PUBLIC PROTECTION AND ETHICAL GEOSPATIAL DATA DISSEMINATION AN INITIATIVE OF GEOIDE (PROJECT IV-23) Legal aspect related to aeronautical information Pascale Cloutier, student LL.B Université dOttawa Faculté de Common Law

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.

Aerodromes Airspace NAVAIDS & Fixes EnRoute Airspace Airport/Runway Procedures Terminal Route Routes Procedures Organizations & Services Fix Service Support air navigation

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 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) 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.

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. Annex 15 : AIS (continued)

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 (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 (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 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 I - AIP NOTAM AIP SUPPLEMENT AIC CAPCFSDAH CHARTS AIP CANADA THIRD PARTIES JEPPESEN AIRLINES OTHER AIS PROVIDERS NAV CANADA ETC … ORIGINATORS AERONAUTICAL INFORMATION/DATA STATE SOURCE DATABASE PRODUCERS AERODROME INFORMATION/DATA EN ROUTE INFORMATION/DATA OTHER AERONAUTICAL INFORMATION/DATA WEATHER AIRSPACE CUSTOMS ATC PROCEDURES INST. PROCEDURES

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 chains- associated 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