I read a copy of an email today from Civil Aviation Communications Centre, Transport Canada, which follows.

Dear [Name witheld]:

Thank you for once again writing to Transport Canada’s Civil Aviation Communications Centre.

The Canadian Aviation Regulations pertaining to safety management systems are not applicable to foreign operators.

Please do not hesitate to forward this to other persons with the same questions.

Sean
Civil Aviation Communications Centre, Transport Canada /
Centre de communications de l’Aviation civile, Transports Canada

1 800 305-2059
Facsimile / Télécopieur 613-949-4204
services@tc.gc.ca / www.tc.gc.ca/CivilAviation

330 Sparks Street (AARCB), Ottawa ON  K1A 0N5
330 rue Sparks (AARCB), Ottawa ON  K1A 0N5
Government of Canada / Gouvernement du Canada

I sent an email to Transport Canada asking for additional clarification.  My email is as follows:

Dear Sir,

I would like to confirm your statement that “The Canadian Aviation Regulations pertaining to safety management systems are not applicable to foreign operators” (see email from Transport Canada below).

From the Convention on International Civil Aviation (ICAO Doc 7300/9):

Article 11 – Applicability of Air Regulations Application – states:

Subject to the provisions of this Convention, the laws and regulations of a contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of aircraft while within its territory, shall be applied to the of all contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State.

Article 12 – Rules of the Air – states:

Each contracting State undertakes to adopt measures to insure that every aircraft flying over or maneuvering within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable.

I have looked in the Annex Addendums and do not see a difference filed by Canada, with regard to regulatory oversight of foreign State aircraft, pertaining to the SMS requirement.  If your statement is correct I would appreciate an explanation of how I can interpret which Canadian regulations apply or don’t apply, as the case may be, to foreign operators.

Thank you for your consideration.  I anxious await your response.

I’ll publish Transport Canada’s response to my email when receive it.