Circumstances. The following requirements may be inserted as required.

X.9.5.1 The aircraft must be capable of, and approved (by an airworthiness authority acceptable to the DND/CAF airworthiness authorities) for, operations to/from austere airstrips.

X.9.5.2 Services provided are to be in accordance with CAF parachute safety regulations for Search and Rescue Technicians contained in Air Force Orders, including Standard Manoeuvring Manuals and covered with the TAO, rules and regulations. Copies of the Orders and Manuals are available upon request.

X.9.5.3 The contractor/aircraft operator is to provide proof of approval (by an airworthiness authority acceptable to the DND/CAF airworthiness authorities) for the conduct of parachute operations.

X.9.5.4 Supplementary oxygen must be utilized at all times when operating at cabin altitudes greater than 10,000 feet.

X.9.5.5 [Use in the context of the Note below] The aircraft interior must be maintained in a condition suitable for passengers and be equipped with approved upholstered seating in accordance with applicable occupant safety standards.

X.9.5.6 [Use in the context of the Note below] The contractor/aircraft operator must maintain passenger lists in a manner acceptable to the DND/CAF.