Legal aspect related to
aeronautical information
Pascale Cloutier, student LL.B
Université d’Ottawa
Faculté de Common Law
PUBLIC PROTECTION AND ETHICAL GEOSPATIAL DATA DISSEMINATION
AN INITIATIVE OF GEOIDE (PROJECT IV-23)
OVERVIEW
My background
Context of my research
ICAO
What is Aeronautical Information Services
Situation in Canada
Regulatory Requirement
Legal aspect
My background
International Civil Aviation Organisation
(ICAO)
”The International Civil Aviation Organization, a
UN Specialized Agency, is the global forum for
civil aviation. ICAO works to achieve its vision
of safe, secure and sustainable development
of civil aviation through cooperation amongst
its member States. ”
One of ICAO's mission is to produce standards
so they can be easily used and applied by its
member States.
192 States
Chicago Convention
18 Annexes
- Annex 4: Aeronautical Charts
- Annex 15 : Aeronautical information
Services (AIS)
What is Aeronautical information
services (AIS)?
A service established within a
defined area of coverage for the
provision of aeronautical
information/data necessary for
the safety, regularity and
efficiency of air navigation.
EnRoute Airspace
Route
Terminal
Fix
Procedures
Service
Airport/Runway
Airport/Runway
Support air navigation
• Aerodromes
• Airspace
• NAVAIDS & Fixes
• Routes
• Procedures
• Organizations &
Services
• Corrupt or erroneous aeronautical
information/data can potentially
affect the safety of air navigation.”
Aeronautical Information Service
• To satisfy the uniformity and
consistency in the provision of AI/D
that is required for the operational use
by computer-based navigation
systems, States shall avoid standards
and procedures other than those
established for international use.”
Annex 4: Aeronautical Charts
1.3.7 A contracting State shall take all
reasonable measure to ensure that the
information it provides and the aeronautical
chart made available are adequate and
accurate and they are maintained up to date
by an adequate revision services.
Annex 15 : Aeronautical information Services
(AIS)
3.1.7 An AIS shall receive and/or originate,
collate or assemble, edit , format,
publish/store and distribute aeronautical
information/data concerning the entire
territory of the State as well as areas in which
State is responsible for Air traffic services
outside its territory.
Annex 15 : AIS (continued)
• 3.2.1 Each contracting State shall take all
necessary measure to introduce a properly
organized quality system containing
procedures, processes and resources
necessary to implement quality management
system at each function stage.
Situation in Canada
We are member of ICAO
In 1996 the provision of Air Navigation Services was divided
Regulator as Transport Canada
Service Providers as NAVCANADA
(corporation)
Situation in Canada
Responsibility of the Minister
4.2 The Minister is responsible for the
development and regulation of
aeronautics and the supervision of all
matters connected with aeronautics
Legislative Requirements
CANSCA REQUIREMENTS
CANSCA – Part II
10. (1) … No person other than the Corporation shall, on the
transfer date, provide
(a) Aeronautical information services
(b) … (c) …
in respect of Canadian airspace or any other airspace for
which Canada has responsibility for the provision of ATC
services
In Canada
 CAR 803.01 (1) In this subpart, « aeronautical
information services » means the services
necessary to meet the requirements of Annexes
4 and 15 to the Convention that relate to
aeronautical information
 CAR 803.01 (2) No person shall provide
aeronautical information services except in
accordance with the standards set out in
Annexes 4 and 15 to the Convention
CANSCA REQUIREMENTS
Legislative requirements
CANSCA
10 (4) A person may provide aeronautical information services
if the person is disseminating aeronautical information
(a) that was initially disseminated by the Corporation
( for third parties provider)
AIRAC PROCESS
42 days prior to effective date
,every 56 days the data change
ORIGINATORS
AERONAUTICAL
INFORMATION/DATA
AERODROME
INFORMATION/DATA
EN ROUTE
INFORMATION/DATA
AIRSPACE
WEATHER
CUSTOMS
ATC PROCEDURES
INST. PROCEDURES
OTHER AERONAUTICAL
INFORMATION/DATA
STATE SOURCE
NAV CANADA
THIRD PARTIES
JEPPESEN
I - AIP
AIRLINES
DATABASE
PRODUCERS
AIP CANADA
CAP
CFS
DAH
CHARTS
AIP SUPPLEMENT
AIC
NOTAM
OTHER AIS
PROVIDERS
ETC …
Aeronautical Information
REQUIREMENTS – Process
AIRAC PROCESS
42 days prior to effective date
every 56 days the data change
- State source to print and disseminate
- AIS third party providers to review, print and disseminate
- Data producers to review, code, format, and disseminate
- Airlines to review, code, format, print and disseminate
Users to receive information at least 10 to 14 days prior to
the effective date
Provision of Aeronautical
Information Services
I - AIP
LEGAL ISSUE
The format and use of AIS is changing:
increased digital format and data chainsassociated risks for integrity, accuracy,
consistency of data
– The group player is changing
– The ambition are changing
– The legal climate is changing
Legal issue (continued)
• Legal implication
– Responsibilities and liability
– Ownership of data –IP
– What are the other legal aspect?
Intellectual property
• With separation of function like in Canada,
– who owns the data?
• Private corporation or State data
• Third party provider
• Fees\(redevance)
• In principle no ownership of raw/factual data
• May depend on national legislation on IP?
• Value-added databases might be copyright protection?
•
Exemple:
- Australia,
– Privatisation of AIS in CA,
– Jeppesen
– ICOA legal and institutional legal issue
Conclusion
QUESTION ?
THANK YOU!
Pascale Cloutier
pclou053@uottawa.ca