Simon's Legal Resources

Aviation - Air Operator Certificates

. Westjet v. Lareau

In Westjet v. Lareau (Fed CA, 2025) the Federal Court of Appeal dismissed a Federal Court appeal, this where the "legal question before this Court is the scope of the safety category: when is a flight disruption "“within the carrier’s control but ... required for safety purposes”" under section 11 of the Regulations?"

The court comments on the role of 'air operator certificates':

[118] As holders of air operator certificates that authorize them to operate a commercial air service, carriers are responsible to ensure compliance with all applicable regulations, including those that aim to ensure the safety of passengers. For example, they are required to establish and maintain an SMS [SS: Safety Management Systems] through which personnel are led to recognize the potential impact of their choices on the safety of operations and are made accountable for safety in the areas for which they have responsibility: CAR, ss 107.02 and 107.03. Such requirements aim to foster stronger safety cultures within the civil aviation industry and to improve safety practices: Regulatory Impact Analysis Statement, Regulations Amending the Canadian Aviation Regulations (Parts I, IV, V and VII), C. Gaz. 2005.II.1431.