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

General Airworthiness Requirements/Contract Clauses for Foreign Civil Operator Conducting Activities Relating to Defence in Foreign Airspace

These requirements/clauses apply to foreign civil operators conducting an Activity Relating to Defence for the DND/CAF outside Canadian airspace. As outlined in Paragraph 4.4.3 and Section 4.5 of this Advisory, the DND/CAF will need to exercise duty of care (in lieu of direct airworthiness oversight) of a foreign operator providing services to the DND/CAF in foreign airspace. This Annex provides general technical and operational airworthiness requirements and clauses to be inserted in contracts and requests for proposals in order to ensure, to the extent possible, adherence to DND/CAF safety expectations.

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 Requirements” Contract Clauses

X.1 General Regulatory Requirements

X.1.1 The Operator must agree that representatives of Canada may conduct, at their discretion, a survey of the Operator’s facilities, to determine the technical capabilities for performance of the work described herein. The Operator must agree to make its facilities, including its resources and documentation, available for this purpose.

X.1.2 All services provided must be approved by the DND/CAF, or its authorized representative, who reserves the right 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 as well as safe operation and maintenance of the aircraft.

X.1.3 On request, the aircraft operator is to provide copies of the following:

1. Copies of 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 related to defence for the DND/CAF
2. Copies of the most recent audit reports of the aircraft operator’s organization by one or more of the following:
   1. Civil airworthiness authority
   2. Military airworthiness authority
   3. Third party Quality Management System (QMS) Registrar
   4. Any other audit reports related to contracted service

X.1.4 When applicable, the aircraft operator must comply with all laws, regulations and/or DND/CAF and/or applicable foreign military orders pertaining to the carriage of dangerous goods or hazardous material.

X.1.5 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

2. “Operating Requirements” Contract Clauses

X.2 Operating Requirements

X.2.1 The Operator must meet the following criteria:

1. Must be approved, for the type of operations required, by an airworthiness authority acceptable to the DND/CAF airworthiness authorities
2. Must be assessed by DND/CAF airworthiness staffs to be acceptable for the conduct of the planned activities relating to defence
3. In making that assessment the DND/CAF will give credit if the Operator meets at least one of the following conditions:
   1. Holds an appropriate and valid AOC issued by an authority acceptable to the DND/CAF, for the provision of the type of service under contract. For example, an authorization issued by the FAA under 14 CFR (Federal Aviation Regulations (FARs)) Subchapter G (e.g., Part 119, 121, 125 or 135) or by EASA
   2. Be authorized by the FAA as a private operator in accordance with Part 91 Subpart K
   3. 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 NAFTA operations in Canada issued by the FAA, might also be acceptable, provided that they meet the requirements of the DND/CAF private operator checklists (e.g., maintenance program and control system, flight safety program, aircrew training system, control of spare parts, etc.)

X.2.2 The Contractor must be deemed capable of safely conducting the activities relating to defence and hold an appropriate authorization from the Operator’s national Civil Aviation Authority. When performing the required operations, the Contractor will operate under the airworthiness oversight of the Operator’s national Civil Aviation Authority [Insert the following, if applicable: “and in compliance with all requirements as a U.S. DoD Air Mobility Command Approved Commercial Vendor, where those requirements are more restrictive than the Operator’s national civil regulations”]. Notwithstanding, the DND/CAF reserves the right to conduct audits/inspections to ensure compliance with the contract.

3. “Aircraft Requirements” Contract Clauses

X.3. Aircraft Requirements

X.3.1 The aircraft must be identified by registration markings and must be either owned or controlled by the 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.3.2 The aircraft provided for the purpose of this charter must be equipped with serviceable equipment applicable to the types of operations required and suitable for the particular airspace through which the operations 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.3.3 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 personnel on board.

X.3.4 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, U.S. FAA 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) 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.3.5 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 aircraft operator will be responsible for any charges imposed by such legislation or regulations. Upon request, the aircraft operator must provide a copy of any such permit, licence or certificate to the DND/CAF. The aircraft operator 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 required for the service to be provided.

4. “Aircrew and Ground Crew Requirements” Contract Clauses

X.4. Aircrew and Ground Crew Requirements

X.4.1 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.4.2 All aircraft operator personnel acting as flight crew must each hold a valid flight crew licence, as defined in CARs Part IV (or FAR 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 equivalent FAR.

X.4.3 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 equivalent FAR), 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.4.4 Crew duty times must be within civil limits of the flight crew licences and regulations.

X.4.5 Ground crews must be approved for the support of the aircraft and equipment required.

X.4.6 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 or 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 depending on the applicant]

5. “General Operations” Contract Clauses

X.5 General Operations

X.5.1 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 Contracting Authority 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, and infractions of rules, regulations or orders.

X.5.2 The DND/CAF reserves the right to review the Operator’s operational procedures and provide guidance whenever necessary.

6. “Flight Safety” Contract Clauses

X.6 Flight Safety

X.6.1 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.

X.6.2 The aircraft operator must report specific military‑civilian occurrences to the AIA, as listed in Military Airworthiness Investigation Regulations (MAIR), paragraph 2(1) or (2), and 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.6.3 In the event of an incident or accident, the Operator must allow Aircraft Accident Investigators access to all relevant data, personnel, documentation and facilities to support a 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 Aircraft Accident Investigators to assist with an incident or accident investigation, upon request.

X.6.4 To reduce hazards to investigating personnel and the environment, the Contractor 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.

7. References

X.7 Airworthiness References

X.7.1 Canadian Aviation Regulations

X.7.2 Military Airworthiness Investigation Regulations

X.7.3 Electronic copies of DND/CAF manuals, publications and Airworthiness Audit Checklists will be provided by the DND/CAF

8. Additional Optional Clauses

The following requirements/clauses are not related to airworthiness, but are recommended as ‘best practice”: [Edit as required to suit the contract]

X.8 Special Circumstances.

The following requirements may be inserted as required.

X.8.1 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.8.2 Services provided are to be in accordance with CAF parachute safety regulations for Search and Rescue Technicians contained in Air Command Orders, including Standard Manoeuvering Manuals and covered with the TAO, rules and regulations. Copies of the Orders and Manuals are available upon request.

X.8.3 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.8.4 Supplementary oxygen must be utilized at all times when operating at cabin altitudes greater than 10,000 feet.

X.8.5 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.8.6 The contractor/aircraft operator must maintain passenger lists in a manner acceptable to the DND/CAF.