The Office of the Legal Counsel (OLC), which falls under the Office of The Director General, assists with the development and implementation of the Authority’s enforcement policies and programs, manages its domestic and international legal and regulatory issues and ensures adherence to The Bahamas’ civil aviation laws and regulations. The OLC is also an important part of the Authority’s infrastructure to develop a culture of safety and achieve operational efficiency in the delivery of its services. It supports the Authority’s domestic and international civil aviation programs and initiatives, including safety and security audits. Additionally, the OLC renders legal advice and assistance to technical teams in the areas of aircraft airworthiness, certification and maintenance, as well as flight operations, aeronautical personnel, air carrier operations, and the efficient management of ICAO State Letters. The legal counsel also serves as secretary to the board of directors.
During the course of FY 2018/19, the OLC provided assistance with several key work activities of the Authority, including managing the recent legislative review exercise, preparing special regulations, assisting with the Authority’s efforts to satisfactorily address ICAO’s USOAP CMA findings in the areas of primary legislation and operating regulations (LEG), and conducting research on Air Cabotage rights.
The OLC also provided assistance with air transport licensing and illegal air charter operations, the exercise for the proposed management of The Bahamas’ sovereign airspace and the billing and collection of overflight fees, the enhancement of the existing Bahamas Aircraft Registry. The contribution of the OLC was instrumental in The Bahamas’ accession to the Cape Town Convention on International Interests in Mobile Equipment and Protocol in addition to several Air Service Agreements with other contracting States.
The OLC continued to work closely with the Office of the Attorney General and the Commissioner of Police in bringing criminal charges against those who offend The Bahamas’ civil aviation laws and regulations. The Authority issued several enforcement sanctions throughout the year to offending licensed personnel and operators. In one instance, criminal charges were filed with the Police Prosecution Office against an offending general aviation pilot and others are being contemplated. On the civil side, the Authority issued its first civil penalty notice and, subsequently, recovered a civil penalty from an offending aircraft owner. With the guidance of the Legal Department, the Authority will continue to reinforce its message of firm compliance throughout the sector.