Under Canada’s Aeronautics Act, the Minister of National Defence is required to designate a member of the Canadian Armed Forces or an employee of the Department of National Defence as the Airworthiness Investigative Authority (“AIA”).  The AIA is responsible for advancing aviation safety by investigating military occurrences and military-civilian occurrences (which are accidents or incidents involving a civilian aircraft and a military aircraft).  Canada’s Director of Flight Safety has been designated as the AIA.

Although the Aeronautics Act currently provides the AIA with many similar powers as those granted to Canada’s Transportation Safety Board, AIA investigators are presently not authorized to compel civilians (including civilian aviation companies performing contract work for the military) to provide statements or relevant documents …

The issue of pilot intoxication has received a fair amount of media attention in Canada over the past few years. We have seen jail sentences imposed on airline pilots, a heavily publicized incident involving an intoxicated Sunwing pilot, and the fatal Carson Air Accident in 2015 (where investigators found significant levels of alcohol in the pilot’s bloodstream).  With the impending legalization of marijuana on October 17, 2018, it is a good time to consider the current regulatory framework for drug/alcohol testing in this new context.

Drug and Alcohol Testing

In Canada, there is no regulation that requires drug or alcohol testing for pilots.  In both India and Australia, breathalyzer tests are carried out on flight crews.  In the United States, …

The rights of air passengers in Canada are soon to be enhanced.  After several revisions and hours of Parliamentary debate, the Federal government enacted the Transportation Modernization Act on May 23, 2018.  As part of this new statute, the Canadian Transportation Agency (CTA) has been given a mandate to develop regulations for airlines’ obligations to air passengers.  The CTA has now opened a consultation process to receive input on the development of these regulations and to establish clear standards of treatment and consistent compensation for air travellers under certain circumstances.

The Transportation Modernization Act amends the Canada Transportation Act to give the CTA authority to make regulations defining the airlines’ minimum obligations to passengers with respect to a broad range …