Procedural Direction for Air Transat Hearing

The following directions on procedure are issued to assist the Canadian Transportation Agency (CTA) in its investigation of this matter and to provide parties with information on the organization and conduct of the public hearing. These directions may be subject to change from time to time as the Agency may determine.

1. Oral hearing

The CTA will hold an oral hearing in this inquiry to be held on Wednesday August 30 and Thursday August 31, 2017 at: 160 Elgin Street, 11th Floor, Room 11A-50, Ottawa, ON.

The hearing will begin at 10:00 a.m. on Wednesday, August 30, 2017 and will last no more than 2 days.

2. Participation

Participation in the hearing will be limited to those organizations and individuals directly involved in, or affected by, the incidents that are identified by the Agency in the attached distribution list (Participants).

All other persons interested in the proceeding and members of the public are invited to attend the hearing as observers. Seating will be limited and available on a first come, first served basis.

3. Order of Proceeding

Wednesday August 30, 2017

10:00 – 10:15

Opening Remarks by the Chair of the CTA Panel, Scott Streiner

10:15 – 11:00

Passengers of TS507, as a Panel:

• Marie-Hélène Tremblay
• Alan Abraham
• Patricia Abraham

11:00 – 12:15

Passengers of TS157, as a Panel:

• Brice de Schietere
• Blaise Pascal Irutingabo
• Marc Jetté
• Maryanne Zéhil

12:15 – 13:15

Lunch Break

13:15 – 15:45

Ottawa International Airport Authority (CYOW), as a Panel:

• Mark Laroche (CEO)
• Ian Bell (Vice President of Operations and Infrastructure)
• Adam Whitehorne (Duty Manager)

16:00 – 17:00

Aircraft Service International Group (ASIG), as a Panel

• Matthew Robillard (refueller)
• Michael Jopling (Station Manager, fuel operations)

Thursday August 31, 2017

9:00-9:15

Day 2: Opening Remarks by the Chair of the CTA Panel, Scott Streiner

9:15 – 10:00

First Air Operations

• Carol Clark (Director, Ground Services)
• Crystal Campbell (Dispatcher)
• Owen Prosser (Ramp Services Coordinator)

10:15 – 12:15

Air Transat, Panel structure to be determined

• Matthew Jackson (Director, Flight Safety and Captain A330)
• Yves Saint-Laurent (Pilot of TS507)
• Julie Clermont (Flight Director of TS507)
• Denis Lussier (Pilot of TS157)
• Igor Mazalica (Flight Director of TS157)

12:15 – 13:15

Lunch Break

13:30 – 16:30

Air Transat (continued)

• Dan Adamus (President of Air Line Pilots Association)
• Jean-Francois Lemay (President-General Manager)

16:45 – 17:00

Closing Remarks by the Chair of the Panel, Scott Streiner

The CTA will not amend the Order of Proceedings, barring exceptional circumstances. The Order of Proceedings will be available on the CTA’s website at the following link: www.otc-cta.gc.ca and will be updated, if necessary, prior to the hearing.

Participants are responsible for monitoring the progress of the hearing so that they are aware of any CTA directions and are ready to make their presentation at the time scheduled or, if necessary, before or after their scheduled time of appearance, depending on the progress of the hearing. A webcasting link will be available throughout the hearing on the CTA’s website at www.otc-cta.gc.ca.

4. Presentations

The allotted presentation time for each witness is indicated in the attached Order of Proceedings. The appearance of witnesses is to supplement and clarify, not repeat, information contained in their written statements. Appearance time will be constrained and much of that time will be devoted to questions. In the interests of efficiency, some witnesses have been asked to appear together in panels. Witnesses may use their time to discuss any aspect of their submissions or respond to any aspect of the written submissions made by other parties to this proceeding.

Witnesses may make use of audio-visual aids in their presentations the duration of which must be included in participants’ allocated presentation time. Witnesses who wish to employ an audio-visual aid are to contact the Hearing Registrar, Kizzy Barrett at OTC.greffier-registrar.CTA@otc-cta.gc.ca by no later than noon on Tuesday, August 29, 2017, and identify specifically what audio-visual aid from their submission will be relied upon. To facilitate the interpretation of these audio-visual presentations, the CTA requires that Participants provide, prior to their presentations, a transcript (2 copies) for the interpreters at the hearing. Please note that this transcript will not be added to the public record as it is solely for the use of the interpreters.

5. New documents

Should a participant wish to bring forward new evidence, including proposed exhibits or attachments to an oral presentation, the participant must notify the Hearing Registrar Kizzy Barrett at OTC.greffier-registrar.CTA@otc-cta.gc.ca of their intention in advance of their oral presentation and must request permission to do so from the CTA Panel at the beginning of their oral presentation. Where the Agency accepts the late filing, 20 copies of these documents must be provided to the Hearing Registrar.

6. Confidentiality

Any information filed in this proceeding will be placed on the CTA’s public record, subject only to a claim for confidentiality being made at the same time that the information is provided to the CTA and the CTA granting the claim. Any claim for confidentiality must demonstrate the specific direct harm that the individual or organization will suffer if the information is disclosed and that the harm outweighs the public interest in disclosure. Claims for confidentiality that do not address this will be automatically rejected and the information will be placed on the public record.

7. In camera proceedings

In the event that confidential information is discussed at the hearing, those portions of the hearing will have to take place in camera, or on a confidential basis, given the possibility that confidential information may be discussed. In such an event, parties are required to present their case and question witnesses in public to the fullest extent possible. In camera proceedings, where necessary, will commence immediately after the witness has presented their public evidence and has been questioned publicly.

8. Notification of attendance and further inquiries

In order to assist the CTA, witnesses must file the following with the Hearing Registrar at OTC.greffier-registrar.CTA@otc-cta.gc.ca by noon on Tuesday, August 29, 2017:

• Your full name, mobile telephone number and email address to be used to contact you immediately preceding and during the hearing, if necessary, to obtain information or to inform you of matters relating to the hearing.
• The names and titles of any individuals, including representatives (if any), who will attend with you at the hearing.
• The language in which you intend to make your presentation.
• The evidence that you intend to refer to in your presentation in order that CTA staff can ensure that it is readily available.
• Whether you require any special accessibility accommodations.

Please note that this information will not be posted on the CTA’s website.

9. Questioning

Air Transat will have the right to question witnesses appearing at the hearing, after they give their testimony. Any other counsel or participant that wishes to briefly question a witness must make a request to the CTA Panel immediately after that witness’s testimony and Air Transat’s questioning is completed, describing the purpose and expected duration of their proposed questioning.

10. Undertakings

Should a party be unable to respond to a question by counsel, the CTA Panel or legal counsel at the hearing, the party may be asked to undertake to file the information requested at a later date.

Parties are required to fulfill any undertakings given by them or their witnesses by September 8, 2017 unless otherwise determined by the CTA Panel. Undertakings will not be confirmed on the record at the end of the presentation. Any party who wishes to confirm the content of its undertakings may speak with CTA legal counsel.

11. Transcripts

The CTA has made arrangements with International Reporting Inc. to provide stenography services for the hearing. Transcripts will be available on request 10 days after the close of the hearing.

Should you have any questions or concerns, please contact Agency Senior Counsel John Dodsworth at jonh.dodsworth@otc-cta.gc.ca.