A runway end safety area (RESA) is a clear graded area at the end of a runway intended to reduce the risk of damage to an aircraft which overruns the runway. ICAO Annex 14, Aerodrome Design and Operations, prescribes a standard international RESA of 90 metres for runways coded 3 or 4 from the end of the runway strip and recommends a RESA of 240 metres where practicable.
The Runway End Safety Area Debate
May 9th, 2012 | CommentsNo Aviation Insurance Coverage for Pilot Without Valid License
March 7th, 2012 | Comments
In a past post, we reported on the case of Mr. Nicholas Gudzinski, who was killed on August 19, 2006, when he lost control of his aircraft after making a slow-speed pass at a low altitude. Gudzinski had earned his Canadian private pilot’s license in 1993, but his most recent medical certificate had expired on June 1, 2005.
Gudzinski’s estate submitted an insurance claim for damage to the aircraft as a result of the crash. The aviation insurer denied the claim, on the basis that the policy only provided coverage to an “approved pilot … who has the required license.”
Pilot Sentenced to 9 Months in Jail for Dangerous Operation of an Aircraft
February 14th, 2012 | Comments
A young pilot from Saskatchewan has been sentenced to 9 months in jail and has had his licence suspended for two years in connection with an incident that occurred at the Fort Good Hope Airport, NWT, on May 10, 2010.
Parker James Butterfield was charged with criminal negligence causing death and dangerous operation of an aircraft after the wing of the Cessna 207 that he was flying struck a co-worker, William Bleach.
Bleach was standing by the side of the runway filming while Butterfield performed a low pass. A wind gust caused the aircraft’s wing to dip and strike Bleach in the head. Bleach later died from his injuries.
In October 2011, Butterfield pled guilty to the lesser charge of dangerous operation of an aircraft. On January 9, 2012, Butterfield was sentenced to 9 months in jail and had his licence suspended for 2 years. The Saskatchewan Court of Queen’s Bench judge said that Butterfield was remorseful and posed a low risk to reoffend, though jail time was warranted for operating an aircraft dangerously. The Crown had been seeking up to 18 months of jail time.
New Regulations on Marking and Lighting Obstacles to Air Navigation
February 6th, 2012 | Comments
Marking and lighting towers and other tall objects that could be obstacles to air navigation is a critical element of aviation safety. Until recently, the Canadian Aviation Regulations contained few clear requirements regarding obstacles to air navigation. On December 31, 2011, new regulations came into effect that expand and clarify these requirements.
The new provisions were in the works for approximately 10 years and were largely driven by a working group composed of representatives from the government, aviation stake-holders, and non-aviation stakeholders (such as energy producers, like Manitoba Hydro) all seeking greater clarity and more concrete requirements under the Regulations.
Being Tall is Not a Disability
January 31st, 2012 | Comments
Being tall can have many perks: a better view at concerts and sporting events and the ability to reach objects on the high shelves at grocery stores. But being tall also comes with its challenges: not being able to comfortably sit in aircraft seats with limited leg room.
But is being tall a disability?
Malcolm Johnson, who stands 6’7½ ”, filed an application with the Canadian Transportation Agency pursuant to Subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10 (the “CTA”) against Air Canada with regard to the additional fees charged for economy class seats with extra leg room.
13th Annual Aviation Conference
January 19th, 2012 | Comments
The aviation partners of Paterson, MacDougall LLP and Alexander Holburn Beaudin & Lang LLP are pleased to announce that the 13th Annual Aviation Conference will be held on Wednesday, February 1, 2012, at the Sheraton Toronto Airport Hotel and Conference Centre.
The 13th Annual Aviation Conference continues its tradition of excellence in providing an opportunity for exceptional speakers to come together with attendees from all areas of the aviation industry to examine and discuss topical issues that affect our industry.
The conference will include panel discussions on developments in the areas of aviation law, government initiatives, insurance, commerce and regulation that affect all of us in Canada and internationally. Speakers at this year’s conference will canvass such issues as the Canadian all-in airfare advertising changes, jurisdiction for suits against tour operators, statutory requirements for payment of passenger medical expenses, Canadian Transportation Safety Board reporting requirements and the annual legal update on liability.
For details, click here.
As the Fur Flies: Airlines Ordered to Amend Pet Policies
January 16th, 2012 | 1 Comment
A recent Canadian Transportation Agency decision has ruled that Air Canada, Jazz and WestJet need to amend their policies with respect to the carriage of cats as carry-on baggage in the aircraft cabin.
The decision resulted from a complaint by three passengers who all suffer from severe cat allergies. Although some of the complainants asked that all animals (other than service animals) be prohibited in the cabin, the Canadian Transportation Agency (CTA) only decided the issue with respect to cats as the complainants were only allergic to cats, and not other animals.
In a previous hearing, the CTA ruled that the complainants’ allergies were severe enough to constitute a disability. The next question for the CTA was whether the current policies of Air Canada, Jazz and WestJet constituted an obstacle to the mobility of the complainants. If so, the CTA would consider the appropriate accommodation to be made for the complainants and persons whose cat allergies result in a disability. Read the rest of this entry »
“Death Review” Panel?
January 10th, 2012 | Comments
In November 2011, the British Columbia coroner’s office announced the appointment of a “death review” panel to inquire into float plane safety in the province.
The purpose of this exercise is unclear.
According to the coroner’s office, the panel was created in response to four “commercial float plane crashes between August 2008 and May 2010”. From the perspective of November 2011, this is hardly a rash of accidents. More significantly, the Canadian Transportation Safety Board has already undertaken and completed its investigations into these accidents and delivered its final reports. These reports disclose little or no commonality among the four accidents other than the fact that they occurred during flying operations on the west coast of British Columbia. Read the rest of this entry »
Federal Court of Appeal Suspends Order Requiring Compliance with Official Languages Act
December 29th, 2011 | CommentsOn December 12, 2011, Chief Justice Blais of the Federal Court of Appeal of Canada (“FCA”) granted a suspension (a “stay”) of a rare structural injunctive order, pending an appeal commenced by Air Canada (click here for decision).
The Plaintiffs, Michel and Lynda Thibodeau, had initially logged eight complaints with the Commission of Official Languages concerning the lack of bilingual services on eight different Air Canada flights. Due to its former Crown Corporation status, and unlike other Canadian airline carriers, Air Canada is required to comply with the Official Languages Act (the “Act”).
Uncle Sam is Watching (Part 2)
December 7th, 2011 | Comments
In a previous post, we discussed amendments to the Aeronautics Act which allowed Canadian airlines to provide passenger information to the United States Department of Homeland Security (“DHS”) for international flights that not only land in, but also overfly the United States. The specifics of the information to be provided was to be set out in future regulatory amendments. The new amendments came into effect on September 30, 2011.
Under the U.S. Secure Flight program, air carriers are required to share certain passenger information for flights travelling over continental U.S. airspace to a third country. The information is to be provided to the DHS approximately 72 hours before departure. In situations where the reservation was created within 72 hours of departure, the information must be submitted as soon as possible.
