There are two parts for Safety Management System CARs compliance. One is design of regulatory compliance, or layout of the plans, while the other is the operational processes for regulatory compliance, or layout for expected outputs. Regulatory compliance is documented in a manual with descriptions of requirements and operational process regulatory compliance are descriptions of how an airport, or airline plan to execute operations and collect data.
CARs 107.02 is applicable to both an applicant and a holder of an airport, or airline certificate. The certificate is an authority to operate and without a certificate there is no operations taking place. An applicant is not authorized to operate, while an operator is. That an operator has an authority to operate doesn’t change 107.02 to be applicable to operational processes.
CARs 107.03 is applicable to both airports and airlines to have in place a safety policy on which the system is based. As long as the safety policy is in place there is regulatory compliance. There is no requirement for operations to take place for this safety policy to be regulatory compliant.
The operational process for regulatory compliance are governed by 302.502 for airports and 705.152 for airlines. A safety policy for airports under 302.502 and airlines under 705.152 have actions involved, which is that the accountable executive has approved and communicated the safety policy to all personnel. Further, no matter how many operational errors, or findings there are under 302.502, or 705.152, these findings do not change applicability to become findings under Canadian Aviation Regulations 107.02.
Examples that findings under 302.502 or 705.152 do not convert to 107.02 findings can simplified be explained by comparing aviation to highway travel. Generally speaking, there are two important regulatory requirements to operate a highway, which are markings and signs. Markings and signs are planned, developed and installed prior to highway operations. It is known, or predicted, where these signs and markings will be when the highway is completed. These markings and signs are the highway’s safety policy, with maximum speed established on a sign or marking that clearly identify the limits.
Speed bugs for operational compliance.
After data is collected, results are analyzed and assessed for operational compliance. If the majority of drivers violates the speed limit, does affect the system of how markings and signs are planned, developed and installed.
Non-confirming highway users are not charged, or made findings, under the system of planning, developing and installing markings and signs, but under the operational component of maximum speed limits. This could be compared to airport and airlines, where CARs 302.502, or 705.152 operational findings remains operational findings and do not convert to CARs 107.02 system findings.