Short Deadlines, Big Impact: The Growing Challenge of Interim Orders

Several recent Transport Canada (TC) Interim Orders (IOs) are being introduced to expedite the implementation of ICAO-related requirements in response to findings identified during the 2023 ICAO Universal Safety Oversight Audit Programme (USOAP). While these changes may ultimately be incorporated into the Canadian Aviation Regulations (CARS) through the normal rulemaking process, operators are currently being asked to review and comment on significant regulatory proposals within just seven calendar days; or effectively five working days.

ATAC has consistently expressed concern to Transport Canada (TC) about the challenges posed by these compressed consultation periods. Meaningful stakeholder engagement requires sufficient time for operators to assess operational, training, compliance, and resource implications before providing informed feedback. The burden is particularly challenging during the summer months, when many organizations are already managing reduced staffing levels due to scheduled vacations and peak operational demands.

ATAC will continue advocating for consultation timelines that support thorough industry review and meaningful participation. In the meantime, we are committed to keeping members informed by distributing Interim Orders as quickly as possible, along with concise summaries of key requirements, potential operational impacts, and areas that warrant immediate attention during the review and implementation process.

Here’s a summary of the Interim Orders – All are designed to align with ICAO standards:

Interim Order No. 1

Effective: July 9, 2026

This order introduces requirements in areas including ATS (Air Traffic Services) phraseology, language proficiency, PPC requirements, and procedures involving aircraft or vessels in distress.

Key Items for ATAC Operators

• Check Authority - Corrects a regulatory gap by ensuring that checks are performed in accordance with applicable Commercial Air Service Standards and associated TC publications.

• Aircraft and vessels in distress - Establishes new requirements for pilots who observe an aircraft or vessel in distress, or receive a distress transmission, including from a distress beacon.

• Language Proficiency – Licence validity is tied to language proficiency: operational level is valid for three years while expert level remains indefinitely.

Interim Order No. 2

Effective August 20, 2026

This order contains several new requirements for air operators, focusing on Flight Data Monitoring programs, 703 & 704 standard operational procedures (international ops only), MEL’s for 703’s with international ops, and risk mitigations while operating over or near conflict zones.

Key Items for ATAC Operators

• Flight Data Monitoring Program - requirements for applicable operators to establish and maintain a standardized Flight Data Monitoring Program as part of its SMS.

  • Important: Operators must provide TC with a declaration of compliance no later than Sept 24, 2026, for aircraft with a MCTOW of more than 27,000 kg. For aircraft more than 15,000 kg, and seating capacity of 20 or more, the declaration must be made before operating that aircraft only if the certificate of airworthiness was issued on or after January 1, 2027.

• Standards Operating Procedures (SOPs) for international single-pilot operations conducted under Subparts 703 and 704 - requirements for international single-pilot 703 & 704 operations to establish, maintain, and comply with SOPs. Operators must comply with this starting on September 24, 2026, and ensure a copy is kept onboard.

• Minimum Equipment Lists (MEL) for 703 operators engaged in international operations - 703 operators engaged in international operations will require an MEL where there is an established Master MEL for that aircraft type.

  • Important: Operators must have an approved MEL starting on September 24, 2026, for each aircraft that has an established Master MEL.

• Operations in conflict zones - All commercial air operators except those operating under Subpart 702 (Aerial Work) and all helicopters operating under 703 &704 to undertake a risk assessment and develop risk mitigation measures when operating over or near conflict zones.

Interim Order No. 3

Expected Effective Date Sept 9, 2026

 This order focusses solely on tracking and locating aircraft in distress and also includes training and COM requirements.

• Global Aeronautical Distress & Safety System - applicable air operators to establish and maintain capabilities and procedures for aircraft tracking and autonomous distress tracking, along with the development of a related training program.

  • Applies to all 705 operators and only for international operations under 703 & 704.

  • Automated tracking only applies to aircraft with an MCTOW of more than 45,500 kg that operate under 705.

  • Important: Operators must submit their updated COM within 30 days from the date this order comes into force.

If you have any questions or need a copy of these orders, please don’t hesitate to contact DRankin@atac.ca.