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法規名稱: MEMORANDUM OF UNDERSTANDING BETWEEN THE TAIPEI ECONOMIC AND CULTURAL OFFICE IN CANADA AND THE CANADIAN TRADE OFFICE IN TAIPEI REGARDING COOPERATION IN TRANSPORTATION SAFETY
簽訂日期: 民國 109 年 12 月 15 日
生效日期: 民國 109 年 12 月 15 日
簽約國: 北美地區 > 加拿大
沿革:
1.Signed on December 15, 2020 and December 09, 2020 Entered into force on December 15, 2020

 
THE TAIPEI ECONOMIC AND CULTURAL OFFICE (TECO) IN CANADA AND THE
CANADIAN TRADE OFFICE IN TAIPEI (CTOT), hereinafter referred to
as the “ Participants ”,

HAVE COME to the following understanding:

1. OBJECTIVES
The objectives of this Memorandum of Understanding (MOU) are
to:
(i) establish the framework for the cooperation of the
Participants in the field of civil air, marine, and rail
safety occurrence investigation (includes accidents and
incidents as defined in below-mentioned international
instruments);
(ii) reflect the spirit and intent of the International Civil
Aviation Organization (ICAO) international Standards and
Recommended Practices for air occurrence safety
investigations, as prescribed in Annex 13 to the Convention
on International Civil Aviation;
(iii) reflect the spirit and intent of the International
Maritime Organization (IMO) international Standards and
Recommended Practices for marine occurrence safety
investigations, as prescribed in Resolution MSC.255(84)
adopted on 16 May 2008;
(iv) set out provisions for mutual assistance in investigation
and safety analysis, confidential incident reporting,
database development, exchange of information, training,
engineering research and development, and communications.

2. COOPERATING AGENCIES
The Participants understand that:
(i) the Transportation Safety Board of Canada (TSB) will
implement this MOU on CTOT ’ s behalf;
(ii) the Taiwan Transportation Safety Board in Taipei (TTSB)
will implement this MOU on TECO ’ s behalf;
(iii) TTSB and TSB will be referred to as the “ Cooperating
Agencies ”.

3. SCOPE OF ACCIDENTS AND INCIDENTS FOR INVESTIGATION
COOPERATION
The Participants understand that this MOU will cover the
following accidents or incidents:
(i) civil aircraft or vessels registered in the jurisdiction of
one of the Cooperating Agencies having an accident or
incident in the jurisdiction of the other Cooperating
Agency;
(ii) civil aircraft or vessels registered in the jurisdiction of
one of the Cooperating Agencies having an accident or
incident in its jurisdiction;
(iii) civil aircraft or vessels registered in the jurisdiction
of a third party other than that of the Cooperating
Agencies having an accident or incident in the
jurisdiction of one of the Cooperating Agencies;
(iv) civil aircraft or vessels registered in the jurisdiction of
one of the Cooperating Agencies having an accident or
incident in the jurisdiction of a third party, and where an
agency of the third party has instituted an investigation;
(v) train that operates in the jurisdiction of one of the
Cooperating Agencies has an accident or incident.

4. PROCEDURAL ARRANGEMENTS
The Participants understand that:
(i) in the case of paragraph 3(i) of this MOU, the Cooperating
Agency of the jurisdiction in which the accident or incident
has occurred will notify the other Cooperating Agency with a
minimum of delay, in accordance with the international
provisions as described in paragraphs 1(ii) or (iii) of this
MOU. This MOU constitutes a standing invitation from the
Cooperating Agency of the jurisdiction in which the accident
or incident has occurred to the other Cooperating Agency for
an accredited representative and appropriate advisors to
attend the investigation. When notified, the invited
Cooperating Agency will reply to the inviting Cooperating
Agency with a minimum of delay, providing the details of
persons who will attend the investigation;
(ii) in the case of paragraphs 3(ii) and (iii) of this MOU, both
Cooperating Agencies will consider the interests and
expertise of the other and the potential for cooperation in
the investigation. Either Cooperating Agency will welcome
contact from the other. This MOU will provide the framework
through which the Cooperating Agency of the jurisdiction in
which the accident or incident has occurred may invite the
other Cooperating Agency to attend as an advisor, where
applicable, in the safety investigation being conducted.
The invited Cooperating Agency will reply to the inviting
Cooperating Agency with a minimum of delay, providing the
details of the persons who will attend as advisors;
(iii) in the case of paragraph 3(iv) of this MOU, either
Cooperating Agency will welcome contact from the other to
discuss the merits of technical cooperation. In those
cases where the Cooperating Agency whose aircraft or
vessel was involved in the accident or incident names an
accredited representative, that Cooperating Agency will
initiate discussion with the third party to seek
concurrence on the benefits of that technical cooperation
and concurrence with inviting the other Cooperating Agency
to attend as an advisor to the accredited representative.
The invited Cooperating Agency will advise the inviting
Cooperating Agency with a minimum of delay, providing the
details of the persons who will attend as advisors;
(iv) in the case of paragraph 3(v) of this MOU, either
Cooperating Agency will welcome contact from the other to
discuss the merits of technical cooperation, or inviting
the other to attend as an advisor.

5. PROVISION OF ASSISTANCE
The Participants understand that:
(i) each Cooperating Agency will provide technical assistance to
the other on request, subject to its own operating
requirements;
(ii) the Cooperating Agencies will offer technical assistance in
investigations and the use of safety investigation
facilities and assets to each other to the extent
practicable. Examples of assistance include expertise in
the areas of air traffic services, engineering, operations,
airworthiness or maintenance, flight recorders, traffic
signaling system, human performance, organizational and
safety management;
(iii) the Cooperating Agencies will offer assistance,
specifically expertise, facilities and equipment as
appropriate for the development and the ongoing
facilitation of programs in such areas as investigation
and safety analysis, confidential incident reporting,
database development, and information systems;
(iv) the Cooperating Agencies will, where practical, invite each
other's investigators to attend general or specialist
training conducted by them.

6. FUNDING
The Participants understand that the invited Cooperating
Agency will provide the funding required to participate in an
investigation or to attend a training course.

7. DIFFERENCES IN INTERPRETATION AND APPLICATION
The Participants will resolve any differences arising out of
the interpretation or implementation of this MOU amicably and
without unreasonable delay through the Cooperating Agencies.

8. FINAL DISPOSITIONS
(i) This MOU will take effect on the date of its last signature
by the Participants.
(ii) The Participants may amend this MOU upon their mutual
written consent, after consultation with the Cooperating
Agencies.
(iii) Either Participant may terminate this MOU by giving a
written notice to the other Participant.

SIGNED in duplicate at Ottawa, Canada, on this 9th day of
December 2020, and at Taipei, Taiwan, on this 15th day of
December 2020, in the Chinese, English and French languages,
each version being equally valid.

FOR THE TAIPEI FOR THE
ECONOMIC AND CANADIAN TRADE
CULTURAL OFFICE OFFICE IN TAIPEI
IN CANADA

陳文儀 Jordan Reeves
__________________ __________________