A number of industry associations, including HAC, have been articulating their concerns over the Minister of Transport’s inaction with respect to the use of Cannabis by Flight Crews. Transport Canada’s position is summarized, below:
“Transport Canada (TC) has an existing regulatory framework in place concerning impairment. Pursuant to the Aeronautics Act, and the Canadian Aviation Regulations (CARs) and medical standards address the consumption of impairing substances by Medical Certificate (MC) holders. Specifically, the CARs (sections 602.02, 602.03 and 801.01) require fitness for duty, and direct that that no person shall act as a crew member of an aircraft, as an air traffic controller, or flight service specialist while using or under the influence of any drug that impairs faculties to the extent that aviation safety is affected. In addition, Standard 424 requires that all MC holders be free of any abnormalities or effects/side-effects of prescribed or non-prescribed drugs that would interfere with the reliable function of duties.
The TC prohibition on impairment, whether caused by cannabis or any other substance, remains unchanged. The use of cannabis, under the CARs, is a disqualifying factor for obtaining a Medical Certificate to fly or control aircraft.”
At the same time, the Minister is currently instructing Canadian Aviation Medical Examiners (CAMEs) to defer the approval of Medical Certificates for individuals who have used Cannabis in the previous year, and they are instructing Operators to develop their own internal policies on Cannabis use, and to monitor their flight crews. In the absence of more specific guidance from the Minister, industry has argued that they are open to challenges from their employees, particularly if they have implemented a random testing program, or a term-limited or complete ban on the use of the drug.