Notice of Charter Amendment (Nca)

NOTICE OF CHARTER AMENDMENT (NCA)

NCA 2006-4b

Reference

Division I – Section 9

English Title

Dissents - Oral

French Title

Dissidences - Verbales

Sponsor (indicate if not OPI Branch or TRANSPORT CANADA)

Transport Canada/Transports Canada

Language/langue (E/A - F - Both/les deux)

Both/Les deux

Issue:

How oral dissents are to be considered at CARAC.

Justification for Change:

Over the last few years, the CARAC Secretariat has attempted to advance oral dissents as presented at Technical Committees to the CARC without being able to advance the full position of the oral dissenters.The CARAC process being such, will automatically bring to the CARC table any oral dissent, even if the dissent is not fully substantiated either on the record or following the meeting.The CARC members, when this occurs, are often not able to fully consider the concerns raised.Although it is important that every stakeholder be able to have a say in the process and allow the CARC to consider other points of view not initially considered, without a written substantiation of the dissent, the CARC is often left with very little information to challenge the proposed rule.This proposed amendment will address how oral dissents need to be properly documented in order to allow the CARC to conduct a meaningful review of the concerns raised.

Current Text:

9. Dissents

Whether or not an agreement is reached during discussions, each CARAC member has the right to have an objection considered. However, should the member request it, the objection will be formally added to the record as a dissent which will ultimately be presented to CARC. Dissents may be presented orally during a meeting where it will be recorded as such. However, to ensure that the dissent is fully considered by CARC, it is recommended that dissents be presented in writing to the Secretariat. The dissenter and the Chair of the Technical Committee should also agree on a target date, during the meeting, for providing the written dissent to the Secretariat.

CARC will review the dissent relative to the issue and decide on the course of action to be taken. The Executive Director or the Secretariat, as appropriate, will also ensure that the dissenter is advised of the CARC decision. Members who provided verbal dissents will normally be advised orally at the next meeting of the Technical Committee. The Secretariat will endeavour to respond to any written dissent within 30 days of a CARC meeting. The response will contain a summary of the CARC’s decision.

After CARC has closed an issue, dissents and a summary of its disposition will also be provided to the members of the appropriate Technical Committee as an Appendix to the agenda and/or Decision Record for their information. New Text:

9. Dissents

Whether or not an agreement is reached during discussions, each CARAC member has the right to have an objection considered. Should the member request it, the objection will be formally added to the record as a dissent. Dissents are to be presented in writing to the Secretariat following the meeting so that they can be submitted to the CARC for consideration. The dissenter and the Chair of the Technical Committee will agree on a target date, during the meeting, for providing the written dissent to the Secretariat.

CARC will review the written dissent relative to the issue and decide on the course of action to be taken. The Executive Director or the Secretariat, as appropriate, will also ensure that the dissenter is advised of the CARC decision. The Secretariat will endeavour to respond to any written dissent within 30 days of a CARC meeting. The response will contain a summary of the CARC’s decision.

After CARC has closed an issue, dissents and a summary of its disposition will also be provided to the members of the appropriate Technical Committee as an Appendix to the agenda and/or Decision Record for their information.