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2 Air & Space Law. 1 (1984-1985)

handle is hein.journals/airspaclaw2 and id is 1 raw text is: Forum Dmmittee on and Space Law American Bar Association THE AIR AND SPACE LAWYEF Volume 2, Number I Fall 1984 Establishment of the Canadian Aviation Safety Board BY BERNARD M.-DEcHPNES, Q.C. * On April 1, 1984, an Act of Parliament was pro- claimed, officially establishing the Canadian Aviation Safety Board (CASB). Six months later, the Board became fully operational, when the second phase of the proclama- tion came into force. The Board's birth is a significant milestone in aviation safety in Canada, the culmination of a long series of attempts to avoid conflict of interest in in- vestigating transportation accidents. In 1973, a former Judge Advocate-General of the Armed Forces said in a report prepared at the request of the government that the only effective means of eliminating or reducing the risks of conflict of interest was through an inde- pendent transportation accident investigation and safety board. This principle was approved by the government in 1975 and an interim agency-pending the establishment of an independent transportation accident investigation agen- cy-an Aircraft Accident Review Board, was set up report- ing directly to the Minister of Transport. This interim board was empowered to conduct independent and objective reviews of accident reports of all major aircraft accidents and any others of high public interest or sensitivity. In 1977, legislation to establish an independent trans- portation accident investigation commission was drafted and in 1979 a bill was introduced in Parliament. However, the government was defeated in a general election before the legislation could be passed. In the summer of 1979, the new government established a commission of inquiry into aviation safety in Canada under Mr. Justice C. Dubin. His report was tabled in 1981 and the government accepted his primary recommendation that an independent aviation ac- cident investigation board be established in Canada. In the following months, legislation was drafted to create the Canadian Aviation Safety Board. Civil Aviation in Canada Before examining selected aspects of the new Board and the legislation which created it, the background to civil *Chairman, Canadian Aviation Safety Board. Formerly Senior Crown Prosecutor, Mr. Deschenes was engaged for many years in the private practice of law, especially in transportation. He is a former direc- tor of Canadair, Ltd. aviation in Canada may place the role of the Board in perspective. Civil aviation has played a long and key role in the development of Canada and the present scale of ac- tivity indicates its impact on the national economy. Over 60 million passengers are flown annually through the Canadian air transportation system. There are over 1,200 licensed airports in Canada, and Transport Canada oper- ates or financially assists over 250 of these. Eight have in- ternational status, and four are in the Arctic Territories. Approximately 900 certified Canadian air carriers and over 800 foreign carriers operate in and out of Canada's airports. The Canadian carriers range in size from the major ones, Air Canada and CP Air, to the regional and smaller carriers, which are a crucial link in the life of many of the remote areas of the country. There are over 85,000 pilots in Canada, including about 17,000 professional pilots and 25,000 student pilots. Also, there are approximately 25,000 aircraft in the country, one for every 1,000 citizens, one of the world's highest ratios. The aircraft accident rate has averaged about 700 per year, although it dropped to 540 in 1982 because of an overall reduction in air activity that year, due to higher fuel and operating costs and a continuing improvement in safety. On a per capita basis, more Canadians fly aircraft than in any other country in the world, and only in the United States is the per capita rate comparable. The Cana- dian aerospace industry employs over 40,000 people and another 40,000 work for Canadian airlines. The Canadian Air Transportation Administration (CATA)-with a mandate similar to that of the FAA-is a major branch of Transport Canada, employing over 14,000 people; it is responsible for the safe and efficient operation of the Can- adian air transportation system and it is larger than many other government departments. Future Developments While the CASB is a new organization confined to aviation, the government of Canada has begun to move toward development of a multi-modal safety board. A major study into marine safety has just been completed and almost immediately the government accepted its recom- mendations. Without the benefit of specific legislation, a I

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