. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/CAN/136 
14 July 2005 
 (05-3145) 
Committee on Technical Barriers to Trade Original:   English/ 
 French 
 
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   CANADA  
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   Department of Transport 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:    
Canadian Enquiry Point 
200-270 Albert Street Ottawa Ontario Canada, K1P 6N7  
Tel:  (+1 613) 238 3222 
Fax:  (+1 613) 569 7808 E-mail:  info@scc.ca 
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [ X ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Aircraft  (ICS:  49.020) 
5. Title, number of pages and langua ge(s) of the notified document:   Proposed Amendment 
to the Canadian Aviation Regulations (Part I)  (pages 2474-2481, in English and French) 
6. Description of content:   These proposed Regulations Amending Canadian Aviation 
Regulations  (Part I ) will introduce provisions in the Canadian Aviation Regulations  (CARs) 
to assist the implementation of bilateral agre ements between Canada and other contracting 
States who have ratified Article 83 bis of the Convention on International Civil Aviation 
(the Convention). 
These proposed amendments will introduce a new subpart 9 entitled Aircraft under an 
Agreement for Transfer of Functions and Duties in Accordance with Article 83 bis of the 
Convention  to Part I.  
Background  
The concept of aircraft registration, as expr essed in the Convention, implies responsibility 
by the State of registry for the ability of aircraft on its register to operate safely.  Each 
contracting State must ensure that every aircraft listed on its register complies with the laws 
and regulations that apply to th e flight of aircraft, regardless of where an aircraft may be  G/TBT/N/CAN/136 
Page 2  
 
 operated.  Any violation of these "rules of  the air" will be a matter for prosecution 
(Article 12 of the Convention).  In the case of  an aircraft engaged in international air 
navigation, the State of registry is responsible for the certification of the aircraft's airworthiness (Article 31 of the Conventi on), the licence to install and operate radio 
equipment (Article 30) and fo r crew licensing (Article 32( a)).  Although the Convention 
allocates safety oversight functions to the State of registry, which that State is entitled and 
obligated to discharge, the members of ICAO have  recognized that the State of registry may 
be unable to fulfill its responsibilities adequate ly in instances where aircraft are leased, 
chartered or interchange d with an operator of another Stat e and that the Convention may not 
adequately specify the rights and obligations of  the State of the operator in such instances. 
A State can be held liable for damage caused  by its failure to exercise its functions.  
Article 83 bis provides for a transfer of duties and functions, and their corresponding 
responsibilities, from the State of registry to the State of the operator.  The duties and functions which may be transferred are t hose covered by Articles 12, 30, 31 and 32( a) of the 
Convention 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
National Security 
8. Relevant documents:   Canada Gazette, Part I, 9 July 2005 
9. Proposed date of adoption:   
Proposed date of entry into force:   }not stated 
10. Final date for comments:   22 September 2005 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
The electronic version of the regulatory text can be downloaded at:  http://canadagazette.gc.ca/partI/2005/20050709/pdf/g1-13928.pdf