January 17, 2017 – Fitness to Fly

DECISIONS

• Passenger Claim – Unfit to fly – Viens c. Sunwing, 2016 QCCQ 15820
  $15,000 claim due to refusal to allow passenger to fly without medical certificate – Passenger obtained certificate but flight had departed – Decision to prohibit passenger to fly was made using all reasonable tools and with safety of all passengers in mind – Dismissed
• Discipline and termination – Unjust dismissal – Molina et Grand Falls Aviation Service Ltd., Re, 2016 CarswellNat 7018
  Employee was dismissed – Employee brought unjust dismissal complaint under Canada Labour Code – Employee worked for period of six months in 2013 and period of three months in 2014 – Employee did not meet Code requirements as work did not exceed statutory threshold of twelve months of work without interruption for same employer – Complaint dismissed
• Appeal – Employer seeking SEIF relief – Decision No. 3232/16, 2016 CarswellOnt 20894
  Aircraft engineer suffered carpal tunnel syndrome – Surgery performed and employee received LOE for recovery and NEL for residual impairment – Employer appealed based on pre-existing condition – Neither condition employee had eligible for SIEF relief – Appeal denied

CIRB DECISIONS

• Bargaining Unit Order – Flair Airlines Ltd. – Order No.: 11087-U
  Certification – All pilot bargaining unit

• Bargaining Unit Scope – Canadian North Inc. – Order No.: 11088-U
  Bargaining unit amendment – Exclusions added

CANADIAN TRANSPORTATION AGENCY DECISIONS

• Application – Pascan Aviation Inc. – Decision No. 3-A-2017
  Request cancellation of Licence Nos. 000019 and 00002
• Application –  China Southern Airlines Company Limited c.o.b. as China Southern Airlines and as China Southern, on behalf of itself and Xiamen Airlines Co., Ltd. c.o.b. as Xiamen Airlines – Decision No. 4-A-2017
  Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended
• Application – Clay Lacy Aviation, Inc. – Order No. 2017-A-5
  Exemption from the application of section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
• Application – Prime Jet LLC – Order No. 2017-A-6
  Exemption from the application of section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
• Application – ACP Jet Charters, Inc. c.o.b. as Phenix Jet and as ACP Jets of West Palm Beach, Florida, United States of America – Decision No. 5-A-2017
  Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended

TC/TSB NEWS

• Unstable approach led to May 2014 hard landing of Air Canada Rouge flight in Montego Bay, Jamaica

• October 2014 risk of runway overrun at Billy Bishop Toronto City Airport attributed to deviation from standard landing procedures
• TSB Quarterly Review — Third quarter 2016-17
• MMEL Revision
• TC MMEL Supplement
• Canadian Airworthiness Directive

UNION NEWS

• ALPA: Statement on FAA’s final ruling on medical certification for pilots
• UNIFOR: Local 2002 welcomes new Canadian North AME members from Calgary, Yellowknife and Iqaluit

AVIATION MEDIA

• Blame unions for our drunk pilot problem
• Canada’s two largest airlines embark on 2017 on solid footing; ULCC threat remains a wildcard
• Charter airline says it got cold reception in Nunavik
• Kasper Airlines grounded by Transport Canada
• Pilots union pressures Transport Canada to check foreign pilot credentials
• Sunwing pilot’s ‘misunderstanding’ caused bomb scare near Toronto’s Pearson airport