I am, sir.
Good afternoon, Mr. Chairman, ladies and gentlemen.
I am Lieutenant Colonel Jacques Laplante. I am the Chief Flight Safety Investigator at the Directorate of Flight Safety at National Defence and I thank you for allowing to make some introductory remarks to this committee on the proposed amendments to the Aeronautics Act. I would first like to say that these amendments are critical for the continued success of the Canadian Forces Flight Safety Program and the department's Airworthiness Program because they will allow us to correct multiple deficiencies that presently exist.
The director of flight safety, Colonel Shelley, is responsible for maintenance and implementation of the Canadian Forces flight safety program. Colonel Shelley, my boss, unfortunately had to be away today on flight safety duties.
Our flight safety program is a very successful program that deals with prevention, safe behaviour, and protocols for occurrence investigation. It has been in existence for more than sixty years and has been used by several other countries as a model for the development of their own programs.
The sole purpose of the flight safety program is to identify aviation safety deficiencies in military aviation matters and to make recommendations to eliminate or reduce such deficiencies. It is very important to note that our investigations are not used for disciplinary or administrative purposes.
Recent changes to the way air force operations and training are supported have led to a serious gap in the legal authorities for the investigation of military aviation safety matters when civilians are involved. The amendments would fix this gap. As you may know, civilian contractors are becoming more and more engaged in our air operations and training, with activities ranging from major maintenance overhauls on our aircraft to the long-term lease of Canadian-owned aircraft at the NATO Flying Training Centre, in Moose Jaw. Those are two examples.
The National Defence Act provides legal authority in respect of persons subject to the Code of Service Discipline, and lawful orders may be given to ensure the cooperation of military personnel involved in military aviation accident investigations. However, the National Defence Act does not generally apply to civilians, and certainly not in this context.
I must also point out that the civilian Transportation Safety Board is prohibited, by its enabling legislation, from investigating military aviation accidents unless the situation involves a separate civilian aviation facility or a non-military airplane. The investigation must then be coordinated with the Department of National Defence.
While we are responsible under the Aeronautics Act for military flight safety investigation, military investigators have no legal means of obtaining information from civilians and civilian contractors involved in military aircraft accidents. This responsibility cannot be exercised by the Transportation Safety Board because the Canadian Transportation Accident Investigation and Safety Board Act precludes them from investigating strictly military aircraft accidents.
Another related problem is our inability to obtain certain information critical to flight safety investigations, specifically from civilian companies and next of kin. Civilian companies provide a wealth of technical data and next of kin provide human factor data unavailable from any other source.
Ideally, we would also like to request that these organizations and individuals review preliminary draft investigation reports for their input. However, there is currently no penalty for unauthorized or premature release of information during the consultation process of the investigation. Since early release of investigation reports can compromise the investigation, we are very reluctant to conduct this kind of consultation, in fear of untimely release of incomplete or inaccurate information.
The lack of information can also be very traumatic for next of kin, because in complex investigations that last years in some cases, they do not receive timely updates on the investigation until it is complete. This, too, is based upon the possibility of untimely release of information.
These release problems will be solved by the provisions of the amendment that will make unauthorized release of investigation information contrary to the Aeronautics Act. This will allow us to share preliminary information during the consultation phase of the investigation process, with confidence that it will not be released.
The new part II of the Aeronautics Act will give military investigators appropriate powers to conduct full and proper investigations into military aircraft accidents that may involve civilians. Military investigators will be thoroughly trained in respect of all aspects of their new powers before being allowed to exercise these powers. As the new powers are similar to those currently set out in the Canadian Transportation Accident Investigation and Safety Board Act for the Transportation Safety Board, the private sector involved in aviation matters in Canada should be very familiar with their application.
The amendments will also encourage voluntary reporting by protecting the identity of persons who report. And the amendments will also facilitate the sharing of information with the Transportation Safety Board, for coordinated investigations, since both offices will have the same obligations to protect privileged information.
Lastly, the proposed legislation will obligate the Department of National Defence to publicly release the final flight safety investigation, to ensure the public of an open, independent investigation process. We have been doing this on our own initiative since 2003, as a normal practice for all final investigation reports.
In conclusion, the proposed amendments are critical to improving the ability of the Canadian Forces to ensure the safety of the men and women in the military aviation community, civilians involved in military aviation, and the general public.
I will be pleased to answer any questions the members of the committee may have. I am also assisted here today by Mr. Alex Weatherston, our legal counsel at the Department of National Defence, from the legal services office, who has worked on the development of this bill.
Thank you, Mr. Chair.