(1) An aerial work operator contravenes this subregulation if:
(a) the operator is required under regulation 138.170 to make a record about a member of the operator's personnel, other than a member mentioned in subregulation (2) of this regulation; and
(b) the operator does not keep the record for the period beginning when the record is created and ending 5 years after the member ceases to be a member of the operator's personnel.
(2) An aerial work operator contravenes this subregulation if:
(a) the operator is required under regulation 138.170 to make a record about a member of the operator's personnel who carries out ground support duties; and
(b) the operator does not keep the record for the period beginning when the record is created and ending 1 year after the member ceases to be a member of the operator's personnel.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).