In December, Transport Canada (TC) introduced an updated Privacy Notice and Declaration (PND) form to be signed during in-person medical examinations required for aviation medical certification. Several members have asked questions and raised concerns regarding this form. Similar concerns have been raised by pilots who are also subject to this new form.
It is important to note that this updated form does not change the existing medical disclosure process or requirements. The regulatory requirement for medical disclosure has been in place under CARs 404.04, and Transport Canada remains bound by the Government of Canada and Transport Canada Privacy Act (https://tc.canada.ca/en/corporate-services/important-notices), which mandates the protection of all personal medical information. While the regulatory framework and privacy protections remain unchanged, the concerns raised by members regarding this new form are legitimate and have been taken seriously.
As a follow-up, CATCA has engaged directly with Transport Canada to reaffirm and ensure that any personal medical information collected by Civil Aviation Medicine within Transport Canada continues to be appropriately safeguarded in accordance with federal privacy legislation and TC’s ongoing privacy obligations.
On January 17, Transport Canada released an Aviation Update responding to and addressing feedback they had received. The updated notice can be found here (https://wwwapps.tc.gc.ca/Corp-Serv-Gen/5/forms-formulaires/download/26-0886_BO_PX).
As has always been the case, individual members maintain the right to request further information or access to their file by writing Civil Aviation Medical Branch (https://tc.canada.ca/en/aviation/medical-fitness-aviation/procedures-civil-aviation-medical-examinations-certificate-renewals/aviation-medical-certificate-enquiries). If members feel their rights have been violated, they may file a complaint with the Office of the Privacy Commissioner (https://www.priv.gc.ca/en/report-a-concern/file-a-formal-privacy-complaint/file-a-complaint-about-a-federal-institution/).
On behalf of the Executive Board,
Nick von Schoenberg Scott Loder
President Executive Vice President