Section 1
PRELIMINARY - 1. Citation
Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Aeronautical Radio Frequency Spectrum Utilization) Regulations, 2018.
Statute
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Section 1
Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Aeronautical Radio Frequency Spectrum Utilization) Regulations, 2018.
Section 2
Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "air navigation services" means air traffic services, communication, navigation and surveillance, and aeronautical information services; "air navigation services facility" means any facility used, available for use, or designed for use in aid of navigation of aircraft, including airports, landing fields, any structures, mechanisms, lights, beacons, marks, communicating systems, or other instruments or devices used or useful as an aid to the safe taking off, navigation, and landing of aircraft and any combination of such facilities; "air navigation services provider" means an independent entity established for the purpose of operating and managing air navigation services and empowered to manage and use the revenues it generated to cover its costs; "alternative means of communication" means a means of communication provided with equal status, and in addition to the primary means; "Authority" means the Kenya Civil Aviation Authority established under section 4 of the Act; "double channel simplex" means Simplex using two frequency channels, one in each direction. "duplex" means a method in wh...
Section 3
Section 3. Application Section 3(1) These Regulations shall apply to a person providing Communication, Navigation and Surveillance services within designated air spaces and at aerodromes. Section 3(2) These Regulations shall not apply to a person providing Communication, Navigation and Surveillance Services to state aircraft.
Section 4
Section 4. Requirements for Communication, Navigation and Surveillance Facilities Section The minimum requirements for planning, installation, commissioning, training, operations and maintenance of the Communication, Navigation and Surveillance facilities shall conform to these Regulations.
Section 5
Section 5. Certification of Air navigation services Provider Section A person who wishes to provide air navigation services or operate a facility to support an air traffic service shall have an air navigation services provider certificate issued in accordance with the Civil Aviation (Certification of Air Navigation Services Providers) Regulations, 2018.
Section 6
Section 6. Approval Requirement Section 6(1) A person shall not provide air navigation services or operate Communication, Navigation and Surveillance facilities or systems in the designated airspace and aerodromes unless the facilities or systems have been approved by the Authority. Section 6(2) A Provider shall notify the Authority of its intention to procure, install, use, decommission, upgrade or relocate any communication, navigation and surveillance facility or facilities in the designated airspace and aerodromes not less than thirty (30) days prior to commencement of the process. Section 6(3) The Authority may approve installation, use, decommissioning, upgrading or relocation of all the communication, navigation and surveillance facility or facilities in the designated airspace and aerodromes.
Section 7
Section 7. Inspections and Audits Section 7(1) The Authority shall carry out safety inspections and audits on Communication, Navigation and Surveillance facilities, documents and records of the Communication, Navigation and Surveillance facilities to determine compliance in accordance with these Regulations. Section 7(2) An inspector of the Authority shall have unrestricted access to the facilities, installations, records and documents of the service provider to determine compliance with these Regulations and required procedures.
Section 8
Section 8. Siting and Installation Section 8(1)(a) are operated, maintained, available and reliable in accordance with the requirements as may be provided by the Authority; Section 8(1)(a)(i) are operated, maintained, available and reliable in accordance with the requirements as may be provided by the Authority; Section 8(1)(a)(ii) are designed to meet the applicable operational specification for that facility; Section 8(1)(a)(iii) are installed and commissioned as required by the Authority; and Section 8(1)(a)(iv) conform to the applicable system characteristics and specification standards provided by the Authority Section 8(1)(b) determine the site for installation of a new facility based on operational requirements, construction aspects and maintainability. Section 8(2) The facilities in subregulation (1) shall be installed by air traffic safety electronics personnel who are fully qualified in air navigation facilities and who have knowledge of the operations, testing, and maintenance of the Communication, Navigation and Surveillance facilities.
Section 9
Section 9. Commissioning requirement Section is commissioned to meet the specifications for that facility; and
Section 10
Section 10. Availability and Reliability of Communication Navigation and Surveillance facilities. Section 10(1) A Provider shall be responsible for the provision of communication, navigation and surveillance services and facilities to ensure that the telecommunication information and data necessary for the safe, regular and efficient operation of air navigation is available. Section 10(2)(a) availability; Section 10(2)(b) reliability; Section 10(2)(c) accuracy; Section 10(2)(d) integrity; Section 10(2)(e) mean time between failure; and Section 10(2)(f) mean time to repair. Section 10(3)(a) the configuration of each service; and Section 10(3)(b) the known performance of each service. Section 10(4) A Provider shall describe in the operations manual the method used to calculate each of the values. Section 10(5) For a radio navigation service, the integrity values or characteristics shall be given for each kind of navigation aid facility that forms part of the service. Section 10(6) The performance of technical facilities shall be monitored, reviewed and reported against these Regulations. Section 10(7) A Provider shall ensure that a facility is installed with main and standby power su...
Section 11
Section 11. Interface arrangement for support services Section interface and functional specifications of the support service;
Section 12
Section 12. Record keeping and documentation Section 12(1)(a) hold copies of relevant equipment manuals, technical standards, practices, instructions, maintenance procedures, site logbooks, systems backup data, equipment and test gear inventory and any other documentation that are necessary for the provision and operation of the facility; Section 12(1)(b) establish a procedure for the control of the documentation required under these regulations; Section 12(1)(c) keep records under the control of the relevant key personnel; and Section 12(1)(d) control access to the records system to ensure appropriate security. Section 12(2) A Provider shall ensure that data and voice for air navigation service operational systems are recorded continuously and procedures established for the retention and utilization of these recordings for analysis. Section 12(3) A Provider shall maintain all documents and records which are necessary for the operation and maintenance of the service and make available copies of these documents to personnel where needed. Section 12(4)(a) a copy of these Regulations; Section 12(4)(b) the Provider's operations manual; Section 12(4)(c) International Civil Aviation Orga...
Section 13
Section 13. Operations Manual Section 13(1) A Provider shall develop an operations manual that demonstrates the Provider's compliance with these regulations. Section 13(2)(a) the information required of the Provider in accordance with these regulations; Section 13(2)(b) an organization chart of the Provider and its maintenance contractors, if any, that shows the position of each personnel and the name, qualification, experience, duties and responsibilities of personnel who are responsible for ensuring the compliance of the organization with the requirements described in these regulations; Section 13(2)(c) an overall operation and maintenance plan for the aeronautical telecommunication service, and for each facility, an operation and maintenance plan, as described in these regulations document; Section 13(2)(d) for each facility, information on the compliance of the facility with these regulations and the applicable aeronautical telecommunication standards; and Section 13(2)(e) the system performance target of each facility, such as its availability and reliability Section 13(3) The operations manual shall consist of a main manual covering the main areas that need to be addressed, a...
Section 14
Section 14. Periodic Inspection, Testing and Security of Communication Navigation and Surveillance facilities Section 14(1) A Provider shall establish a procedure for the periodic inspection and testing of the communication, navigation and surveillance systems to verify that each facility meets the applicable operational requirements and performance specifications for that facility. Section 14(2)(a) that appropriate inspection, measuring and test equipment are available for staff to maintain the operation of each facility. Section 14(2)(b) the control, calibration and maintenance of such equipment so that they have the precision and accuracy necessary for the measurements and tests to be performed. Section 14(3)(a) security of the facility and site; Section 14(3)(b) adherence to the approved maintenance programme; Section 14(3)(c) upkeep of the equipment, building, site and site services; and Section 14(3)(d) adequacy of facility records and documentation. Section 14(4) A Provider shall establish a security programme for the communication, navigation and surveillance facility. Section 14(5) The security programme required under subregulation (4) shall specify the physical security...
Section 15
Section 15. Flight Inspection and facility check after accident or incident Section ensure that radio navigation aids are available for use by aircraft engaged in air navigation and that the radio navigation aids are subjected to periodic ground and flight inspections.
Section 16
Section 16. Radio frequency management and interference reporting Section establish a procedure for the management and protection of aeronautical radio spectrum;
Section 17
Section 17. Training and Personnel Requirements for Communication, Navigation and Surveillance Personnel Section 17(1)(a) ensure that it employs sufficient number of personnel who possess the skills and competencies required in the provision of the aeronautical telecommunication service; Section 17(1)(b) provide in the manual of air navigation services operations an analysis of the personnel required to perform the Communication Navigation and surveillance services for each facility taking into account the duties and workload required; Section 17(1)(c) develop job descriptions for each of its staff that depict the job purpose, key responsibilities, and outcome to be achieved of each staff; Section 17(1)(d) develop an overall training policy and programme for the organization that shall lay down; Section 17(1)(e) designate an officer in charge of training or on- the-job training at the operational stations; Section 17(1)(f) maintain individual training records for each of its staff; Section 17(1)(g) conduct a yearly review of the training plan for each staff at the beginning of the year to identify any gaps in competency and changes in training requirement and prioritize the type of...
Section 18
Section 18. Facility malfunction incident and radio interference reporting and operational status of Communication Navigation and Surveillance systems Section 18(1) A Provider shall establish procedures for the reporting, collection and notification of facility malfunction incidents and safety incidents. Section 18(2) The procedures in subregulation (1) shall be documented in the manual of air navigation services operations. Section 18(3)(a) determine the cause of the incidents and determine any adverse trends; Section 18(3)(b) implement corrective and preventive actions where necessary to prevent recurrence of the incidents; and Section 18(3)(c) implement any measures to improve the safety performance of the aeronautical telecommunication service. Section 18(4)(a) report any serious service failure or safety incident to the Authority and investigate such incidents in order to establish how and why the incident happened, including possible organizational contributing factors and to recommend actions to prevent a recurrence; and Section 18(4)(b) ensure that information on the operational status of each communication, navigation and surveillance facility that is essential for the enr...
Section 19
Section 19. Proficiency certification program Section 19(1) A Provider shall develop proficiency certification programs for air traffic safety electronics personnel engaged in the installation, training, operations and maintenance of Communication, Navigation and Surveillance systems in accordance with relevant Civil Aviation Regulations. Section 19(2) The Authority shall certify air traffic safety electronics personnel involved in the installation, training, operations and maintenance of Communication, Navigation and Surveillance systems in accordance with the relevant Civil Aviation Regulations.
Section 20
Section 20. Safety case, notification of Aeronautical facility status and interruption to service Section 20(1) A Provider shall ensure that for safety critical systems, including automated air traffic control systems, communication systems and instrument landing systems, the commissioning of such systems shall include the conduct of a safety case or equivalent. Section 20(2) A Provider shall ensure that human factors principles are observed in the design, operations and maintenance of aeronautical telecommunication facilities. Section 20(3)(a) information on the operational details of any new facility for publication in the Aeronautical Information Publication; and Section 20(3)(a)(i) information on the operational details of any new facility for publication in the Aeronautical Information Publication; and Section 20(3)(a)(ii) information concerning any change in the operational status of any existing facility, for the issue of a Notice to Airmen; and Section 20(3)(b) ensure that the information forwarded under subparagraph (a) has been accurately published. Section 20(4)(a) establish a procedure to be used in the event of interruption to or when upgrading communication, navigatio...
Section 21
Section 21. Frequencies for emergency locator transmitters for search and rescue Section All emergency locator transmitters carried in accordance with Civil Aviation (Operations of Aircraft) Regulations, 2018 shall operate on both 406 Megahertz and 121.5 Megahertz.
Section 22
Section 22. Search and rescue frequencies Section 22(1) The frequencies 3 023 kilohertz and 5 680 kilohertz shall be employed where there is a requirement for the use of high frequencies for search and rescue scene of action coordination purposes. Section 22(2) Where specific frequencies are required for communication between rescue coordination centres and aircraft engaged in search and rescue operations, they shall be selected regionally from the appropriate aeronautical mobile frequency bands in light of the nature of the provisions made for the establishment of search and rescue aircraft.
Section 23
Section 23. Method of operations Section In the aeronautical mobile service, single channel Simplex shall be used in radiotelephone communications utilizing radio frequencies below 30 Megahertz in the bands allocated exclusively to the aeronautical mobile (R) service.
Section 24
Section 24. Assignment of single sideband channels Section Single sideband channels shall be assigned in accordance with provisions contained in the First Schedule and Civil Aviation (Surveillance and Collision Avoidance Systems) Regulations, 2018.
Section 25
Section 25. Assignment of aeronautical Operational control communications. Section Assignment of frequencies for aeronautical Operational control communications shall be in accordance with the provisions contained in 1.2 of the First Schedule.
Section 26
Section 26. Non Directional Beacon frequency management Section 26(1)(a) the interference protection required at the edge of the rated coverage; Section 26(1)(b) the application of the figures shown for typical Automatic Direction Finder equipment; Section 26(1)(c) the geographical spacings and the respective rated coverages; and Section 26(1)(d) the possibility of interference from spurious radiation generated by non-aeronautical sources. Section 26(2)(a) the operational circumstances permit; Section 26(2)(b) each locator is assigned a different identification signal; and Section 26(2)(c) arrangements are made whereby locators using the same frequency cannot radiate simultaneously.
Section 27
Section 27. General allotment of frequency band 117.975 - 137.000 Megahertz Section The block allotment of the frequency band 117.975 - 137.000 Megahertz shall be as specified in Table 1-1 in the Second Schedule.
Section 28
Section 28. Frequency separation and limits of assignable frequencies Section 28(1) The lowest assignable frequency shall be 118.000 Megahertz and the highest 136.975 Megahertz in the frequency band 117.975 - 137.000 Megahertz. Section 28(2) Requirements for mandatory carriage of equipment specifically designed for 8.33 kilohertz channel spacing shall be made on the basis of regional air navigation agreements which specify the airspace of operation and the implementation timescales for the carriage of equipment, including the appropriate lead time. Section 28(3) Requirements for mandatory carriage of equipment specifically designed for very high frequency digital link Mode 2, very high frequency digital link Mode 3 and very high frequency digital link Mode 4 shall be made on the basis of regional air navigation agreements which specify the airspace of operation and the implementation timescales for the carriage of equipment, including the appropriate lead time. Section 28(4) The agreement indicated in subregulation (4) shall provide at least two years' notice of mandatory carriage of airborne systems. Section 28(5) In regions where 25 kilohertz channel spacing (double sideband ampl...
Section 29
Section 29. Frequencies used for particular functions Section 29(1)(a) to provide a clear channel between aircraft in distress or emergency and a ground station when the normal channels are being utilized for other aircraft; Section 29(1)(b) to provide a very high frequency communication channel between aircraft and aerodromes, not normally used by international air services, in case of an emergency condition arising; Section 29(1)(c) to provide a common very high frequency communication channel between aircraft, either civil or military, and between such aircraft, and surface services, involved in common search and rescue operations, prior to changing when necessary to the appropriate frequency; Section 29(1)(d) to provide air-ground communication with aircraft when airborne equipment failure prevents the use of the regular channels; Section 29(1)(e) to provide a channel for the operation of emergency locator transmitters, and for communication between survival craft and aircraft engaged in search and rescue operations; Section 29(1)(f) to provide a common very high frequency channel for communication between civil aircraft and intercepting aircraft or intercept control units and...
Section 30
Section 30. Common signalling channel very high frequency digital link Mode 4 Section In areas where very high frequency digital link Mode 4 is implemented, the frequencies 136.925 Megahertz and 113.250 Megahertz shall be provided as common signalling channels to the very high frequency digital link Mode 4.
Section 31
Section 31. Auxiliary frequencies for search and rescue operations Section 31(1) Where a requirement is established for the use of a frequency auxiliary to 121.500 Megahertz, as contained in regulation 29(1) (c), the frequency 123.100 Megahertz shall be used. Section 31(2) The auxiliary search and rescue channel 123.100 Megahertz shall be available only with the characteristics as specified in Civil Aviation (Surveillance and Collision Avoidance Systems) Regulations, 2018.
Section 32
Section 32. Provisions concerning the deployment of very high frequency frequencies and the avoidance of harmful interference Section The provisions concerning the deployment of very high frequency frequencies and the avoidance of harmful interference shall be as specified in the Third Schedule.
Section 33
Section 33. Method of operation Section 33(1) Single channel Simplex operation shall be used in the frequency band 117.975 - 137 Megahertz at all stations providing service for aircraft engaged in international air navigation. Section 33(2) In addition to subregulation (1), the ground-to-air voice channel associated with a standard radio navigational aid shall be used, subject to regional agreement, for broadcast or communication purposes or both.
Section 34
Section 34. Plan of assignable very high frequency radio frequencies for use in the International aeronautical mobile service Section 34(1) The frequencies in the band 117.975 - 137.000 Megahertz for use in the aeronautical mobile (R) service shall be selected from the lists specified in the Fourth Schedule. Section 34(2) Frequencies for operational control communications required to enable aircraft operating agencies meet the obligations contained in the Civil Aviation (Operation of Aircraft) Regulations, 2018 shall be selected from a dedicated band which is determined regionally. Section 34(3) The frequencies allotted for use in the aeronautical mobile (R) service in a particular region shall be limited to the number determined as being necessary for operational needs in the region.
Section 35
Section 35. Utilization in the band 108— 117.975 Megahertz. Section instrument landing system in accordance with subregulation (2) and the Civil Aviation (Radio Navigation Aids) Regulations, 2018;
Section 36
Section 36. Regional assignment planning Section 36(1)(a) localizer channels ending in odd tenths of a megahertz and their associated glide path channels; Section 36(1)(b) localizer channels ending in odd tenths plus a twentieth of a megahertz and their associated glide path channels. Section 36(2) Instrument landing system channels identified by localizer frequencies ending in an odd tenth plus one twentieth of a megahertz in the band 108 - 111.975 Megahertz shall be permitted to be utilized on the basis of regional agreement. Section 36(3)(a) frequencies ending in odd tenths of a megahertz in the band 111.975 – 117.975 Megahertz; Section 36(3)(b) frequencies ending in even tenths of a megahertz in the band 111.975 - 117.975 Megahertz; Section 36(3)(c) frequencies ending in even tenths of a megahertz in the band 108 - 111.975 Megahertz; Section 36(3)(d) frequencies ending in 50 kilohertz in the band 111.975 - 117.975 Megahertz, except as provided in subregulation (4); Section 36(3)(e) frequencies ending in even tenths plus a twentieth of a megahertz in the band 108 - 111.975 Megahertz except as provided in subregulation (4). Section 36(4)(a) in the band 111.975 - 117.975 Megahertz...
Section 37
Section 37. Airborne equipment protection while deploying very high frequency omni-directional Range systems Section All existing very high frequency Omni-directional Range systems within interference range of a facility utilizing 50 kilohertz channel spacing shall be modified to comply with the provisions of Civil Aviation (Radio Navigation Aids) Regulations, 2018 in order to protect the operation of airborne equipment during the initial stages of deploying very high frequency Omni-directional Range systems utilizing 50 kilohertz channel spacing in an area where the existing facilities do not fully conform to the Civil Aviation (Radio Navigation Aids) Regulations, 2018.
Section 38
Section 38. Frequency deployment Section 38(1)(a) the required functional service radii of the facilities; Section 38(1)(b) the maximum flight altitude of the aircraft using the facilities; and Section 38(1)(c) the desirability of keeping the minimum Instrument Flight Region altitude as low as the terrain will permit. Section 38(2)(a) the operational circumstances permit; Section 38(2)(b) each localizer is assigned a different identification signal; and Section 38(2)(c) arrangements are made whereby the localizer and glide path not in operational use cannot radiate.
Section 39
Section 39. Utilization in the band 960— 1215 Megahertz for Distance Measuring Equipment Section 39(1) Distance Measuring Equipment operating channels bearing the suffix "X" or "Y" as contained in the Civil Aviation (Radio Navigation Aids) Regulations, 2018 shall be chosen on a general basis without restriction. Section 39(2) Distance Measuring Equipment channels bearing the suffix "W" or "Z" in the Civil Aviation (Radio Navigation Aids) Regulations, 2018 shall be chosen on the basis of regional agreement when they become applicable. Section 39(3) For regional assignment planning, the channels for Distance Measuring Equipment associated with Instrument Landing Systems shall be selected from Table 5-1 contained in the Fifth Schedule.
Section 40
Section 40. Distance Measuring Equipment Channels Groups 1 to 5 Section 40(1) The Distance Measuring Equipment channels in these groups shall be permitted to be used generally. Section 40(2) In selecting channels for assignment purposes, when an Distance Measuring Equipment is intended to operate on a runway in association with an Instrument Landing Systems, the Distance Measuring Equipment channel, if possible, shall be selected from Group 1 or 2 and paired with the Instrument Landing Systems frequency as indicated in the Distance Measuring Equipment channelling and pairing table contained in Civil Aviation (Radio Navigation Aids) Regulations, 2018.
Section 41
Section 41. Distance Measuring Equipment Channels Groups 6 to 10 Section These Distance Measuring Equipment channels shall be permitted to be used on the basis of a regional agreement when they have become applicable in accordance with Regulation 39(2).
Section 42
Section 42. Requirements for application for exemption Section 42(1) A person may apply to the Authority for an exemption from any provision of these Regulations. Section 42(2)(a) name and contact address including electronic mail and fax if any; Section 42(2)(b) telephone number; Section 42(2)(c) a citation of the specific requirement from which the applicant seeks exemption; Section 42(2)(d) justification for the exemption; Section 42(2)(e) a description of the type of operations to be conducted under the proposed exemption; Section 42(2)(f) the proposed duration of the exemption; Section 42(2)(g) an explanation of how the exemption would be in the public interest; Section 42(2)(h) a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question; Section 42(2)(i) a safety risk assessment carried out in respect of the exemption applied for; Section 42(2)(j) if the applicant handles international operations and seeks to operate under the proposed exemption, an indication whether the exemption would contravene any provision of the Standards and Recommended Practices of the International...
Section 43
Section 43. Review and publication Section 43(1)(a) the Kenya Gazette ; or Section 43(1)(b) aeronautical information circular; or Section 43(1)(c) a daily newspaper with national circulation. Section 43(2) Where application requirements have not been fully complied with, the Authority shall request the applicant in writing, to comply prior to publication or making a decision under subregulation (3). Section 43(3) If the request is for emergency relief, the Authority shall publish the decision as soon as possible after processing the application.
Section 44
Section 44. Evaluation of the request Section 44(1)(a) determination of whether an exemption would be in the public interest; Section 44(1)(b) a determination, after a technical evaluation of whether the applicant's proposal would provide a level of safety equivalent to that established by the regulation, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority's technical resources, the Authority may deny the exemption on that basis; Section 44(1)(c) a determination of whether a grant of the exemption would contravene these Regulations; and Section 44(1)(d) a recommendation based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption. Section 44(2) The Authority shall notify the applicant in writing, the decision to grant or deny the request and publish a detailed summary of its evaluation and decision. Section 44(3) The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption. Section 44(4) If the exemption affects a significant popu...
Section 45
Section 45. Drug and alcohol testing and reporting Section 45(1) Any person who performs any function prescribed by these Regulations directly or by contract under the provisions of these Regulations may be tested for drug or alcohol usage. Section 45(2)(a) refuses to submit to a test to indicate the percentage by weight of alcohol in the blood; or Section 45(2)(b) be denied any licence, certificate, rating, qualification, or authorization issued under these Regulations for a period of up to one year from the date of that refusal; or Section 45(2)(b)(i) be denied any licence, certificate, rating, qualification, or authorization issued under these Regulations for a period of up to one year from the date of that refusal; or Section 45(2)(b)(ii) have their licence, certificate, rating, qualification, or authorization issued under these Regulations suspended or revoked. Section 45(3)(a) be denied any license, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year after the date of conviction; or Section 45(3)(b) have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or...
Section 46
Section 46. Change of Name Section 46(1)(a) replacement of the certificate if lost or destroyed; Section 46(1)(b) change of name on the certificate; or Section 46(1)(c) an endorsement on the certificate. Section 46(2)(a) the original certificate or a copy thereof in case of loss; and Section 46(2)(b) a court order, or other legal document verifying the name change. Section 46(3) The Authority shall return to the holder of a certificate, with the appropriate changes applied for, if any, the originals specified under paragraph (2) and, where necessary, retain copies thereof.
Section 47
Section 47. Change of address Section 47(1) A holder of a Provider certificate issued under these Regulations shall notify the Authority of the change in the physical and mailing address within fourteen days of such change. Section 47(2) A person who does not notify the Authority of the change in the physical and mailing address within the time frame specified in subregulation (1) shall not exercise the privileges of the certificate.
Section 48
Section 48. Replacement of documents Section A person may apply to the Authority in the prescribed form for replacement of documents issued under these Regulations if such documents are lost or destroyed.
Section 49
Section 49. Use and retention of documents and records Section 49(1)(a) use any certificate or exemption issued or required by or under these Regulations which has been forged, altered, cancelled, or suspended, or to which he is not entitled; Section 49(1)(b) forge or alter any certificate or exemption issued or required by or under these Regulations; or Section 49(1)(c) lend any certificate or exemption issued or required by or under these Regulations to any other person; or Section 49(1)(d) make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate or exemption. Section 49(1)(e) mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or wilfully omit to make a material entry in such record. Section 49(2) All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material. Section 49(3) A person shall not issue any certificate or exemption under these Regu...
Section 50
Section 50. Reports of violation Section 50(1) Any person who knows of a violation of the Act, or any Regulations, rules, or orders issued there under, shall report it to the Authority. Section 50(2) The Authority may determine the nature and type of investigation or enforcement action that need to be taken.