Canadian Aviation Regulations

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Canadian Aviation Regulations

SOR/96-433AERONAUTICS ACT
Registration 1996-09-10
Regulations Respecting Aviation and Activities Relating to Aeronautics
P.C. 1996-1399 1996-09-10His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 4.3(2)Footnote a, 4.4(1)a, (2)a and (6)a, 4.6(2)a and 4.7(2)Footnote b, sections 4.9Footnote c, 4.91Footnote d and 5Footnote e and subsections 6.71(2)Footnote f, 6.9(2)a, 7(2)a, 7.1(2)Footnote g, 7.7(1)Footnote h, 8.7(3)a and 9(1)a of the Aeronautics Act, hereby makes the annexed Regulations Respecting Aviation and Activities Relating to Aeronautics.

Return to footnote aR.S., c. 33 (1st Supp.), s. 1
Return to footnote bS.C. 1992, c. 4, s. 5(1)
Return to footnote cS.C. 1992, c. 4, s. 7
Return to footnote dS.C. 1996, c. 20, s. 101
Return to footnote eS.C. 1996, c. 20, s. 102
Return to footnote fS.C. 1992, c. 4, s. 14
Return to footnote gS.C. 1992, c. 4, s. 15(2)
Return to footnote hS.C. 1992, c. 4, s. 20
PART I General Provisions

Short Title

100.01 These Regulations may be cited as the Canadian Aviation Regulations.

Subpart 1 — Interpretation

Interpretation

101.01 (1) In these Regulations,

ACAS
ACAS or Airborne Collision Avoidance System means an aircraft system based on transponder signals that operates independently of ground-based equipment and is intended to provide aural and visual alerts to a flight crew on the risk of collision with an approaching aircraft equipped with a transponder; (ACAS ou système anticollision embarqué)
Act
Act means the Aeronautics Act; (Loi)
advanced ultra-light aeroplane
advanced ultra-light aeroplane means an aeroplane that has a type design that is in compliance with the standards specified in the manual entitled Design Standards for Advanced Ultra-light Aeroplanes; (avion ultra-léger de type évolué)
aerial work
aerial work means a commercial air service other than an air transport service or a flight training service; (travail aérien)
aerial work zone
aerial work zone means an area, delineated in an aerial work zone plan, in which aerial work is being conducted and that is over a built-up area of a city or town or over or adjacent to an area where persons may assemble; (zone de travail aérien)
aerial work zone plan
aerial work zone plan means a risk management plan for proposed aerial work; (plan de zone de travail aérien)
aerobatic manoeuvre
aerobatic manoeuvre means a manoeuvre where a change in the attitude of an aircraft results in a bank angle greater than 60 degrees, an abnormal attitude or an abnormal acceleration not incidental to normal flying; (acrobatie aérienne)
aerodrome traffic
aerodrome traffic means all traffic on the movement area of an aerodrome and all aircraft operating at or in the vicinity of the aerodrome; (circulation d’aérodrome)
aeroplane
aeroplane means a power-driven heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on surfaces that remain fixed during flight; (avion)
AGL
AGL means above ground level; (AGL)
air operator
air operator means the holder of an air operator certificate; (exploitant aérien)
air operator certificate
air operator certificate means a certificate issued under Part VII that authorizes the holder of the certificate to operate a commercial air service; (certificat d’exploitation aérienne)
air route

air route means the airspace identified as such within the boundaries or along the tracks specified

(a) in the case of controlled airspace, in the Designated Airspace Handbook, or
(b) in the case of uncontrolled airspace, on an aeronautical chart; (route aérienne)

air show
air show means an aerial display or demonstration before an invited assembly of persons by one or more aircraft; (spectacle aérien)
air time
air time means, with respect to keeping technical records, the time from the moment an aircraft leaves the surface until it comes into contact with the surface at the next point of landing; (temps dans les airs)
air traffic advisory services
air traffic advisory services means the provision by an air traffic control unit or flight service station of aeronautical safety information, including aviation weather information and serviceability reports in respect of aerodromes and radio navigation aids, but does not include the provision of IFR air traffic control messages; (services consultatifs de la circulation aérienne)
air traffic control clearance
air traffic control clearance means an authorization issued by an air traffic control unit that authorizes an aircraft to proceed within controlled airspace in accordance with the conditions specified by that unit; (autorisation du contrôle de la circulation aérienne)
air traffic control instruction
air traffic control instruction means a directive issued by an air traffic control unit for air traffic control purposes; (instructions du contrôle de la circulation aérienne)
air transport service
air transport service means a commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points; (service de transport aérien)
aircraft flight manual
aircraft flight manual means a manual, requirements for which may be established by the Minister in Part V, that contains information in respect of an aircraft; (manuel de vol de l’aéronef)
airport
airport means an aerodrome in respect of which an airport certificate issued under Subpart 2 of Part III is in force; (aéroport)
airship
airship means a power-driven, lighter-than-air aircraft; (dirigeable)
airway
airway means the controlled airspace identified as such within the boundaries or along the tracks specified in the Designated Airspace Handbook; (voie aérienne)
airworthiness directive
airworthiness directive means an instruction issued by the Minister or by a civil aviation authority responsible for an aeronautical product type design that mandates a maintenance or operation action to ensure that an aeronautical product conforms to its type design and is in a condition for safe operation; (consigne de navigabilité)
airworthiness limitation
airworthiness limitation means a limitation applicable to an aeronautical product, in the form of a life limit or a maintenance task that is mandatory as a condition of the type certificate; (limite de navigabilité)
airworthy
airworthy, in respect of an aeronautical product, means in a fit and safe state for flight and in conformity with its type design; (en état de navigabilité)
alert height
alert height means the height above a runway, based on the flight characteristics of an aircraft and its fail-operational automatic landing system, above which a CAT III precision approach is to be discontinued and a missed approach procedure initiated in the event of a failure of the ground equipment or one of the redundant parts of the aircraft automatic landing system; (hauteur d’alerte)
all-engines-operating take-off distance
all-engines-operating take-off distance means the distance from the start of the take-off roll to the point at which the aeroplane reaches the height above the runway elevation specified in the certification basis of the aeroplane; (distance de décollage avec tous les moteurs opérants)
all-engines-operating take-off run
all-engines-operating take-off run means the distance from the start of the take-off roll to the point midway between the lift-off point and the point at which the aeroplane reaches the height above the runway elevation specified in the certification basis of the aeroplane; (roulement au décollage avec tous les moteurs opérants)
alternate aerodrome
alternate aerodrome means an aerodrome to which a flight may proceed when landing at the intended aerodrome of destination becomes inadvisable; (aérodrome de dégagement)
altimeter setting region
altimeter setting region means the low level airspace so specified, and delineated, in the Designated Airspace Handbook; (région de calage altimétrique)
appliance

appliance means any instrument, mechanism, equipment, apparatus or accessory that is

(a) used, or intended to be used, in operating or controlling an aircraft in flight,
(b) installed in or attached to, or intended to be installed in or attached to, the aircraft, and
(c) not part of the airframe, engine or propeller of that aircraft; (appareillage)

appropriate frequency

appropriate frequency means

(a) the radio frequency specified by an air traffic control unit or flight service station for use by the pilot-in-command of an aircraft,
(b) the mandatory frequency for use at or in the vicinity of an aerodrome for which a mandatory frequency has been specified, or
(c) in any case not described in paragraph (a) or (b), the frequency specified for an aerodrome or an airspace in the Canada Air Pilot or the Canada Flight Supplement; (fréquence appropriée)

apron
apron means a part of an aerodrome, other than the manoeuvring area, that is intended to be used for the loading and unloading of passengers and cargo, the refuelling, servicing, maintenance and parking of aircraft and the movement of aircraft, vehicles and persons engaged in services necessary for those purposes; (aire de trafic)
APU
APU or auxiliary power unit means any power unit that delivers rotating shaft power or compressed air, or both, and that is not intended for direct propulsion of an aircraft; (APU ou groupe auxiliaire de bord)
APV
APV means approach procedure with vertical guidance; (APV)
Arctic Control Area
Arctic Control Area[Repealed, SOR/2006-77, s. 1]
ASDA
ASDA or accelerate-stop distance available means, in respect of a runway, the length of the take-off run available plus the length of the stopway, where a stopway is provided; (ASDA ou distance accélération-arrêt utilisable)
ASL
ASL means above sea level; (ASL)
ATC unit

ATC unit or air traffic control unit means

(a) an area control centre established to provide air traffic control service to IFR aircraft,
(b) a terminal control unit established to provide air traffic control service to IFR aircraft while they are being operated within a terminal control area, or
(c) an air traffic control tower established to provide air traffic control service at an aerodrome; (unité ATC ou unité de contrôle de la circulation aérienne)

ATS
ATS or air traffic services includes air traffic control services, advisory services and flight information services; (ATS ou services de la circulation aérienne)
ATS operations certificate
ATS operations certificate means a certificate issued under Part VIII that authorizes its holder to operate an air traffic control unit or a flight service station; (certificat d’exploitation des ATS)
AWOS
AWOS or automated weather observation system means a set of meteorological sensors, and associated systems designed to electronically collect and disseminate meteorological data; (AWOS ou système automatisé d’observations météorologiques)
AX class
AX class means a classification of balloons by size, as established by the Fédération Aéronautique Internationale (FAI); (classe AX)
balloon
balloon means a non-power-driven lighter-than-air aircraft; (ballon)
balloon operator
balloon operator means the holder of a special flight operations certificate — balloons issued under section 603.18; (exploitant de ballons)
basic ultra-light aeroplane

basic ultra-light aeroplane means an aeroplane having no more than two seats, designed and manufactured to have

(a) a maximum take-off weight not exceeding 544 kg, and
(b) a stall speed in the landing configuration (Vso) of 39 knots (45 mph) indicated airspeed, or less, at the maximum take-off weight; (avion ultra-léger de base)

Canada Air Pilot
Canada Air Pilot means an aeronautical information publication published by NAV CANADA that contains information on instrument procedures; (Canada Air Pilot)
Canada Flight Supplement
Canada Flight Supplement means an aeronautical information publication published under the authority of the Minister of Transport and the Minister of National Defence that is intended to be used to supplement enroute charts and the Canada Air Pilot; (Supplément de vol-Canada)
Canadian
Canadian has the same meaning as in section 55 of the Canada Transportation Act; (Canadien)
Canadian Domestic Airspace
Canadian Domestic Airspace means the airspace specified, and delineated as such, in the Designated Airspace Handbook (espace aérien intérieur canadien)
Canadian Technical Standard Order (CAN-TSO) design approval
Canadian Technical Standard Order (CAN-TSO) design approval means a document issued by the Minister to record the approval of the type design of an appliance or a part identified in the document by a model number, by a part number or by some other identification unique to the appliance or part, and includes a type approval for an aircraft appliance issued before October 10, 1996 under section 214 of the Air Regulations and a type certificate for an aircraft appliance issued before December 1, 2009 under section 511.11 or 511.21; (approbation de la conception selon les spécifications techniques canadiennes (CAN-TSO))
CAN-TSO

CAN-TSO or Canadian Technical Standard Order means a standard of airworthiness for an appliance or a part

(a) that is published by the Minister, or
(b) that is published by a foreign state with which Canada has an airworthiness agreement or similar arrangement and that is adopted by the Minister and specified in Chapter 537 — Appliances and Parts of the Airworthiness Manual; (CAN-TSO ou spécifications techniques canadiennes)

CAT II minima
CAT II minima, in respect of an aerodrome, means the minima specified in the Canada Air Pilot for a CAT II precision approach to a runway at that aerodrome; (minimums CAT II)
CAT III minima
CAT III minima, in respect of an aerodrome, means the minima specified in the Canada Air Pilot for a CAT III precision approach to a runway at that aerodrome; (minimums CAT III)
category

category means

(a) when used in reference to flight crew licensing, the classification of aircraft as an aeroplane, a balloon, a glider, a gyroplane, a helicopter or an ultra-light aeroplane, and
(b) when used in reference to the certification of aircraft, a grouping of aircraft based upon intended use or operating limitations such as normal, utility, aerobatic, commuter and transport; (catégorie)

child restraint system
child restraint system means any device, other than a safety belt, that is designed to restrain, seat or position a person and that conforms to the applicable standards of airworthiness set out in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual; (ensemble de retenue d’enfant)
class
class, in relation to the classification of aeroplanes, means aeroplanes having similar operating characteristics to single-engined aeroplanes, multi-engined aeroplanes, centre-line thrust aeroplanes, land aeroplanes or sea aeroplanes; (classe)
co-authority dispatch
co-authority dispatch means the shared responsibility of the pilot-in-command and the flight dispatcher for all decisions respecting the operational flight plan prior to its acceptance by the pilot-in-command, and for the flight watch; (régulation des vols en coresponsabilité)
Commercial Air Service Standards
Commercial Air Service Standards means the standards published under the authority of the Minister that apply in respect of commercial air services operated by air operators; (Normes de service aérien commercial)
commercial part

commercial part, in respect of an aircraft, means a part

(a) that is not specifically designed or produced for use as an aeronautical product,
(b) that is made to a specification or catalogue description and marked under an identification scheme of the maker, and
(c) whose failure does not adversely affect the continued safe flight and take-off and landing of the aircraft; (pièce commerciale)

company operations manual
company operations manual means a manual established by an air operator pursuant to Part VII; (manuel d’exploitation de la compagnie)
contracting state
contracting state means a state that is a party to the Convention; (État contractant)
control area
control area means the controlled airspace within Canadian Domestic Airspace that is specified as the Arctic Control Area, the Northern Control Area or the Southern Control Area in the Designated Airspace Handbook and that extends upwards vertically from a specified altitude or a specified pressure-altitude; (région de contrôle)
control zone
control zone means the controlled airspace that is so specified in the Designated Airspace Handbook and that extends upwards vertically from the surface of the earth up to and including 3,000 feet AGL, unless otherwise specified in that Handbook; (zone de contrôle)
controlled aerodrome
controlled aerodrome means an aerodrome at which an air traffic control unit is in operation; (aérodrome contrôlé)
controlled airspace
controlled airspace means an airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which air traffic control service is provided; (espace aérien contrôlé)
Convention
Convention means the Convention on International Civil Aviation signed on behalf of Canada at Chicago on December 7, 1944, as amended from time to time; (Convention)
crew member
crew member means a person assigned to duty in an aircraft during flight time; (membre d’équipage)
critical engine
critical engine means the engine the failure of which would most adversely affect the performance or handling qualities of an aircraft; (moteur le plus défavorable)
danger area
danger area means an airspace of fixed dimensions that is so specified in the Designated Airspace Handbook, within which activities dangerous to the flight of aircraft could take place at the times specified in the Handbook; (zone dangereuse)
dangerous goods
dangerous goods means dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992; (marchandises dangereuses)
day
day or daylight means the time between the beginning of morning civil twilight and the end of evening civil twilight; (jour)
decision height
decision height means the height specified in the Canada Air Pilot or the Restricted Canada Air Pilot at which a missed approach procedure is to be initiated during a precision approach if the required visual reference necessary to continue the approach to land has not been established; (hauteur de décision)
Designated Airspace Handbook
Designated Airspace Handbook means the manual that contains information in respect of the designation of airspace and that is published under the authority of the Minister; (Manuel des espaces aériens désignés)
elementary work
elementary work means those tasks that are listed as elementary work in the Aircraft Equipment and Maintenance Standards; (travaux élémentaires)
ELT
ELT means an emergency locator transmitter; (ELT)
empty weight

empty weight, in respect of an aircraft, means the total weight of the following parts or contents that are part of, or carried on board, the aircraft, namely,

(a) the airframe, including the rotor in the case of a helicopter or gyroplane,
(b) the power plant,
(c) the fixed ballast,
(d) the unusable fuel,
(e) the maximum amount of normal operating fluids, including oil, power plant coolant, hydraulic fluid, de-icing fluid and anti-icing fluid but not including potable water, lavatory pre-charge fluid or fluid intended for injection into the engines, and
(f) all of the installed equipment; (masse à vide)

ESCAT plan
ESCAT plan or Emergency Security Control of Air Traffic Plan means the measures to be implemented by Her Majesty in right of Canada in accordance with the North American Aerospace Defence Command (NORAD) Agreement in the case of an air defence emergency; (plan ESCAT ou Plan relatif au contrôle d’urgence de la circulation aérienne aux fins de la sécurité nationale)
EUBA
EUBA or emergency underwater breathing apparatus means a self-contained supplemental air supply that is designed to prolong the breathing capability of a passenger or a crew member during the evacuation of a helicopter that has overturned or is sinking after a ditching; (EUBAoudispositif respiratoire submersible de secours)
extended over-water operation

extended over-water operation means

(a) in the case of an aircraft other than a helicopter, a flight over an area of water located at a horizontal distance of more than 50 nautical miles from the nearest shoreline, and
(b) in the case of a helicopter, a flight over an area of water located at a horizontal distance of more than 50 nautical miles from the nearest shoreline or more than 50 nautical miles from the nearest offshore heliport structure; (survol prolongé d’un plan d’eau)

FAF
FAF means final approach fix; (FAF)
Federal Aviation Regulations
Federal Aviation Regulations means the Federal Aviation Regulations published by the Government of the United States, as amended from time to time; (Federal Aviation Regulations)
FL
FL or flight level means the altitude expressed in hundreds of feet, indicated on an altimeter set to 29.92 inches of mercury or 1 013.2 millibars; (FL ou niveau de vol)
flight
flight, in respect of a balloon in free or tethered flight, means the period of time between the moment when the balloon, including the envelope and basket, leaves a supporting surface and the moment it next comes to rest on landing; (vol)
flight attendant
flight attendant means a crew member, other than a flight crew member, who has been assigned duties to be performed in the interest of the passengers in a passenger-carrying aircraft; (agent de bord)
flight authority
flight authority means a certificate of airworthiness, special certificate of airworthiness, flight permit or validation of a foreign document attesting to an aircraft’s fitness for flight, issued under Subpart 7 of Part V, or a foreign certificate of airworthiness that meets the requirements of Article 31 of the Convention; (autorité de vol)
flight crew member
flight crew member means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time; (membre d’équipage de conduite)
flight crew member on call
flight crew member on call means a flight crew member who has been designated by an air operator to be available to report for flight duty on notice of one hour or less; (membre d’équipage de conduite en disponibilité)
flight crew member on standby
flight crew member on standby means a flight crew member who has been designated by an air operator or private operator to remain at a specified location in order to be available to report for flight duty on notice of one hour or less; (membre d’équipage de conduite en attente)
flight deck duty time
flight deck duty time means the period spent by a flight crew member at a flight crew member position in an aeroplane during flight time; (temps de service au poste de pilotage)
flight duty time
flight duty time means the period that starts when a flight crew member reports for a flight, or reports as a flight crew member on standby, and finishes at engines off or rotors stopped at the end of the final flight, except in the case of a flight conducted under Subpart 4 or 5 of Part VII, in which case the period finishes 15 minutes after engines off or rotors stopped at the end of the final flight, and includes the time required to complete any duties assigned by the air operator or private operator or delegated by the Minister prior to the reporting time and includes the time required to complete aircraft maintenance engineer duties prior to or following a flight; (temps de service de vol)
flight following
flight following means the monitoring of a flight’s progress, the provision of any operational information that might be requested by the pilot-in-command, and the notification of the flight training unit and search and rescue authorities if the flight is overdue or missing; (suivi de vol)
flight information services

flight information services means

(a) the dissemination of aviation weather information and aeronautical information for departure, destination and alternate aerodromes along a proposed route of flight,
(b) the dissemination of aviation weather information and aeronautical information to aircraft in flight,
(c) the acceptance, processing and activation of flight plans and flight itineraries and amendments to and cancellations of flight plans and flight itineraries,
(d) the exchange of flight plan information with domestic or foreign governments or agencies or foreign air traffic services units, and
(e) the dissemination of information concerning known ground and air traffic; (services d’information de vol)

flight inspection

flight inspection means the operation of an aircraft for the purpose of

(a) calibrating air navigation aids,
(b) monitoring or evaluating the performance of air navigation aids, or
(c) obstacle assessment; (inspection en vol)

flight itinerary
flight itinerary means the information required to be filed in the form of a flight itinerary pursuant to Division III of Subpart 2 of Part VI; (itinéraire de vol)
flight plan
flight plan means the information that is required to be filed in the form of a flight plan pursuant to Division III of Subpart 2 of Part VI; (plan de vol)
flight relief facility — bunk
flight relief facility — bunk means a bunk that meets the requirements of Aerospace Recommended Practice ARP4101/3, Crew Rest Facilities, published by the Society of Automotive Engineers (SAE), and is configured in accordance with the requirements of section 3.2.9 of Aerospace Recommended Practice ARP4101, Flight Deck Layout and Facilities, published by the SAE; (poste de repos — couchette)
flight relief facility — seat
flight relief facility — seat means a fully reclining seat that is separated and screened off from the passengers and flight deck, that is equipped with a call device, a restraint system designed to restrain a sleeping person and portable oxygen equipment, and that is not subject to distraction from noise generated in the cabin; (poste de repos — siège)
flight service station
flight service station means a ground station established to provide air traffic advisory services, flight information services and emergency assistance services for the safe movement of aircraft; (station d’information de vol)
flight simulation training device
flight simulation training device means an apparatus, including synthetic flight training equipment, that replicates or emulates an aircraft or aircraft component for the purpose of training and testing; (dispositif de formation simulant le vol)
flight time
flight time means the time from the moment an aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight; (temps de vol)
flight training
flight training means a training program of ground instruction and airborne training that is conducted in accordance with the flight instructor guide and flight training manual applicable to the aircraft used; (entraînement en vol)
flight training service
flight training service means a commercial air service that is operated for the purpose of conducting flight training; (service d’entraînement en vol)
flight training unit

flight training unit means

(a) in the case of an aeroplane or helicopter, the holder of a flight training unit operator certificate, or
(b) in the case of a glider, balloon, gyroplane or ultra-light aeroplane, a club, school or other organization that conducts flight training; (unité de formation au pilotage)

flight training unit operator certificate
flight training unit operator certificate means a certificate issued under Subpart 6 of Part IV that authorizes the holder of the certificate to operate a flight training service; (certificat d’exploitation d’unité de formation au pilotage)
flight visibility
flight visibility means the visibility forward from the cockpit of an aircraft in flight; (visibilité en vol)
flight watch
flight watch means maintaining current information on the progress of a flight and monitoring all factors and conditions that might affect the flight; (surveillance de vol)
glider
glider means a non-power-driven heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on surfaces that remain fixed during flight; (planeur)
ground station
ground station means a location on the ground equipped with radio transmitting and receiving equipment capable of two-way voice communications with an aircraft; (station au sol)
ground visibility

ground visibility, in respect of an aerodrome, means the visibility at that aerodrome as contained in a weather observation reported by

(a) an air traffic control unit,
(b) a flight service station,
(c) a community aerodrome radio station,
(d) an AWOS used by the Department of Transport, the Department of National Defence or the Atmospheric Environment Service for the purpose of making aviation weather observations, or
(e) a radio station that is ground-based and operated by an air operator; (visibilité au sol)

gyroplane
gyroplane means a heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on one or more non-power-driven rotors on substantially vertical axes; (autogire)
hang glider
hang glider means a glider that is designed to carry not more than two persons and has a launch weight of 45 kg (99.2 pounds) or less; (aile libre)
heading
heading means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in true, magnetic or grid degrees from North; (cap)
heavier-than-air aircraft
heavier-than-air aircraft means an aircraft supported in the atmosphere by lift derived from aerodynamic forces; (aérodyne)
helicopter
helicopter means a power-driven heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on one or more power-driven rotors on substantially vertical axes; (hélicoptère)
helicopter Class A external load
helicopter Class A external load means an external load that cannot move freely, cannot be jettisoned and does not extend below the landing gear; (charge externe de classe A pour hélicoptère)
helicopter Class B external load
helicopter Class B external load means an external load that can be jettisoned and that is not in contact with land, water or any other surface; (charge externe de classe B pour hélicoptère)
helicopter Class C external load
helicopter Class C external load means an external load that can be jettisoned and that remains in contact with land, water or any other surface; (charge externe de classe C pour hélicoptère)
helicopter Class D external load
helicopter Class D external load means an external load with a person carried externally or any external load, other than a Class A, B or C external load; (charge externe de classe D pour hélicoptère)
heliport
heliport means an aerodrome in respect of which a heliport certificate issued under Subpart 5 of Part III is in force; (héliport)
high level airspace
high level airspace means airspace at or above 18,000 feet ASL that is within Canadian Domestic Airspace; (espace aérien supérieur)
high seas
high seas means any body of water, or frozen surface thereof, that is not within the territorial waters of any state; (haute mer)
HUD
HUD means head-up display; (HUD)
IFR
IFR means instrument flight rules; (IFR)
IFR air traffic control message
IFR air traffic control message means a message that contains an air traffic control clearance or instruction, a position report or procedure related to the conduct of an IFR flight; (message IFR du contrôle de la circulation aérienne)
IFR aircraft
IFR aircraft means an aircraft operating in IFR flight; (aéronef IFR)
IFR flight
IFR flight means a flight conducted in accordance with the instrument flight rules; (vol IFR)
IMC
IMC or instrument meteorological conditions means meteorological conditions less than the minima specified in Division VI of Subpart 2 of Part VI for visual meteorological conditions, expressed in terms of visibility and distance from cloud; (IMC ou conditions météorologiques de vol aux instruments)
infant
infant means a person under two years of age; (enfant en bas âge)
instrument approach
instrument approach means the orderly positioning of an IFR aircraft from the enroute phase to a position and altitude from which a landing may be completed or a missed approach procedure may be initiated; (approche aux instruments)
instrument approach procedure
instrument approach procedure means, in respect of an aircraft on an instrument approach to a runway or aerodrome, a procedure for an instrument approach determined by the pilot-in-command of the aircraft on the basis of the information specified in the Canada Air Pilot for an instrument approach to that runway or aerodrome or, if no such information is specified in the Canada Air Pilot, the information specified in the Restricted Canada Air Pilot for an aircraft operated under Subpart 6 of Part IV, Subpart 4 of Part VI, or Part VII; (procédure d’approche aux instruments)
instrument time

instrument time means

(a) instrument ground time,
(b) actual instrument flight time, or
(c) simulated instrument flight time; (temps aux instruments)

invited assembly of persons
invited assembly of persons means any number of persons who have been invited, by any means, to attend a special aviation event. The term excludes competition judges, the holder of a special flight operations certificate, members of a certificate holder’s staff and members of a participant’s support team; (rassemblement de personnes invitées)
land aircraft
land aircraft means an aircraft that is not capable of normal operations on water; (aéronef terrestre)
landing

landing means

(a) in respect of an aircraft other than an airship, the act of coming into contact with a supporting surface, and includes the acts immediately preceding and following the coming into contact with that surface, and
(b) in respect of an airship, the act of bringing the airship under restraint, and includes the acts immediately preceding and following the bringing of the airship under restraint; (atterrissage)

large aeroplane
large aeroplane means an aeroplane with an MCTOW of more than 5 700 kg (12,566 pounds); (gros avion)
launch weight

launch weight means the total weight of a hang glider or an ultra-light aeroplane when it is ready for flight, including any equipment, instruments, fuel or oil, but not including

(a) the weight of the occupants,
(b) the weight of any float equipment to a maximum of 34 kg (74.93 pounds), or
(c) the weight of any ballistic parachute installation; (poids au départ)

LDA
LDA or landing distance available means the length of a runway at an aerodrome that the aerodrome operator declares available and suitable for the ground run of an aeroplane that is landing; (LDA ou distance d’atterrissage utilisable)
life-limited part
life-limited part means a part that, as a condition of the type certificate, may not exceed a specified time, or number of operating cycles, in service; (pièce à vie limitée)
light turbulence
light turbulence means turbulence that momentarily causes slight, erratic changes in altitude or attitude or turbulence that causes slight, rapid and somewhat rhythmic bumpiness without appreciable changes in altitude or attitude; (turbulence légère)
lighter-than-air aircraft
lighter-than-air aircraft means an aircraft supported in the atmosphere by its buoyancy; (aérostat)
limited supplemental type certificate
limited supplemental type certificate[Repealed, SOR/2009-280, s. 1]
low level airspace
low level airspace means airspace below 18,000 feet ASL that is within Canadian Domestic Airspace; (espace aérien inférieur)
low-visibility procedures
low-visibility procedures means procedures specified for an airport in the Canada Air Pilot that restrict aircraft and vehicle operations on the movement area of the airport when the runway visual range is less than 1,200 feet; (procédures par faible visibilité)
maintenance

maintenance means the overhaul, repair, required inspection or modification of an aeronautical product, or the removal of a component from or its installation on an aeronautical product, but does not include

(a) elementary work,
(b) servicing, or

(c) work performed on an aircraft by the manufacturer prior to the issuance of whichever of the following documents is issued first:

(i) a certificate of airworthiness,
(ii) a special certificate of airworthiness, or
(iii) an export airworthiness certificate; (maintenance)

maintenance release
maintenance release means a certification made following the maintenance of an aeronautical product, indicating that the maintenance was performed in accordance with the applicable provisions of these Regulations and the standards of airworthiness; (certification après maintenance)
maintenance schedule
maintenance schedule means a schedule required pursuant to section 605.86 for the performance of the inspections and other maintenance required by these Regulations; (calendrier de maintenance)
major modification
major modification means an alteration to the type design of an aeronautical product in respect of which a type certificate has been issued that has other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting its airworthiness or environmental characteristics; (modification majeure)
major repair
major repair means a repair to an aeronautical product in respect of which a type certificate has been issued, that causes the aeronautical product to deviate from the type design defined by the type certificate, where the deviation from the type design has other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting the aeronautical product’s airworthiness or environmental characteristics; (réparation majeure)
mandatory frequency
mandatory frequency means a VHF frequency specified in the Canada Air Pilot or the Canada Flight Supplement for the use of radio-equipped aircraft operating within an MF area; (fréquence obligatoire)
manoeuvring area
manoeuvring area means that part of an aerodrome, other than an apron, that is intended to be used for the take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing; (aire de manoeuvre)
Manual of All Weather Operations (Categories II and III)
Manual of All Weather Operations (Categories II and III) means the manual that contains information in respect of the operation of aircraft in various weather conditions and that is published under the authority of the Minister; (Manuel d’exploitation tous temps (catégories II et III))
manufacture
manufacture means the making, assembly and fabrication, other than the fabrication of parts as part of a repair, of aeronautical products, and includes, in the case of newly manufactured aircraft, any work performed on an aircraft prior to the issuance of the first certificate of airworthiness or export certificate of airworthiness by the manufacturer; (construction)
manufacturer
manufacturer means the holder of a type certificate for an aeronautical product or, where no type certificate has been issued by the Minister, the maker of the aeronautical product; (constructeur)
manufacturer certificate
manufacturer certificate means a certificate issued under Subpart 61 of Part V; (certificat de constructeur)
maximum permissible take-off weight
maximum permissible take-off weight means the maximum take-off weight for an aircraft as authorized by the state of registry of the aircraft or as provided for in the aircraft type certificate; (masse maximale admissible au décollage)
MCTOW
MCTOW or maximum certificated take-off weight means the weight identified as such in the type certificate of an aircraft; (MMHD ou masse maximale homologuée au décollage)
MEL
MEL or minimum equipment list means a document approved by the Minister pursuant to subsection 605.07(3) that authorizes an operator to operate an aircraft with aircraft equipment that is inoperative under the conditions specified therein, and may specify certain equipment that must be operative; (MEL ou liste d’équipement minimal)
MF area

MF area means an area of specific dimensions that consists of the surface area and airspace in the vicinity of an uncontrolled aerodrome and

(a) to which a mandatory frequency has been assigned,
(b) in respect of which the reporting procedures specified in Division V of Subpart 2 of Part VI are applicable, and
(c) that is identified as an MF area in the Canada Air Pilot or the Canada Flight Supplement; (zone MF)

minimum descent altitude
minimum descent altitude means the altitude ASL, specified in the Canada Air Pilot or the Restricted Canada Air Pilot for a non-precision approach, below which descent is not to be made until the required visual reference necessary to continue the approach to land has been established; (altitude minimale de descente)
minimum enroute altitude
minimum enroute altitude[Repealed, SOR/2006-77, s. 1]
minimum rest period
minimum rest period means a period during which a flight crew member is free from all duties, is not interrupted by the air operator or private operator, and is provided with an opportunity to obtain not less than eight consecutive hours of sleep in suitable accommodation, time to travel to and from that accommodation and time for personal hygiene and meals; (période de repos minimale)
Minister
Minister means the Minister of Transport; (ministre)
missed approach procedure
missed approach procedure means the procedure to be followed if, for any reason after conducting an instrument approach, a landing is not effected; (procédure d’approche interrompue)
MMEL
MMEL or master minimum equipment list means a document established by the Minister pursuant to subsection 605.07(1) that lists the aircraft equipment that is allowed to be inoperative for a particular type of aircraft under the conditions specified therein; (MMEL ou liste principale d’équipement minimal)
MOCA
MOCA or minimum obstruction clearance altitude means the altitude ASL that is specified on an IFR chart between fixes on an airway, on a fixed RNAV route or on an air route and that meets the IFR obstruction clearance requirements; (MOCA ou altitude minimale de franchissement d’obstacles)
model aircraft
model aircraft means an aircraft, the total weight of which does not exceed 35 kg (77.2 pounds), that is mechanically driven or launched into flight for recreational purposes and that is not designed to carry persons or other living creatures; (modèle réduit d’aéronef)
model rocket

model rocket means a rocket that

(a) is equipped with model rocket motors that will not generate a total impulse exceeding 160 N.s,
(b) has a gross weight, including motors, not exceeding 1 500 g (3.3 pounds), and
(c) is equipped with a parachute or other device capable of retarding its descent; (modèle réduit de fusée)

Mode S transponder
Mode S transponder means the airborne Mode S air traffic control (ATC) transponder referred to in CAN-TSO-C112; (transpondeur mode S)
movement area
movement area means a part of an aerodrome that is intended to be used for the surface movement of aircraft, and includes the manoeuvring area and aprons; (aire de mouvement)
night
night means the time between the end of evening civil twilight and the beginning of morning civil twilight; (nuit)
non-piloted aircraft
non-piloted aircraft[Repealed, SOR/2003-271, s. 1]
non-precision approach
non-precision approach means an instrument approach by an aircraft using azimuth information; (approche de non-précision)
Northern Domestic Airspace
Northern Domestic Airspace means the airspace so specified, and delineated, in the Designated Airspace Handbook; (espace aérien intérieur du Nord)
NOTAM
NOTAM means a notice to airmen concerning the establishment or condition of, or change in, any aeronautical facility, service or procedure, or any hazard affecting aviation safety, the knowledge of which is essential to personnel engaged in flight operations; (NOTAM)
obstacle limitation surface
obstacle limitation surface means a surface that establishes the limit to which objects may project into an aerodrome’s airspace, so that aircraft operations for which the aerodrome is intended may be conducted safely, and consists of a transitional surface, a take-off surface, an approach surface and an outer surface; (surface de limitation d’obstacles)
offshore operations flight

offshore operations flight means a flight that is conducted to or from an offshore location and that is

(a) a flight in support of offshore oil, gas or mineral exploitation,
(b) a sea-pilot transfer flight, or
(c) a search and rescue flight; (vol d’exploitation extracôtière)

one-engine-inoperative take-off distance
one-engine-inoperative take-off distance means the distance from the start of the take-off roll to the point at which the aeroplane reaches 35 feet above the runway elevation, where failure of the critical engine is recognized at V1; (distance de décollage avec un moteur inopérant)
one-engine-inoperative take-off run
one-engine-inoperative take-off run means the distance from the start of the take-off roll to the point midway between the lift-off point and the point at which the aeroplane reaches 35 feet above the runway elevation, where failure of the critical engine is recognized at V1; (roulement au décollage avec un moteur inopérant)
operator
operator, in respect of an aircraft, means the person that has possession of the aircraft as owner, lessee or otherwise; (utilisateur)
operator
operator in respect of an airport or heliport, means the holder of the appropriate Canadian aviation document that is in force with respect to the airport or heliport or the person in charge of the airport or heliport, whether as employee, agent or representative of the holder of the Canadian aviation document; (exploitant)
ornithopter
ornithopter means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on planes to which a flapping motion is imparted; (ornithoptère)
overhaul
overhaul means a restoration process that includes the disassembly, inspection, repair or replacement of parts, reassembly, adjustment, refinishing and testing of an aeronautical product, and ensures that the aeronautical product is in complete conformity with the service tolerances specified in the applicable instructions for continued airworthiness; (révision majeure)
owner
owner, in respect of an aircraft, means the person who has legal custody and control of the aircraft; (propriétaire)
part design approval
part design approval means a document issued by the Minister to record the approval of the design of a replacement part, identified by a part number or by some other means of identification unique to the part, for use on an aeronautical product that is identified by type or model; (approbation de la conception de pièce)
passenger
passenger means a person, other than a crew member, who is carried on board an aircraft; (passager)
permanent resident
permanent resident means a permanent resident as defined in subsection 2(1) of the Immigration Act; (résident permanent)
personal flotation device
personal flotation device means a personal flotation device that meets the standards set out in the Canadian General Standards Board Standard 65-GP-11, entitled Standard for: Personal Flotation Devices, published in October 1972; (vêtement de flottaison individuel)
pilot self-dispatch
pilot self-dispatch means the responsibility of the pilot-in-command for all decisions respecting the operational flight plan and for the flight watch; (régulation du vol par le pilote)
powered glider
powered glider means an aeroplane that, with engines inoperative, has the flight characteristics of a glider; (planeur propulsé)
powered parachute aircraft
powered parachute aircraft means a power-driven heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on surfaces of a flexible parachute-type aerofoil; (aéronef pour parachute entraîné par moteur)
precision approach
precision approach means an instrument approach by an aircraft using azimuth and glide path information; (approche de précision)
primary structure
primary structure means a structure that carries flight, ground or pressure loads; (structure primaire)
private aircraft
private aircraft means an aircraft that is registered as a private aircraft pursuant to sections 202.16 and 202.17; (aéronef privé)
private operator
private operator means the holder of a private operator registration document; (exploitant privé)
private operator certificate
private operator certificate[Repealed, SOR/2014-131, s. 1]
private operator registration document
private operator registration document means a document issued under subsection 604.04(2); (document d’enregistrement d’exploitant privé)
protective breathing equipment
protective breathing equipment means equipment designed to cover the eyes, nose and mouth of the wearer, or the nose and mouth where accessory equipment is provided to protect the eyes, and to protect the wearer from the effects of smoke, carbon dioxide or other harmful gases; (inhalateur protecteur)
quick-donning mask
quick-donning mask means an oxygen mask that can be secured by a person using one hand on the person’s face within five seconds, and that provides an immediate supply of oxygen; (masque à mise rapide)
registered aerodrome
registered aerodrome means an aerodrome registered by the Minister pursuant to Subpart 1 of Part III; (aérodrome enregistré)
repair
repair means the rectification of deficiencies in an aeronautical product or the restoration of an aeronautical product to an airworthy condition; (réparation)
repair design approval

repair design approval means a document, including a repair design certificate issued before December 1, 2009 under section 513.11 or 513.22, issued by the Minister to record the approval of

(a) a repair design in respect of a repair to an aeronautical product identified in the document by a serial number, or
(b) a repair process in respect of a repair to an aeronautical product or any of its components, identified in the document by a serial number, by a part number or by some other identification unique to the component; (approbation de la conception de réparation)

repair design certificate
repair design certificate[Repealed, SOR/2009-280, s. 1]
reportable service difficulty
reportable service difficulty means a service difficulty that affects or that, if not corrected, is likely to affect the safety of an aircraft, its occupants or any other person; (difficulté en service à signaler)
required inspection
required inspection means an inspection of an aeronautical product that is required by a maintenance schedule, an airworthiness limitation or an airworthiness directive, except where the airworthiness directive specifies that the inspection may be performed by a flight crew member; (inspection obligatoire)
required take-off distance
required take-off distance means the one-engine-inoperative take-off distance or 115 per cent of the all-engines-operating take-off distance, whichever is greater; (distance de décollage exigée)
required take-off run
required take-off run means the one-engine-inoperative take-off run or 115 per cent of the all-engines-operating take-off run, whichever is greater; (roulement au décollage exigé)
required visual reference
required visual reference, in respect of an aircraft on an approach to a runway, means that portion of the approach area of the runway or those visual aids that, when viewed by the pilot of the aircraft, enable the pilot to make an assessment of the aircraft position and rate of change of position, in order to continue the approach and complete a landing; (référence visuelle requise)
restricted airspace
restricted airspace means airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which the flight of aircraft is restricted in accordance with certain conditions specified in that Handbook; (espace aérien réglementé)
Restricted Canada Air Pilot
Restricted Canada Air Pilot means an aeronautical information publication published by NAV CANADA that contains information on restricted instrument procedures; (Canada Air Pilot restreint)
rocket
rocket means a projectile that contains its own propellant and that depends for its flight on a reaction set up by the release of a continuous jet of rapidly expanding gases; (fusée)
runway visibility
runway visibility means the distance along a runway over which a person can see and recognize a visibility marker or lights having an intensity of more or less 1,000 candelas; (visibilité sur la piste)
RVR
RVR or runway visual range means the range over which the pilot of an aircraft on the centre line of a runway can expect to see the runway surface markings or the lights delineating the runway or identifying that centre line; (RVR ou portée visuelle de piste)
RVR A
RVR A, in respect of a runway, means RVR detection equipment that is located adjacent to the runway threshold; (RVR « A »)
RVR B
RVR B, in respect of a runway, means RVR detection equipment that is located adjacent to the runway mid-point; (RVR « B »)
RVSM airspace

RVSM airspace or Reduced Vertical Separation Minimum airspace means airspace where a vertical separation minimum of 1,000 feet applies, whose horizontal and vertical limits are

(a) in respect of Canadian airspace, specified in the Designated Airspace Handbook, and
(b) in respect of foreign airspace, designated or otherwise recognized by the competent aviation authority of the foreign country; (espace aérien RVSM ou espace aérien à espacement minimum vertical réduit)

safety belt
safety belt means a personal restraint system consisting of either a lap strap or a lap strap combined with a shoulder harness; (ceinture de sécurité)
safety management system
safety management system means a documented process for managing risks that integrates operations and technical systems with the management of financial and human resources to ensure aviation safety or the safety of the public; (système de gestion de la sécurité)
safety pilot
safety pilot means a pilot who acts as a lookout for another pilot operating an aircraft in simulated instrument flight; (pilote de sécurité)
SCATANA plan
SCATANA plan or Security Control of Air Traffic and Navigation Aids Plan[Repealed, SOR/2002-352, s. 1]
SCDA non-precision approach
SCDA non-precision approach means stabilized constant-descent-angle non-precision approach; (approche de non-précision SCDA)
scheduled maintenance
scheduled maintenance means any maintenance performed at predetermined intervals pursuant to these Regulations, a maintenance schedule or an airworthiness directive; (maintenance planifiée)
serviceable
serviceable, in respect of an aircraft or aircraft part, means fit and safe for flight; (en état de service)
service difficulty
service difficulty means a failure or malfunction of, or defect in, an aeronautical product; (difficulté en service)
servicing
servicing, in respect of an aeronautical product, means cleaning, lubricating and the replenishment of fluids not requiring the disassembly of the product; (entretien courant)
shoulder harness
shoulder harness means any device that is used to restrain the upper torso of a person and that consists of a single diagonal upper torso strap or dual upper torso straps; (ceinture-baudrier)
sightseeing operation
sightseeing operation means aerial work in the course of which passengers are disembarked at the point of departure; (excursion aérienne)
small aircraft
small aircraft means an aeroplane having a maximum permissible take-off weight of 5 700 kg (12,566 pounds) or less, or a helicopter having a maximum permissible take-off weight of 2 730 kg (6,018 pounds) or less; (petit aéronef)
Southern Domestic Airspace
Southern Domestic Airspace means that airspace so specified, and delineated, in the Designated Airspace Handbook; (espace aérien intérieur du Sud)
special aviation event
special aviation event means an air show, a low level air race, an aerobatic competition, a fly-in or a balloon festival; (manifestation aéronautique spéciale)
special VFR flight
special VFR flight means a VFR flight authorized by an air traffic control unit that is conducted within a control zone under VMC in accordance with Division VI of Subpart 2 of Part VI; (vol VFR spécial)
specialty air services
specialty air services means aerial mapping, aerial surveying, aerial photography, forest fire management, fire fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance and aerial spraying services; (services aériens spécialisés)
Standard 621
Standard 621 means the Obstruction Marking and Lighting Standard of the General Operating and Flight Rules Standards, published by the Department of Transport; (norme 621)
standard of airworthiness
standard of airworthiness, in respect of the design, manufacture or maintenance of an aeronautical product, means the description, in terms of a minimum standard, of the properties and attributes of the configuration, material and performance or physical characteristics of that aeronautical product, and includes the procedures to ascertain compliance with or to maintain that minimum standard, as specified in Part V; (norme de navigabilité)
standard part

standard part, in respect of an aircraft, means a part manufactured in conformity with a specification that

(a) is established, published and maintained by an organization setting consensus standards or by a government agency, and
(b) includes design, manufacturing, test and acceptance criteria and identification requirements; (pièce standard)

standard pressure region
standard pressure region means all of the Canadian Domestic Airspace not within the altimeter setting region; (région d’utilisation de la pression standard)
station
station means a facility used for providing aeronautical information or services; (station)
stopway
stopway means a rectangular area on the ground at the end of a runway in the direction of take-off and having the same width as the runway, prepared as a suitable area for stopping an aeroplane in the case of a rejected take-off; (prolongement d’arrêt)
suitable accommodation
suitable accommodation means a single-occupancy bedroom that is subject to a minimal level of noise, is well ventilated and has facilities to control the levels of temperature and light or, where such a bedroom is not available, an accommodation that is suitable for the site and season, is subject to a minimal level of noise and provides adequate comfort and protection from the elements; (local approprié)
supplemental type certificate

supplemental type certificate means a document, including a limited supplemental type approval and a supplemental type approval issued before October 10, 1996 under section 214 of the Air Regulations and a limited supplemental type certificate issued before December 1, 2009 under section 513.11 or 513.22, issued by the Minister to record the approval of a change to the type design of

(a) an aeronautical product identified in the document by a single serial number,
(b) several aeronautical products of the same type or model, approved under a single type certificate and identified in the document by their serial numbers, or
(c) several aeronautical products of differing types or models, approved under separate type certificates and identified in the document; (certificat de type supplémentaire)

surface
surface means any ground or water, including the frozen surface thereof; (surface)
take-off

take-off means

(a) in respect of an aircraft other than an airship, the act of leaving a supporting surface, and includes the take-off run and the acts immediately preceding and following the leaving of that surface, and
(b) in respect of an airship, the act of freeing the airship from restraint, and includes the acts immediately preceding and following the freeing of that airship from restraint; (décollage)

TAWS
TAWS or Terrain Awareness Warning System means an aircraft system that is intended to provide a flight crew with both aural and visual alerts to aid in preventing controlled flight into terrain, obstacles or water; (TAWS ou système d’avertissement et d’alarme d’impact)
terminal control area
terminal control area means controlled airspace that is established in the vicinity of a major aerodrome and within which an air traffic control service is provided based on the airspace classification; (région de contrôle terminal)
tethered flight
tethered flight, in respect of a balloon, means flight while the balloon is attached to a supporting surface by a restraining device; (vol captif)
TODA
TODA or take-off distance available means the total of the take-off run available and, where a clearway is provided, the length of clearway declared available by the operator of the aerodrome; (TODA ou distance de décollage utilisable)
TORA
TORA or take-off run available means the length of a runway declared available and suitable by the operator of the aerodrome for the ground run of an aeroplane during take-off; (TORA ou distance de roulement utilisable au décollage)
track
track means the projection on the earth’s surface of the path of an aircraft, the direction of which path at any point is usually expressed in true, magnetic or grid degrees from North; (route)
transponder airspace
transponder airspace means controlled airspace consisting of the airspace referred to in section 601.03, within which the aircraft equipment requirements prescribed in section 605.35 apply; (espace aérien à utilisation de transpondeur)
transport category aircraft
transport category aircraft means an aeroplane certified pursuant to Chapter 525 of the Airworthiness Manual or an equivalent foreign airworthiness standard, or a helicopter certified pursuant to Chapter 529 of the Airworthiness Manual or an equivalent foreign airworthiness standard; (aéronef de catégorie transport)
true Mach number
true Mach number means the ratio of the true air speed of an aircraft to the local speed of sound at the flight altitude; (nombre de Mach vrai)
TSO-C112
TSO-C112[Repealed, SOR/2009-280, s. 1]
TSO-C118
TSO-C118[Repealed, SOR/2009-280, s. 1]
TSO-C119a
TSO-C119a[Repealed, SOR/2009-280, s. 1]
TSO-C119b
TSO-C119b[Repealed, SOR/2009-280, s. 1]
type

type means

(a) when used in reference to personnel licensing, a specific make and model of aircraft, including modifications thereto that do not change its handling or flight charateristics, and
(b) when used in reference to the certification of aircraft, a classification of aircraft having similar design characteristics; (type)

type certificate

type certificate means

(a) a document, including a type approval issued before October 10, 1996 under section 214 of the Air Regulations, issued by the Minister to certify that the type design of an aircraft, aircraft engine or propeller identified in the document meets the applicable standards for that aeronautical product recorded in the type certificate data sheets, or
(b) a document issued by the foreign airworthiness authority having jurisdiction over the type design of an aeronautical product that is equivalent to a document referred to in paragraph (a) and that has been accepted by the Minister for the purpose of issuing a certificate of airworthiness; (certificat de type)

type design

type design means

(a) the drawings and specifications, and a listing of those drawings and specifications that are necessary to define the design features of an aeronautical product in compliance with the standards applicable to the aeronautical product,
(b) the information on dimensions, materials and manufacturing processes that is necessary to define the structural strength of an aeronautical product,
(c) the approved sections of the aircraft flight manual, where required by the applicable standards of airworthiness,
(d) the airworthiness limitations section of the instructions for continued airworthiness specified in the applicable chapters of the Airworthiness Manual; and
(e) any other data necessary to allow, by comparison, the determination of the airworthiness and, where applicable, the environmental characteristics of later aeronautical products of the same type or model; (définition de type)

UHF
UHF means ultra-high frequency; (UHF)
ultra-light aeroplane
ultra-light aeroplane means an advanced ultra-light aeroplane or a basic ultra-light aeroplane; (avion ultra-léger)
unforeseen operational circumstance
unforeseen operational circumstance means an event, such as unforecast adverse weather, or an equipment malfunction or air traffic control delay, that is beyond the control of an air operator or private operator; (circonstance opérationnelle imprévue)
unmanned air vehicle
unmanned air vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board; (véhicule aérien non habité)
UTC
UTC means Coordinated Universal Time; (UTC)
vessel
vessel means any ship, boat or other floating structure, other than an aircraft, used for navigation on water; (navire)
VFR
VFR means visual flight rules; (VFR)
VFR aircraft
VFR aircraft means an aircraft operating in VFR flight; (aéronef VFR)
VFR flight
VFR flight means a flight conducted in accordance with the visual flight rules; (vol VFR)
VFR OTT
VFR OTT means VFR over-the-top; (VFR OTT)
VHF
VHF means very high frequency; (VHF)
visibility marker
visibility marker means a dark object of suitable dimensions for use as a reference in evaluating runway visibility; (balise de visibilité)
visibility report
visibility report means a report that may include runway visibility, ground visibility and RVR; (compte rendu de la visibilité)
VMC
VMC or visual meteorological conditions means meteorological conditions equal to or greater than the minima specified in Division VI of Subpart 2 of Part VI, expressed in terms of visibility and distance from cloud. (VMC ou conditions météorologiques de vol à vue)

(2) Unless otherwise indicated in these Regulations, any reference to a classification, standard, procedure or other specification that is incorporated by reference is a reference to that classification, standard, procedure or specification as amended from time to time.

SOR/98-526, s. 1;
SOR/2000-405, s. 1;
SOR/2002-112, s. 1;
SOR/2002-345, s. 1;
SOR/2002-352, s. 1;
SOR/2003-123, s. 1;
SOR/2003-129, s. 1;
SOR/2003-154, s. 1;
SOR/2003-271, s. 1;
SOR/2005-173, s. 1;
SOR/2005-348, s. 1;
SOR/2006-77, s. 1;
SOR/2006-199, s. 1;
SOR/2007-87, s. 1;
SOR/2007-133, s. 1;
SOR/2007-136, s. 1;
SOR/2007-290, s. 1;
SOR/2009-280, ss. 1, 39;
SOR/2011-285, s. 1;
SOR/2012-136, s. 1;
SOR/2014-131, s. 1;
SOR/2015-84, s. 1;
SOR/2015-127, s. 1;
SOR/2015-160, s. 1.

Previous Version

Subpart 2 — Application

Application

102.01 These Regulations do not apply in respect of

(a) military aircraft of Her Majesty in right of Canada when they are being manoeuvred under the authority of the Minister of National Defence;
(b) military aircraft of a country other than Canada, to the extent that the Minister of National Defence has exempted them from the application of these Regulations pursuant to subsection 5.9(2) of the Act; or
(c) model aircraft, rockets, hovercraft or wing-in-ground-effect machines, unless otherwise indicated in the Regulations.

Subpart 3 — Administration and Compliance

Division I — Administration

Requirements for Standards Incorporated by Reference

103.01 (1) This section applies in respect of standards made by the Minister and incorporated by reference into these Regulations.
(2) The Minister shall not make a standard or an amendment to a standard unless the Minister has undertaken consultations with interested persons concerning the standard or the amendment in accordance with the procedures specified in the publication entitled CARAC Management Charter & Procedures.
(3) No standard or amendment to a standard shall come into effect less than 30 days after it is made.
(4) A standard or an amendment to a standard may be made and brought into effect by the Minister without regard to subsections (2) and (3) where the standard or amendment is urgently required to ensure aviation safety or the safety of the public.

Division II — Compliance

Inspection of Aircraft, Requests for Production of Documents and Prohibitions

103.02 (1) The owner or operator of an aircraft shall, on reasonable notice given by the Minister, make the aircraft available for inspection in accordance with the notice.

(2) Every person who

(a) is the holder of a Canadian aviation document,
(b) is the owner, operator or pilot-in-command of an aircraft in respect of which a Canadian aviation document, technical record or other document is kept, or
(c) has in possession a Canadian aviation document, technical record or other document relating to an aircraft or a commercial air service

shall produce the Canadian aviation document, technical record or other document for inspection in accordance with the terms of a demand made by a peace officer, an immigration officer or the Minister.

(3) No person shall

(a) lend a Canadian aviation document to any person who is not entitled to it by these Regulations, or allow any such person to use a Canadian aviation document; or
(b) mutilate, alter or render illegible a Canadian aviation document.

(4) For the purposes of this section, other document includes all writings, papers and other records made, held or maintained by the owner, operator or pilot-in-command of an aircraft for the purpose of recording any action, activity, performance or use of the aircraft or any activity of the owner, operator or crew members in respect of that aircraft, whether or not the documents are required by law to be made, held or maintained.

Return of Canadian Aviation Documents

103.03 Where a Canadian aviation document has been suspended or cancelled, the person to whom it was issued shall return it to the Minister immediately after the effective date of the suspension or cancellation.

Record Keeping

103.04 Recording systems, including computer records and microfiche, that do not comprise entries on paper may be used to comply with the record-keeping requirements of these Regulations if

(a) measures are taken to ensure that the records contained in the recording systems are protected, by electronic or other means, against inadvertent loss or destruction and against tampering; and
(b) a copy of the records contained in the recording systems can be printed on paper and provided to the Minister on reasonable notice given by the Minister.

[103.05 reserved]
Division III — Canadian Aviation Documents

Notices of Refusal to Issue, Amend or Renew and Notices of Suspension or Cancellation

[SOR/2004-131, s. 1]

103.06 (1) A notice issued by the Minister pursuant to subsections 6.9(1) and (2) of the Act shall include

(a) a description of the particulars of the alleged contravention;
(b) where the Minister has decided to suspend the Canadian aviation document, a statement of the duration of the suspension; and
(c) a statement that a request for review by the Tribunal does not operate as a stay of the suspension or cancellation but that an application may be made in writing to the Tribunal, pursuant to subsection 6.9(4) of the Act, to stay the suspension or cancellation until the review of the decision of the Minister has been concluded.

(2) A notice issued by the Minister pursuant to subsections 7(1) and (2) of the Act shall include

(a) a statement of the effective date of the suspension;
(b) a statement of the conditions under which the suspension is terminated; and
(c) a statement that a request for review by the Tribunal does not operate as a stay of the suspension.

(3) A notice issued by the Minister pursuant to subsections 7.1(1) and (2) of the Act shall include

(a) where the Minister has decided to suspend or cancel a Canadian aviation document, a statement of the effective date of the suspension or cancellation;
(b) where the Minister has decided to suspend the Canadian aviation document, a statement of the duration of the suspension or the conditions under which the suspension is terminated; and
(c) a statement that a request for review by the Tribunal does not operate as a stay of the suspension, cancellation or refusal to renew.

(4)  A notice issued by the Minister under subsection 6.71(2) of the Act informing an applicant or an owner or operator of an aircraft, aerodrome, airport or other facility of the Minister's decision made under subsection 6.71(1) of the Act to refuse to issue or amend a Canadian aviation document in respect of the aircraft, aerodrome, airport or other facility shall be in the form set out in Schedule I to this Subpart.

SOR/2004-131, s. 2.

Administrative Grounds for Suspension, Cancellation or Refusal to Renew

103.07 In addition to the grounds referred to in sections 6.9 to 7.1 of the Act, the Minister may suspend, cancel or refuse to renew a Canadian aviation document where

(a) the Canadian aviation document has been voluntarily surrendered to the Minister by its holder;
(b) the Canadian aviation document has been mutilated, altered, or rendered illegible;
(c) the aircraft in respect of which the Canadian aviation document was issued has been destroyed or withdrawn from use; or
(d) the commercial air service, other service or undertaking in respect of which the Canadian aviation document was issued has been discontinued.

Division IV — Designated Provisions

Designated Provisions

103.08 (1) The provisions set out in column I of Schedule II to this Subpart are hereby designated as provisions the contravention of which may be dealt with under, and in accordance with the procedure set out in, sections 7.7 to 8.2 of the Act.
(2) The amounts set out in column II of Schedule II to this Subpart are the maximum amounts payable in respect of a contravention of the designated provisions set out in column I.

(3)  A notice issued to a person by the Minister under subsection 7.7(1) of the Act shall specify

(a) the particulars of the alleged contravention;
(b) that the person on or to whom the notice is served or sent has the option of paying the amount specified in the notice or filing a request for a review with the Tribunal of the alleged contravention or the amount of the penalty;
(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on or to whom the notice in respect of that contravention is served or sent;
(d) that, if the person on or to whom the notice is served or sent files a request for a review with the Tribunal, that person will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention; and
(e)  that, if the person on or to whom the notice is served or sent fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period, that person will be deemed to have committed the contravention set out in the notice.

SOR/2004-131, s. 3.

Division V — Preservation and Return of Evidence or Aircraft

Preservation and Return of Evidence

103.09 Where the Minister seizes anything pursuant to paragraph 8.7(1)(c) of the Act, the Minister shall

(a) mark it in a clearly identifiable manner;
(b) take reasonable care to preserve it until it is required to be produced as evidence; and

(c) return it to the person from whom it was seized within 90 days after the seizure, where

(i) there is no dispute as to who is lawfully entitled to possession of the thing seized,
(ii) the return is not likely to affect aviation safety, and
(iii) the continued detention of the thing seized is not required for the purposes of an investigation, hearing or other similar proceeding.

Preservation and Return of Aircraft

103.10 Where the Minister detains an aircraft pursuant to paragraph 8.7(1)(d) of the Act, the Minister shall

(a) take reasonable care to preserve it; and

(b) return it to the person who had custody of it when it was detained or to the person who is lawfully entitled to possession of it, where the Minister has reasonable grounds to believe that the aircraft

(i) will not be operated, or
(ii) is airworthy or will be rendered airworthy prior to operation and will not be operated in an unsafe manner.

Interpretation

103.11 Nothing in these Regulations shall be construed as requiring the Minister to make repairs or modifications to anything seized or detained pursuant to paragraph 8.7(1)(c) or (d) of the Act.

Division VI — Definition of Principal

Definition of Principal

103.12 For the purposes of paragraphs 6.71(1)(c) and 7.1(1)(c) of the Act, principal means

(a) in respect of an air operator,

(i) any person who is employed or contracted by the air operator on a full- or part-time basis as the operations manager, the chief pilot or the person responsible for the maintenance control system, or any person who occupies an equivalent position,
(ii) any person who exercises control over the air operator as an owner, and
(iii) the accountable executive appointed by the air operator under section 106.02;

(b) in respect of a private operator,

(i) any person who is employed or contracted by the private operator on a full- or part-time basis as the operations manager, maintenance manager or chief pilot, or any person who occupies an equivalent position, and
(ii) any person who exercises control over the private operator as an owner;

(c) in respect of an approved maintenance organization,

(i) any person who is employed or contracted by the approved maintenance organization on a full- or part-time basis as the person responsible for maintenance,
(ii) any person who exercises control over the approved maintenance organization as an owner; and
(iii) the accountable executive appointed by the approved maintenance organization under section 106.02;

(d) in respect of an approved training organization,

(i) any person who is responsible for the quality control system, or any person who occupies an equivalent position, and
(ii) any person who exercises control over the approved training organization as an owner;

(e) in respect of a flight training unit,

(i) the chief flight instructor,
(ii) any person who is employed or contracted by the flight training unit on a full- or part-time basis as the person responsible for the maintenance control system,
(iii) any person who exercises control over the flight training unit as an owner, and
(iv) the accountable executive appointed by the flight training unit under section 106.02;

(f) in respect of a manufacturer of aeronautical products,

(i) any person who is responsible for the quality control system, or any person who occupies an equivalent position, and
(ii) any person who exercises control over the manufacturer as an owner;

(g) in respect of a distributor of aeronautical products,

(i) any person who is responsible for the product control system, or any person who occupies an equivalent position, and
(ii) any person who exercises control over the distributor as an owner;

(h) in respect of an airport,

(i) any person who is employed or contracted by its operator on a full- or part-time basis as the airport manager, or any person who occupies an equivalent position,
(ii) any person who exercises control over the airport as an owner, and
(iii) the accountable executive appointed by its operator under paragraph 106.02(1)(a); and

(i) in respect of a provider of air traffic services,

(i) any person who is employed or contracted by the provider of air traffic services on a full- or part-time basis as the operations manager, or any person who occupies an equivalent position,
(ii) any person who exercises control over the provider of air traffic services as an owner, and
(iii) the accountable executive appointed by the provider of air traffic services under paragraph 106.02(1)(a).

SOR/2005-173, s. 7;
SOR/2007-290, s. 2;
SOR/2014-131, s. 3.

Previous Version

SCHEDULE I(Subsection 103.06(4))

Notice of Refusal to Issue or Amend a Canadian Aviation Document

Pursuant to section 6.71 of the Aeronautics Act, the Minister of Transport has decided to refuse to issue or amend the Canadian aviation document identified below.

Canadian aviation document

The grounds for the Minister’s decision are set out in Appendix A.
If you wish a review of the Minister’s decision by the Transportation Appeal Tribunal of Canada, you must file a request in writing with the Tribunal on or before the date that is indicated above. Requests for review may be filed with the Transportation Appeal Tribunal of Canada, 333 Laurier Avenue West, Room 1201, Ottawa, Ontario K1A 0N5 (tel.: (613) 990-6906).
On receipt of your request, the Tribunal will set a time and place for a hearing into the Minister’s grounds for the decision to refuse to issue or amend the above-noted Canadian aviation document. You will be afforded a full opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the Minister’s grounds before the Tribunal makes its determination. The Tribunal has prepared a booklet entitled Guide for Applicants, which you may obtain from the Tribunal.
The particulars set out in this notice are also available in the other official language from the Transport Canada Regional Office indicated above.
For the Minister of Transport
Appendix A

□ Incompetence (par. 6.71(1)(a))
□ Qualifications or conditions necessary for issuance or amendment not met or fulfilled (par. 6.71(1)(b))
□ Public interest reasons for refusal (par. 6.71(1)(c))

Details of Minister’s grounds for the decision indicated above:

SOR/2004-131, s. 4;
SOR/2015-160, s. 2.

Previous Version

SCHEDULE II(Subsections 103.08(1) and (2))

Column I
Column II

Designated Provision
Maximum Amount of Penalty ($)

Individual
Corporation

PART I — GENERAL PROVISIONS

SUBPART 3 — ADMINISTRATION AND COMPLIANCE

Subsection 103.02(1)
5,000
25,000

Subsection 103.02(2)
5,000
25,000

Subsection 103.02(3)
5,000
25,000

Section 103.03
5,000
25,000

SUBPART 5 — AERIAL SIGHTSEEING FLIGHTS

Subsection 105.01(2)
1,000
5,000

SUBPART 6 — ACCOUNTABLE EXECUTIVE

Subsection 106.02(1)
5,000
25,000

Subsection 106.02(2)
5,000
25,000

SUBPART 7 — SAFETY MANAGEMENT SYSTEM REQUIREMENTS

Section 107.02
5,000
25,000

SUBPART 8 — [RESERVED]

SUBPART 9 — AIRCRAFT UNDER AN AGREEMENT FOR TRANSFER OF FUNCTIONS AND DUTIES IN ACCORDANCE WITH ARTICLE 83 BIS OF THE CONVENTION

Subsection 109.03(2)
1,000
5,000

Section 109.05
1,000
5,000

PART II — AIRCRAFT IDENTIFICATION AND REGISTRATION AND OPERATION OF A LEASED AIRCRAFT BY A NON-REGISTERED OWNER

SUBPART 1 — IDENTIFICATION OF AIRCRAFT AND OTHER AERONAUTICAL PRODUCTS

Subsection 201.01(1)
3,000
15,000

Subsection 201.01(2)
5,000
25,000

Subsection 201.01(7)
3,000
15,000

Section 201.02
3,000
15,000

Subsection 201.03(1)
5,000
25,000

Subsection 201.03(4)
3,000
15,000

Subsection 201.03(6)
3,000
15,000

Subsection 201.04(3)
3,000
15,000

Subsection 201.05(1)
5,000
25,000

Subsection 201.06(1)
5,000
25,000

Subsection 201.07(1)
5,000
25,000

Subsection 201.09(1)
5,000
25,000

Subsection 201.10(1)
3,000
15,000

Subsection 201.10(2)
3,000
15,000

Subsection 201.10(3)
3,000
15,000

Subsection 201.10(4)
3,000
15,000

Subsection 201.10(5)
5,000
25,000

Subsection 201.11(1)
5,000
25,000

Subsection 201.12(1)
5,000
25,000

Subsection 201.12(3)
5,000
25,000

Subsection 201.12(5)
5,000
25,000

SUBPART 2 — AIRCRAFT MARKING AND REGISTRATION

Subsection 202.01(1)
3,000
15,000

Subsection 202.01(4)
3,000
15,000

Subsection 202.03(3)
1,000
5,000

Subsection 202.03(4)
1,000
5,000

Subsection 202.04(1)
5,000
25,000

Subsection 202.05(2)
1,000
5,000

Subsection 202.06(2)
1,000
5,000

Subsection 202.07(1)
5,000
25,000

Subsection 202.13(2)
5,000
25,000

Subsection 202.14(3)
5,000
25,000

Section 202.26
1,000
5,000

Subsection 202.28(2)
1,000
5,000

Subsection 202.35(2)
1,000
5,000

Subsection 202.37(1)
3,000
15,000

Section 202.38
3,000
15,000

Subsection 202.42(1)
5,000
25,000

Subsection 202.43(2)
5,000
25,000

Subsection 202.46(2)
3,000
15,000

Subsection 202.46(3)
3,000
15,000

Section 202.51
1,000
5,000

Section 202.52
1,000
5,000

Subsection 202.58(1)
3,000
15,000

Section 202.61
3,000
15,000

Section 202.62
5,000
25,000

SUBPART 3 — OPERATION OF A LEASED AIRCRAFT BY A NON-REGISTERED OWNER

Subsection 203.03(1)
5,000
25,000

Subsection 203.03(4)
1,000
5,000

Subsection 203.03(5)
1,000
5,000

Subsection 203.04(1)
5,000
25,000

Subsection 203.04(2)
5,000
25,000

Subsection 203.06(1)
5,000
25,000

Subsection 203.06(2)
5,000
25,000

Subsection 203.07(1)
5,000
25,000

Subsection 203.07(2)
5,000
25,000

Subsection 203.09
1,000
5,000

PART III — AERODROMES AND AIRPORTS

SUBPART 1 — AERODROMES

Section 301.02
3,000
15,000

Subsection 301.03(3)
5,000
25,000

Subsection 301.04(1)
5,000
25,000

Subsection 301.04(2)
5,000
25,000

Subsection 301.04(4)
5,000
25,000

Subsection 301.04(5)
5,000
25,000

Subsection 301.04(6)
5,000
25,000

Subsection 301.04(7)
5,000
25,000

Section 301.05
3,000
15,000

Subsection 301.06(1)
5,000
25,000

Subsection 301.06(2)
5,000
25,000

Subsection 301.07(1)
5,000
25,000

Subsection 301.07(5)
5,000
25,000

Subsection 301.07(6)
5,000
25,000

Subsection 301.07(7)
3,000
15,000

Subsection 301.07(8)
3,000
15,000

Subsection 301.07(9)
5,000
25,000

Subsection 301.07(11) [Repealed, SOR/2009-268, s. 3]

SUBPART 2 — AIRPORTS

Subsection 302.07(1)
5,000
25,000

Subsection 302.07(2)
5,000
25,000

Subsection 302.07(3)
5,000
25,000

Subsection 302.08(1)
5,000
25,000

Subsection 302.08(5)
5,000
25,000

Section 302.09
5,000
25,000

Subsection 302.202(1)
5,000
25,000

Subsection 302.202(2)
1,000
5,000

Paragraph 302.202(3)(a)
3,000
15,000

Paragraph 302.202(3)(b)
1,000
5,000

Paragraph 302.202(4)(a)
3,000
15,000

Paragraph 302.202(4)(b)
3,000
15,000

Subsection 302.203(1)
5,000
25,000

Subsection 302.203(2)
3,000
15,000

Section 302.204
1,000
5,000

Section 302.205
1,000
5,000

Subsection 302.206(1)
1,000
5,000

Subsection 302.206(3)
1,000
5,000

Subsection 302.206(4)
1,000
5,000

Subsection 302.207(1)
5,000
25,000

Subsection 302.207(2)
5,000
25,000

Subsection 302.207(3)
1,000
5,000

Subsection 302.208(2)
3,000
15,000

Subsection 302.208(3)
1,000
5,000

Subsection 302.208(4)
1,000
5,000

Subsection 302.208(5)
1,000
5,000

Subsection 302.208(6)
1,000
5,000

Subsection 302.208(7)
1,000
5,000

Subsection 302.208(9)
1,000
5,000

Subsection 302.208(10)
1,000
5,000

Subsection 302.208(11)
1,000
5,000

Subsection 302.208(12)
1,000
5,000

Subsection 302.208(13)
1,000
5,000

Subsection 302.208(14)
1,000
5,000

Subsection 302.303(1)
1,000
5,000

Subsection 302.303(3)
1,000
5,000

Subsection 302.304(1)
3,000
15,000

Subsection 302.304(2)
3,000
15,000

Subsection 302.304(4)
3,000
15,000

Subsection 302.305(1)
3,000
15,000

Subsection 302.305(2)
3,000
15,000

Subsection 302.305(3)
1,000
5,000

Subsection 302.305(4)
3,000
15,000

Subsection 302.305(5)
1,000
5,000

Subsection 302.305(6)
3,000
15,000

Subsection 302.307(1)
3,000
15,000

Subsection 302.307(2)
1,000
5,000

Section 302.308
3,000
15,000

Subsection 302.503(2)
3,000
15,000

Subsection 302.503(3)
3,000
15,000

Section 302.504
5,000
25,000

SUBPART 3 — AIRCRAFT RESCUE AND FIRE FIGHTING AT AIRPORTS AND AERODROMES

Subsection 303.03(1)
5,000
25,000

Subsection 303.03(2)
5,000
25,000

Subsection 303.04(1)
5,000
25,000

Subsection 303.04(2)
5,000
25,000

Subsection 303.04(3)
5,000
25,000

Subsection 303.04(4)
5,000
25,000

Subsection 303.06(1)
3,000
15,000

Subsection 303.06(2)
3,000
15,000

Subsection 303.06(3)
3,000
15,000

Subsection 303.06(4)
3,000
15,000

Subsection 303.06(7)
3,000
15,000

Subsection 303.07(1)
5,000
25,000

Section 303.08
5,000
25,000

Section 303.09
5,000
25,000

Subsection 303.10(2)
5,000
25,000

Subsection 303.10(3)
3,000
15,000

Subsection 303.11(2)
5,000
25,000

Section 303.12
5,000
25,000

Section 303.13
5,000
25,000

Section 303.14
5,000
25,000

Section 303.15
5,000
25,000

Subsection 303.16(1)
5,000
25,000

Subsection 303.16(2)
5,000
25,000

Section 303.17
5,000
25,000

Subsection 303.18(1)
5,000
25,000

Subsection 303.18(2)
3,000
15,000

Subsection 303.18(3)
3,000
15,000

Subsection 303.18(5)
3,000
15,000

Subsection 303.18(6)
3,000
15,000

Subsection 303.18(7)
5,000
25,000

Section 303.19
5,000
25,000

Section 303.20(1)
5,000
25,000

Section 303.20(2)
5,000
25,000

SUBPART 4 — [RESERVED]

SUBPART 5 — HELIPORTS

Section 305.03
5,000
25,000

Section 305.05
1,000
5,000

Subsection 305.10(1)
5,000
25,000

Subsection 305.10(2)
3,000
15,000

Subsection 305.10(3)
5,000
25,000

Subsection 305.17(1)
3,000
15,000

Subsection 305.17(2)
3,000
15,000

Subsection 305.17(3)
3,000
15,000

Subsection 305.17(4)
3,000
15,000

Subsection 305.17(5)
3,000
15,000

Subsection 305.18(1)
3,000
15,000

Subsection 305.18(2)
3,000
15,000

Section 305.19
3,000
15,000

Section 305.20
3,000
15,000

Subsection 305.25(1)
5,000
25,000

Subsection 305.25(2)
5,000
25,000

Subsection 305.25(3)
5,000
25,000

Subsection 305.25(4)
5,000
25,000

Subsection 305.25(5)
5,000
25,000

Subsection 305.25(6)
5,000
25,000

Subsection 305.29(1)
5,000
25,000

Subsection 305.29(2)
5,000
25,000

Subsection 305.29(3)
5,000
25,000

Subsection 305.29(4)
5,000
25,000

Subsection 305.29(5)
5,000
25,000

Subsection 305.31(1)
3,000
15,000

Subsection 305.31(2)
3,000
15,000

Subsection 305.33(1)
3,000
15,000

Subsection 305.33(2)
5,000
25,000

Subsection 305.33(3)
5,000
25,000

Subsection 305.33(4)
5,000
25,000

Subsection 305.33(6)
5,000
25,000

Subsection 305.33(7)
5,000
25,000

Subsection 305.33(8)
5,000
25,000

Subsection 305.33(9)
5,000
25,000

Subsection 305.33(10)
5,000
25,000

Subsection 305.33(11)
5,000
25,000

Subsection 305.33(12)
5,000
25,000

Subsection 305.33(13)
5,000
25,000

Subsection 305.33(14)
5,000
25,000

Subsection 305.35(1)
3,000
15,000

Subsection 305.35(2)
3,000
15,000

Subsection 305.35(3)
3,000
15,000

Subsection 305.35(4)
3,000
15,000

Subsection 305.37(1)
5,000
25,000

Subsection 305.37(2)
5,000
25,000

Subsection 305.37(3)
5,000
25,000

Subsection 305.37(4)
5,000
25,000

Subsection 305.37(5)
5,000
25,000

Subsection 305.38(1)
3,000
15,000

Subsection 305.39(1)
3,000
15,000

Subsection 305.39(2)
3,000
15,000

Subsection 305.39(3)
3,000
15,000

Subsection 305.41(1)
3,000
15,000

Subsection 305.41(2)
3,000
15,000

Subsection 305.41(3)
3,000
15,000

Subsection 305.41(4)
3,000
15,000

Subsection 305.41(5)
5,000
25,000

Subsection 305.43(1)
5,000
25,000

Subsection 305.43(2)
5,000
25,000

Subsection 305.43(3)
5,000
25,000

Subsection 305.43(4)
5,000
25,000

Subsection 305.43(5)
5,000
25,000

Subsection 305.45(1)
3,000
15,000

Subsection 305.45(2)
1,000
5,000

Subsection 305.45(3)
1,000
5,000

Subsection 305.45(4)
1,000
5,000

Subsection 305.45(5)
1,000
5,000

Subsection 305.45(6)
1,000
5,000

Subsection 305.45(7)
1,000
5,000

Subsection 305.45(8)
1,000
5,000

Subsection 305.46(1)
5,000
25,000

Subsection 305.46(2)
5,000
25,000

Section 305.47
5,000
25,000

Section 305.48
5,000
25,000

Section 305.49
3,000
15,000

Subsection 305.53(2)
1,000
5,000

Subsection 305.53(3)
1,000
5,000

Subsection 305.54(1)
1,000
5,000

Subsection 305.54(2)
1,000
5,000

Subsection 305.54(3)
1,000
5,000

Section 305.55
1,000
5,000

Section 305.56
1,000
5,000

Section 305.57
1,000
5,000

SUBPART 8 [Repealed, SOR/2006-86, s. 1]

PART IV — PERSONNEL LICENCING AND TRAINING

Subsection 400.05(1)
3,000
15,000

Section 400.07
1,000
5,000

SUBPART 1 — FLIGHT CREW PERMITS, LICENCES AND RATINGS

Subsection 401.03(1)
5,000
25,000

Section 401.04
5,000
25,000

Subsection 401.05(1)
3,000
15,000

Subsection 401.05(2)
3,000
15,000

Subsection 401.05(3)
3,000
15,000

Subsection 401.05(4)
3,000
15,000

Subsection 401.05(6)
3,000
15,000

Subsection 401.08(3)
5,000
25,000

Subsection 401.11(1)
5,000
25,000

Subsection 401.15(1)
3,000
15,000

Subsection 401.28(1)
5,000
15,000

Subsection 401.30(3)
5,000
25,000

Subsection 401.31(3)
5,000
25,000

Section 401.62
3,000
15,000

Subsection 401.63(1)
3,000
15,000

Subsection 401.63(2)
3,000
15,000

Section 401.64
1,000
5,000

SUBPART 2 — AIR TRAFFIC CONTROLLER LICENCES AND RATINGS

Subsection 402.04(1)
5,000
25,000

Section 402.05
5,000
25,000

Section 402.16
3,000
15,000

SUBPART 3 — AIRCRAFT MAINTENANCE ENGINEER LICENCES AND RATINGS

Subsection 403.02(1)
5,000
25,000

Subsection 403.05(1)
3,000
15,000

Subsection 403.05(2)
3,000
15,000

Subsection 403.08(1)
5,000
25,000

SUBPART 4 — MEDICAL REQUIREMENTS

Subsection 404.03(1)
5,000
25,000

SUBPART 5 — FLIGHT TRAINING

Section 405.11
3,000
15,000

Section 405.13
1,000
5,000

Subsection 405.21(1)
5,000
25,000

Section 405.22
3,000
15,000

Section 405.23
3,000
15,000

Section 405.24
3,000
15,000

Section 405.31
1,000
5,000

Section 405.32
1,000
5,000

Subsection 405.33(1)
1,000
5,000

Subsection 405.33(2)
1,000
5,000

Subsection 405.33(3)
1,000
5,000

SUBPART 6 — FLIGHT TRAINING UNITS

Subsection 406.03(1)
5,000
25,000

Subsection 406.03(3)
1,000
5,000

Subsection 406.05(1)
3,000
15,000

Subsection 406.05(2)
3,000
15,000

Section 406.14
3,000
15,000

Subsection 406.19(1)
5,000
25,000

Subsection 406.19(5)
5,000
25,000

Subsection 406.21(1)
3,000
15,000

Subsection 406.21(2)
3,000
15,000

Section 406.22
5,000
25,000

Section 406.22.1
3,000
15,000

Section 406.22.2
3,000
15,000

Section 406.22.3
3,000
15,000

Section 406.23
5,000
25,000

Section 406.24
3,000
15,000

Section 406.25
3,000
15,000

Section 406.26
3,000
15,000

Section 406.31
5,000
25,000

Section 406.32
3,000
15,000

Section 406.33
5,000
25,000

Section 406.34
3,000
15,000

Section 406.35
5,000
25,000

Subsection 406.36(1)
3,000
15,000

Section 406.37
5,000
25,000

Subsection 406.38(1)
5,000
25,000

Subsection 406.39(1)
5,000
25,000

Subsection 406.39(2)
3,000
15,000

Section 406.40
5,000
25,000

Section 406.41
5,000
25,000

Section 406.42
3,000
15,000

Section 406.43
3,000
15,000

Section 406.44
3,000
15,000

Section 406.45
3,000
15,000

Subsection 406.46(1)
3,000
15,000

Subsection 406.46(2)
1,000
5,000

Subsection 406.47(1)
5,000
25,000

Subsection 406.47(2) [Repealed, SOR/2005-173, s. 3]

Subsection 406.47(3)
5,000
25,000

Section 406.50
3,000
15,000

Subsection 406.51(1)
3,000
15,000

Subsection 406.51(2)
3,000
15,000

Section 406.52
3,000
15,000

Section 406.53
5,000
25,000

Section 406.54
3,000
15,000

Section 406.55
1,000
5,000

Section 406.56
3,000
15,000

Section 406.57
3,000
15,000

Subsection 406.58(1)
5,000
25,000

Subsection 406.58(2)
3,000
15,000

Subsection 406.61(1)
3,000
15,000

Subsection 406.61(3)
3,000
15,000

Subsection 406.61(4)
3,000
15,000

Subsection 406.61(6)
3,000
15,000

Subsection 406.61(7)
1,000
5,000

Subsection 406.61(9)
1,000
5,000

Subsection 406.61(10)
1,000
5,000

Subsection 406.62(1)
3,000
15,000

Subsection 406.62(3)
3,000
15,000

Subsection 406.62(4)
3,000
15,000

Subsection 406.63(1)
1,000
5,000

Subsection 406.63(2)
1,000
5,000

Section 406.64
1,000
5,000

Subsection 406.71(2)
3,000
15,000

Section 406.76
1,000
5,000

PART V — AIRWORTHINESS

SUBPART 1 — ANNUAL AIRWORTHINESS INFORMATION REPORT

Subsection 501.01(1)
1,000
5,000

Section 501.02
1,000
5,000

Section 501.03
1,000
5,000

SUBPART 9 — EXPORT AIRWORTHINESS CERTIFICATES

Section 509.05
3,000
15,000

SUBPARTS 11 AND 13 [Repealed, SOR/2009-280, s. 3]

SUBPART 21 — APPROVAL OF THE TYPE DESIGN OR A CHANGE TO THE TYPE DESIGN OF AN AERONAUTICAL PRODUCT

Section 521.353
3,000
15,000

Section 521.354
3,000
15,000

Subsection 521.355(1)
3,000
15,000

Subsection 521.355(2)
3,000
15,000

Section 521.356
5,000
25,000

Section 521.365
3,000
15,000

Subsection 521.366(1)
3,000
15,000

Subsection 521.366(2)
3,000
15,000

Subsection 521.367(1)
3,000
15,000

Subsection 521.367(2)
3,000
15,000

Subsection 521.367(3)
1,000
5,000

Section 521.368
3,000
15,000

Subsection 521.369(2)
3,000
15,000

Subsection 521.369(6)
5,000
25,000

Subsection 521.401(1)
3,000
15,000

Subsection 521.402(1)
3,000
15,000

Subsection 521.402(3)
3,000
15,000

SUBPART 61 — MANUFACTURE OF AERONAUTICAL PRODUCTS

Subsection 561.04(1)
3,000
15,000

Subsection 561.04(5)
5,000
25,000

Subsection 561.04(7)
1,000
5,000

Section 561.05
5,000
25,000

Subsection 561.07(1)
5,000
25,000

Subsection 561.07(2)
5,000
25,000

Subsection 561.07(3)
5,000
25,000

Subsection 561.07(5)
3,000
15,000

Subsection 561.07(7)
5,000
25,000

Subsection 561.07(8)
1,000
5,000

Subsection 561.07(10)
3,000
15,000

Subsection 561.08(1)
3,000
15,000

Subsection 561.08(3)
3,000
15,000

Subsection 561.09(1)
3,000
15,000

Subsection 561.09(2)
3,000
15,000

Subsection 561.09(3)
3,000
15,000

Subsection 561.10(1)
5,000
25,000

Subsection 561.10(2)
5,000
25,000

Section 561.11
3,000
15,000

Subsection 561.12(1)
5,000
25,000

Subsection 561.12(3)
1,000
5,000

Subsection 561.13(1)
5,000
25,000

Subsection 561.13(3)
5,000
25,000

Subsection 561.14(1)
3,000
15,000

Subsection 561.14(2)
3,000
15,000

Section 561.15
3,000
15,000

Section 561.16
1,000
5,000

SUBPART 71 — AIRCRAFT MAINTENANCE REQUIREMENTS

Subsection 571.02(1)
5,000
25,000

Subsection 571.02(2)
3,000
15,000

Subsection 571.02(3)
5,000
25,000

Section 571.03
5,000
25,000

Section 571.04
3,000
15,000

Section 571.05
3,000
15,000

Subsection 571.06(1)
5,000
25,000

Subsection 571.06(2)
3,000
15,000

Subsection 571.06(3)
3,000
15,000

Subsection 571.06(5)
5,000
25,000

Subsection 571.07(1)
5,000
25,000

Subsection 571.08(1)
5,000
25,000

Subsection 571.08(2)
3,000
15,000

Subsection 571.09(1)
5,000
25,000

Subsection 571.09(2)
5,000
25,000

Subsection 571.10(1)
5,000
25,000

Subsection 571.10(5)
5,000
25,000

Subsection 571.11(1)
5,000
25,000

Subsection 571.11(3)
5,000
25,000

Subsection 571.11(4)
5,000
25,000

Subsection 571.11(6)
3,000
15,000

Section 571.12
1,000
5,000

Section 571.13(1)
5,000
25,000

SUBPART 73 — APPROVED MAINTENANCE ORGANIZATIONS

Subsection 573.03(1)
5,000
25,000

Subsection 573.03(2) [Repealed, SOR/2005-173, s. 4]

Subsection 573.03(3) [Repealed, SOR/2005-357, s. 2]

Subsection 573.03(6)
5,000
25,000

Subsection 573.03(7)
5,000
25,000

Subsection 573.05(1)
5,000
25,000

Subsection 573.05(2)
5,000
25,000

Subsection 573.06(1)
3,000
15,000

Subsection 573.07(1)
5,000
25,000

Subsection 573.07(2)
1,000
5,000

Subsection 573.08(1)
5,000
25,000

Subsection 573.08(2)
3,000
15,000

Subsection 573.08(3)
3,000
15,000

Subsection 573.08(4)
5,000
25,000

Section 573.09(1)
5,000
25,000

Subsection 573.10(1)
5,000
25,000

Subsection 573.10(3)
1,000
5,000

Subsection 573.10(5)
5,000
25,000

Subsection 573.10(6)
5,000
25,000

Subsection 573.10(7)
3,000
15,000

Subsection 573.10(8)
1,000
5,000

Subsection 573.11(1)
5,000
25,000

Subsection 573.11(4)
5,000
25,000

Section 573.12
3,000
15,000

Subsection 573.14(1)
5,000
25,000

Subsection 573.14(2)
5,000
25,000

Section 573.15
1,000
5,000

SUBPART 91 [Repealed, SOR/2009-280, s. 4]

PART VI — GENERAL OPERATING AND FLIGHT RULES

SUBPART 1 — AIRSPACE

Subsection 601.04(2)
3,000
15,000

Subsection 601.05(1)
3,000
15,000

Subsection 601.06(1)
1,000
5,000

Subsection 601.07(1)
3,000
15,000

Subsection 601.07(3)
3,000
15,000

Subsection 601.08(1)
3,000
15,000

Subsection 601.09(1)
1,000
5,000

Section 601.15
1,000
5,000

Subsection 601.22(1)
5,000
25,000

Subsection 601.24(1)
1,000
5,000

Paragraph 601.24(2)(a)
5,000
25,000

Paragraph 601.24(2)(b)
5,000
25,000

Paragraph 601.25(2)(a)
3,000
15,000

Paragraph 601.25(2)(b)
1,000
5,000

Section 601.26
5,000
25,000

Section 601.28
3,000
15,000

Section 601.29
3,000
15,000

SUBPART 2 — OPERATING AND FLIGHT RULES

Section 602.01
5,000
25,000

Section 602.02
5,000
25,000

Section 602.03
5,000
25,000

Subsection 602.04(3)
5,000
25,000

Subsection 602.04(4)
5,000
25,000

Subsection 602.05(2)
3,000
15,000

Section 602.07
3,000
15,000

Subsection 602.08(1)
3,000
15,000

Section 602.09
5,000
25,000

Subsection 602.10(1)
3,000
15,000

Subsection 602.10(2)
3,000
15,000

Subsection 602.11(2)
5,000
25,000

Subsection 602.11(4)
5,000
25,000

Subsection 602.11(5)
5,000
25,000

Subsection 602.11(6)
5,000
25,000

Subsection 602.11(7)
1,000
5,000

Section 602.12(2)
3,000
15,000

Section 602.12(3)
3,000
15,000

Subsection 602.13(1)
3,000
15,000

Subsection 602.14(2)
3,000
15,000

Subsection 602.16(1)
3,000
15,000

Subsection 602.16(2)
3,000
15,000

Section 602.17
3,000
15,000

Subsection 602.18(1)
3,000
15,000

Subsection 602.18(2)
3,000
15,000

Subsection 602.19(1)
5,000
25,000

Subsection 602.19(2)
3,000
15,000

Subsection 602.19(3)
3,000
15,000

Subsection 602.19(4)
3,000
15,000

Subsection 602.19(5)
3,000
15,000

Subsection 602.19(6)
3,000
15,000

Subsection 602.19(7)
3,000
15,000

Subsection 602.19(8)
3,000
15,000

Subsection 602.19(9)
3,000
15,000

Subsection 602.19(10)
5,000
25,000

Subsection 602.20(1)
3,000
15,000

Subsection 602.20(2)
3,000
15,000

Subsection 602.20(3)
3,000
15,000

Section 602.21
5,000
25,000

Section 602.22
3,000
15,000

Section 602.23
5,000
25,000

Section 602.24
3,000
15,000

Subsection 602.25(2)
3,000
15,000

Section 602.26
3,000
15,000

Section 602.27
3,000
15,000

Section 602.28
3,000
15,000

Subsection 602.29(1)
3,000
15,000

Section 602.30
5,000
25,000

Subsection 602.31(1)
3,000
15,000

Subsection 602.31(4)
3,000
15,000

Paragraph 602.32(1)(a)
3,000
15,000

Paragraph 602.32(1)(b)
3,000
15,000

Section 602.33
3,000
15,000

Subsection 602.34(2)
3,000
15,000

Section 602.35
3,000
15,000

Subsection 602.36(1)
3,000
15,000

Subsection 602.36(2)
3,000
15,000

Section 602.37
3,000
15,000

Section 602.38
3,000
15,000

Section 602.39
3,000
15,000

Subsection 602.40(1)
3,000
15,000

Section 602.41
5,000
25,000

Section 602.42
5,000
25,000

Section 602.43
5,000
25,000

Section 602.46
3,000
15,000

Section 602.58
3,000
15,000

Subsection 602.59(1)
3,000
15,000

Subsection 602.60(1)
3,000
15,000

Subsection 602.60(4)
3,000
15,000

Subsection 602.61(1)
3,000
15,000

Subsection 602.62(1)
3,000
15,000

Subsection 602.62(2)
3,000
15,000

Subsection 602.62(3)
3,000
15,000

Subsection 602.63(1)
3,000
15,000

Subsection 602.63(2)
3,000
15,000

Subsection 602.63(4)
3,000
15,000

Subsection 602.63(5)
3,000
15,000

Subsection 602.63(7)
5,000
25,000

Subsection 602.64(1)
3,000
15,000

Subsection 602.64(2)
3,000
15,000

Subsection 602.64(3)
3,000

Subsection 602.66(1)
3,000
15,000

Subsection 602.66(2)
3,000
15,000

Subsection 602.66(3)
3,000
15,000

Section 602.71
3,000
15,000

Section 602.72
3,000
15,000

Subsection 602.73(1)
3,000
15,000

Subsection 602.73(2)
1,000
5,000

Subsection 602.73(4)
1,000
5,000

Subsection 602.76(2)
3,000
15,000

Subsection 602.76(4)
1,000
5,000

Subsection 602.77(1)
1,000
5,000

Subsection 602.77(2)
1,000
5,000

Subsection 602.86(1)
3,000
15,000

Subsection 602.86(2)
3,000
15,000

Section 602.87
3,000
15,000

Subsection 602.88(2)
5,000
25,000

Subsection 602.89(1)
3,000
15,000

Subsection 602.89(2)
3,000
15,000

Subsection 602.89(3)
3,000
15,000

Subsection 602.96(2)
3,000
15,000

Subsection 602.96(3)
3,000
15,000

Subsection 602.96(4)
3,000
15,000

Subsection 602.96(6)
5,000
25,000

Subsection 602.97(1)
3,000
15,000

Subsection 602.97(2)
3,000
15,000

Subsection 602.98(1)
3,000
15,000

Subsection 602.98(2)
3,000
15,000

Section 602.99
3,000
15,000

Section 602.100
3,000
15,000

Section 602.101
1,000
5,000

Section 602.102
3,000
15,000

Section 602.103
3,000
15,000

Subsection 602.104(2)
3,000
15,000

Section 602.105
5,000
25,000

Subsection 602.106(1)
5,000
25,000

Section 602.114
5,000
25,000

Section 602.115
5,000
25,000

Subsection 602.121(1)
3,000
15,000

Subsection 602.121(2)
3,000
15,000

Section 602.122
1,000
5,000

Section 602.123
1,000
5,000

Subsection 602.124(1)
3,000
15,000

Subsection 602.124(2)
3,000
15,000

Subsection 602.125(1)
1,000
5,000

Subsection 602.126(1)
5,000
25,000

Subsection 602.127(1)
3,000
15,000

Subsection 602.127(2)
3,000
15,000

Subsection 602.128(1)
5,000
25,000

Subsection 602.128(2)
5,000
25,000

Subsection 602.128(3)
5,000
25,000

Subsection 602.128(4)
5,000
25,000

Subsection 602.129(4)
3,000
15,000

Subsection 602.129(5)
3,000
15,000

Subsection 602.130(2)
3,000
15,000

Subsection 602.134(2)
5,000
25,000

Subsection 602.134(3)
5,000
25,000

Subsection 602.134(4)
5,000
25,000

Subsection 602.134(5)
5,000
25,000

Section 602.135
5,000
25,000

Section 602.136
3,000
15,000

Subsection 602.137(1)
3,000
15,000

Subsection 602.137(2)
3,000
15,000

Section 602.138
3,000
15,000

Section 602.143
3,000
15,000

Subsection 602.144(1)
5,000
25,000

Subsection 602.144(3)
5,000
25,000

Subsection 602.144(4)
3,000
15,000

Subsection 602.145(3)
3,000
15,000

Subsection 602.145(4)
3,000
15,000

Subsection 602.145(5)
3,000
15,000

Subsection 602.146(2)
5,000
15,000

Subsection 602.150(1)
5,000
25,000

Section 602.152 [Repealed, SOR/2010-304, s. 1]

Subsection 602.153(1) [Repealed, SOR/2010-304, s. 1]

Section 602.156 [Repealed, SOR/2010-304, s. 1]

Subsections 602.157(1) and (2) [Repealed, SOR/2010-304, s. 1]

Section 602.162 [Repealed, SOR/2010-304, s. 1]

SUBPART 3 — SPECIAL FLIGHT OPERATIONS

Section 603.01
3,000
15,000

Section 603.05
3,000
15,000

Section 603.06
3,000
15,000

Section 603.07
3,000
15,000

Section 603.08
5,000
15,000

Section 603.09
3,000
25,000

Section 603.17
3,000
15,000

Section 603.21
3,000
15,000

Section 603.22
1,000
5,000

Section 603.23
1,000
5,000

Subsection 603.24(1)
3,000
15,000

Subsection 603.24(2)
1,000
5,000

Section 603.25
5,000
25,000

Section 603.66
3,000
15,000

SUBPART 4 — PRIVATE OPERATORS

Section 604.03
5,000
25,000

Section 604.06
1,000
5,000

Section 604.07
1,000
5,000

Section 604.08
3,000
15,000

Subsection 604.09(1)
1,000
5,000

Subsection 604.25(1)
3,000
15,000

Subsection 604.25(4)
1,000
5,000

Subsection 604.26(1)
1,000
5,000

Subsection 604.26(2)
1,000
5,000

Section 604.27
1,000
5,000

Section 604.28
3,000
15,000

Subsection 604.36(1)
1,000
5,000

Subsection 604.36(2)
1,000
5,000

Subsection 604.38(1)
1,000
5,000

Subsection 604.38(2)
1,000
5,000

Subsection 604.38(3)
1,000
5,000

Subsection 604.47(1)
3,000
15,000

Section 604.50
3,000
15,000

Section 604.51
3,000
15,000

Section 604.52
3,000
15,000

Section 604.53
3,000
15,000

Section 604.54
3,000
15,000

Subsection 604.55(1)
3,000
15,000

Subsection 604.55(2)
3,000
15,000

Subsection 604.55(4)
3,000
15,000

Section 604.56
3,000
15,000

Section 604.57
3,000
15,000

Section 604.58
3,000
15,000

Section 604.59
3,000
15,000

Section 604.60
3,000
15,000

Subsection 604.74(2)
3,000
15,000

Subsection 604.81(1) [Repealed, SOR/2015-127, s. 2]

Subsection 604.82(1)
3,000
15,000

Subsection 604.82(2)
1,000
5,000

Subsection 604.82(3)
1,000
5,000

Subsection 604.82(4)
1,000
5,000

Subsection 604.83(1)
3,000
15,000

Subsection 604.83(2)
3,000
15,000

Subsection 604.85(1)
1,000
5,000

Subsection 604.85(4)
1,000
5,000

Subsection 604.85(7)
1,000
5,000

Subsection 604.86(1)
1,000
5,000

Subsection 604.86(2)
1,000
5,000

Subsection 604.98(1)
3,000
15,000

Subsection 604.99(1)
3,000
15,000

Subsection 604.99(2)
3,000
15,000

Subsection 604.99(3)
3,000
15,000

Section 604.104
3,000
15,000

Section 604.105
3,000
15,000

Subsection 604.106(1)
3,000
15,000

Subsection 604.106(3)
1,000
5,000

Subsection 604.106(4)
1,000
5,000

Subsection 604.106(5)
1,000
5,000

Subsection 604.116(1)
1,000
5,000

Subsection 604.116(2)
3,000
15,000

Subsection 604.117(1)
1,000
5,000

Subsection 604.117(2)
1,000
5,000

Subsection 604.118(1)
3,000
15,000

Section 604.119
3,000
15,000

Section 604.127
3,000
15,000

Subsection 604.128(1)
3,000
15,000

Subsection 604.128(2)
3,000
15,000

Subsection 604.128(3)
1,000
5,000

Section 604.129
5,000
25,000

Section 604.130
3,000
15,000

Section 604.131
5,000
25,000

Subsection 604.132(1)
3,000
15,000

Subsection 604.132(2)
1,000
5,000

Subsection 604.141(1)
5,000
25,000

Subsection 604.141(2)
3,000
15,000

Subsection 604.142(1)
1,000
5,000

Subsection 604.142(2)
3,000
15,000

Subsection 604.143(1)
5,000
25,000

Subsection 604.143(2)
1,000
5,000

Subsection 604.144(1)
3,000
15,000

Subsection 604.144(2)
3,000
15,000

Section 604.145
5,000
25,000

Subsection 604.146(1)
1,000
5,000

Subsection 604.146(2)
1,000
5,000

Section 604.147
1,000
5,000

Section 604.148
1,000
5,000

Subsection 604.149(1)
1,000
5,000

Subsection 604.149(2)
1,000
5,000

Subsection 604.149(3)
1,000
5,000

Subsection 604.166(1)
3,000
15,000

Subsection 604.166(2)
3,000
15,000

Section 604.167
5,000
25,000

Section 604.168
1,000
5,000

Section 604.174
3,000
15,000

Subsection 604.197(1)
5,000
25,000

Subsection 604.197(2)
1,000
5,000

Subsection 604.198(1)
3,000
15,000

Subsection 604.198(2)
1,000
5,000

Section 604.202
5,000
25,000

Subsection 604.204(1)
3,000
15,000

Subsection 604.204(2)
3,000
15,000

Section 604.205
3,000
15,000

Subsection 604.206(5)
3,000
15,000

Subsection 604.207(5)
3,000
15,000

Section 604.208
3,000
15,000

Subsection 604.221(1)
3,000
15,000

Section 604.222
1,000
5,000

Subsection 604.223(1)
1,000
5,000

Subsection 604.223(2)
1,000
5,000

Subsection 604.223(3)
1,000
5,000

Subsection 604.224(1)
1,000
5,000

Subsection 604.224(3)
1,000
5,000

Subsection 604.240(1)
1,000
5,000

Paragraph 604.240(5)(a)
1,000
5,000

Paragraph 604.240(5)(b)
1,000
5,000

Section 604.241
1,000
5,000

Section 604.242
1,000
5,000

SUBPART 5 — AIRCRAFT REQUIREMENTS

Subsection 605.03(1)
5,000
25,000

Subsection 605.04(1)
1,000
5,000

Section 605.05
1,000
5,000

Section 605.06
5,000
25,000

Subsection 605.08(1)
5,000
25,000

Subsection 605.09(1)
3,000
15,000

Subsection 605.10(1)
5,000
25,000

Subsection 605.10(2)
3,000
15,000

Section 605.14
3,000
15,000

Subsection 605.15(1)
3,000
15,000

Subsection 605.16(1)
3,000
15,000

Subsection 605.16(3)
3,000
15,000

Subsection 605.16(4)
5,000
25,000

Subsection 605.17(1)
1,000
5,000

Section 605.18
5,000
25,000

Section 605.19
3,000
15,000

Section 605.20
3,000
15,000

Section 605.21
3,000
15,000

Subsection 605.22(1)
3,000
15,000

Subsection 605.24(1)
3,000
15,000

Subsection 605.24(2)
3,000
15,000

Subsection 605.24(3)
3,000
15,000

Subsection 605.24(4)
3,000
15,000

Subsection 605.24(5)
3,000
15,000

Subsection 605.25(1)
3,000
15,000

Subsection 605.25(3)
3,000
15,000

Subsection 605.25(4)
3,000
15,000

Subsection 605.25(5)
3,000
15,000

Subsection 605.27(1)
3,000
15,000

Subsection 605.27(3)
3,000
15,000

Subsection 605.28(1)
3,000
15,000

Section 605.29
5,000
25,000

Section 605.30
5,000
25,000

Subsection 605.31(1)
3,000
15,000

Subsection 605.31(2)
3,000
15,000

Subsection 605.32(1)
3,000
15,000

Subsection 605.32(3)
3,000
5,000

Subsection 605.33(1)
5,000
25,000

Subsection 605.33(2)
5,000
25,000

Subsection 605.34(1)
5,000
25,000

Subsection 605.35(1)
3,000
15,000

Subsection 605.36(1)
5,000
25,000

Subsection 605.37(1)
5,000
25,000

Subsection 605.38(1)
3,000
15,000

Subsection 605.40(3)
1,000
5,000

Subsection 605.41(1)
3,000
15,000

Subsection 605.41(2)
3,000
15,000

Subsection 605.41(3)
3,000
15,000

Subsection 605.41(4)
3,000
15,000

Subsection 605.42(1)
5,000
25,000

Subsection 605.84(1)
5,000
25,000

Subsection 605.85(1)
5,000
25,000

Subsection 605.85(3)
1,000
5,000

Subsection 605.86(1)
5,000
25,000

Subsection 605.88(1)
5,000
25,000

Subsection 605.92(1)
5,000
25,000

Subsection 605.93(1)
1,000
5,000

Subsection 605.93(2)
1,000
5,000

Subsection 605.93(3)
1,000
5,000

Subsection 605.93(4)
1,000
5,000

Subsection 605.93(5)
1,000
5,000

Subsection 605.94(1)
3,000
15,000

Subsection 605.94(2)
1,000
5,000

Subsection 605.94(3)
3,000
15,000

Subsection 605.94(4)
3,000
15,000

Subsection 605.95(1)
1,000
5,000

Subsection 605.96(1)
3,000
15,000

Subsection 605.96(2)
3,000
15,000

Subsection 605.96(4)
3,000
15,000

Section 605.97
3,000
15,000

SUBPART 6 — MISCELLANEOUS

Section 606.01
5,000
25,000

Subsection 606.02(2)
5,000
25,000

Subsection 606.02(4)
5,000
25,000

Subsection 606.02(5)
5,000
25,000

Subsection 606.02(6)
5,000
25,000

Subsection 606.02(8)
5,000
25,000

Subsection 606.02(9)
1,000
5,000

Subsection 606.03(1)
5,000
25,000

PART VII — COMMERCIAL AIR SERVICES

Subsection 700.02(1)
5,000
25,000

Subsection 700.02(2)
5,000
25,000

Subsection 700.03(1)
5,000
25,000

Subsection 700.05(1)
5,000
25,000

Subsection 700.05(2)
5,000
25,000

Section 700.06
5,000
25,000

Section 700.07
5,000
25,000

Section 700.08
3,000
15,000

Subsection 700.09(1)
5,000
25,000

Subsection 700.09(3)
5,000
25,000

Subsection 700.10(3)
3,000
15,000

Subsection 700.10(4)
3,000
15,000

Section 700.11
3,000
15,000

Subsection 700.14(1)
5,000
25,000

Subsection 700.15(1)
5,000
25,000

Subsection 700.15(3)
5,000
25,000

Subsection 700.16(1)
5,000
25,000

Subsection 700.16(2)
5,000
25,000

Subsection 700.16(3)
3,000
15,000

Subsection 700.16(4)
5,000
25,000

Subsection 700.19(1)
3,000
15,000

Subsection 700.19(3)
1,000
5,000

Section 700.20
3,000
15,000

Subsection 700.21(1)
3,000
15,000

Subsection 700.21(2)
3,000
15,000

SUBPART 1 — FOREIGN AIR OPERATIONS

Subsection 701.02(1)
5,000
25,000

Subsection 701.03(1)
5,000
25,000

Subsection 701.03(2)
5,000
25,000

Subsection 701.16(1)
3,000
15,000

Subsection 701.17(1)
5,000
25,000

Section 701.18
3,000
15,000

Subsection 701.22(1)
5,000
25,000

Subsection 701.23(1)
3,000
15,000

Subsection 701.23(2)
3,000
15,000

Section 701.24
3,000
15,000

Subsection 701.25(2)
5,000
25,000

Subsection 701.25(4)
5,000
25,000

Subsection 701.25(7)
5,000
25,000

Subsection 701.25(8)
5,000
25,000

Subsection 701.29(1)
5,000
25,000

Subsection 701.30(1)
5,000
25,000

Subsection 701.30(4)
1,000
5,000

Subsection 701.30(5)
5,000
25,000

SUBPART 2 — AERIAL WORK

Section 702.02
5,000
25,000

Subsection 702.11(1)
3,000
15,000

Subsection 702.11(2)
3,000
15,000

Section 702.12
5,000
25,000

Section 702.13
3,000
15,000

Section 702.14
3,000
15,000

Section 702.15
5,000
25,000

Section 702.16
3,000
15,000

Subsection 702.18(1)
3,000
15,000

Subsection 702.18(3)
5,000
25,000

Section 702.20
5,000
25,000

Section 702.21(1)
5,000
25,000

Section 702.23
3,000
15,000

Section 702.24
5,000
25,000

Subsection 702.42(1)
3,000
15,000

Subsection 702.42(2)
3,000
15,000

Section 702.43
5,000
25,000

Section 702.44
3,000
15,000

Section 702.45
3,000
15,000

Subsection 702.46(1)
3,000
15,000

Subsection 702.46(2)
3,000
15,000

Section 702.64
3,000
15,000

Section 702.65
5,000
25,000

Subsection 702.76(1)
3,000
15,000

Subsection 702.76(3)
1,000
5,000

Subsection 702.77(1)
3,000
15,000

Subsection 702.77(2)
3,000
15,000

Subsection 702.77(3)
1,000
5,000

Subsection 702.81(1)
3,000
15,000

Subsection 702.81(2)
3,000
15,000

Subsection 702.81(3)
3,000
15,000

Subsection 702.83(1)
3,000
15,000

Subsection 702.83(3)
1,000
5,000

Subsection 702.84(1)
3,000
15,000

Subsection 702.84(2)
1,000
5,000

SUBPART 3 — AIR TAXI OPERATIONS

Section 703.02
5,000
25,000

Subsection 703.14(1)
3,000
15,000

Subsection 703.14(2)
3,000
15,000

Subsection 703.15(1)
3,000
15,000

Section 703.16
3,000
15,000

Section 703.17
3,000
15,000

Subsection 703.18(1)
3,000
15,000

Subsection 703.18(2)
1,000
5,000

Subsection 703.18(3)
3,000
15,000

Section 703.19
5,000
25,000

Section 703.20
5,000
25,000

Subsection 703.21(1)
3,000
15,000

Subsection 703.21(2)
3,000
15,000

Subsection 703.22(1)
5,000
25,000

Section 703.23
5,000
25,000

Section 703.24
5,000
25,000

Section 703.25
3,000
15,000

Section 703.26
1,000
5,000

Section 703.27
5,000
25,000

Section 703.29
3,000
15,000

Subsection 703.30(1)
3,000
15,000

Section 703.32
5,000
25,000

Section 703.33
3,000
15,000

Section 703.34
3,000
15,000

Section 703.35 [Repealed, SOR/2006-199, s. 4]

Subsection 703.37(1)
5,000
25,000

Subsection 703.37(2)
5,000
25,000

Subsection 703.37(3)
1,000
5,000

Subsection 703.38(1)
1,000
5,000

Subsection 703.38(2)
5,000
25,000

Subsection 703.38(3)
1,000
5,000

Subsection 703.39(1)
3,000
15,000

Subsection 703.39(2)
1,000
5,000

Subsection 703.39(3)
1,000
5,000

Subsection 703.39(4)
3,000
15,000

Subsection 703.39(5)
3,000
15,000

Section 703.40
3,000
15,000

Subsection 703.41(2)
3,000
15,000

Subsection 703.41(3)
3,000
15,000

Subsection 703.41(4)
3,000
15,000

Subsection 703.64(1)
5,000
25,000

Subsection 703.64(2)
3,000
15,000

Section 703.65
3,000
15,000

Section 703.66
5,000
25,000

Subsection 703.67(1)
5,000
25,000

Section 703.68
3,000
15,000

Section 703.69
3,000
15,000

Subsection 703.70(1)
3,000
15,000

Subsection 703.70(2)
3,000
15,000

Subsection 703.71(1)
5,000
25,000

Section 703.82
1,000
5,000

Section 703.86
5,000
25,000

Section 703.87
3,000
15,000

Subsection 703.88(1)
5,000
25,000

Subsection 703.88(3)
5,000
25,000

Subsection 703.88(4)
3,000
15,000

Subsection 703.89(1)
3,000
15,000

Subsection 703.89(2)
3,000
15,000

Subsection 703.98(1)
3,000
15,000

Subsection 703.98(3)
1,000
5,000

Subsection 703.99(1)
3,000
15,000

Subsection 703.99(2)
3,000
15,000

Subsection 703.99(3)
1,000
5,000

Subsection 703.104(1)
3,000
15,000

Subsection 703.104(2)
3,000
15,000

Subsection 703.104(3)
3,000
15,000

Subsection 703.106(1)
3,000
15,000

Subsection 703.106(3)
1,000
5,000

Subsection 703.107(1)
3,000
15,000

Subsection 703.107(2)
1,000
5,000

SUBPART 4 — COMMUTER OPERATIONS

Section 704.02
5,000
25,000

Subsection 704.12(1)
3,000
15,000

Subsection 704.12(2)
3,000
15,000

Section 704.13
3,000
15,000

Subsection 704.14(1)
3,000
15,000

Section 704.15
5,000
25,000

Section 704.16
3,000
15,000

Subsection 704.17(1)
3,000
15,000

Subsection 704.17(2)
3,000
15,000

Subsection 704.17(3)
1,000
5,000

Section 704.18
5,000
25,000

Subsection 704.19(1)
3,000
15,000

Subsection 704.19(2)
3,000
15,000

Section 704.20
5,000
25,000

Subsection 704.21(1)
3,000
15,000

Subsection 704.21(2)
3,000
15,000

Section 704.22
1,000
5,000

Section 704.23
5,000
25,000

Section 704.25
3,000
15,000

Subsection 704.26(1)
3,000
15,000

Section 704.28
3,000
15,000

Section 704.29
3,000
15,000

Subsections 704.30(1) and (2) [Repealed, SOR/2006-199, s. 6]

Subsection 704.32(1)
5,000
25,000

Subsection 704.32(2)
5,000
25,000

Subsection 704.32(3)
1,000
5,000

Subsection 704.33(1)
1,000
5,000

Subsection 704.33(3)
3,000
15,000

Subsection 704.33(4)
5,000
25,000

Subsection 704.33(5)
1,000
5,000

Subsection 704.34(1)
1,000
5,000

Subsection 704.34(2)
1,000
5,000

Subsection 704.34(3)
3,000
15,000

Subsection 704.34(4)
3,000
15,000

Section 704.35
3,000
15,000

Subsection 704.36(1)
3,000
15,000

Subsection 704.36(2)
3,000
15,000

Subsection 704.37(2)
3,000
15,000

Subsection 704.37(3)
3,000
15,000

Subsection 704.37(4)
3,000
15,000

Subsection 704.46(1)
5,000
25,000

Subsection 704.47(1)
5,000
25,000

Section 704.48
5,000
25,000

Subsection 704.49(1)
5,000
25,000

Subsection 704.50(1)
5,000
25,000

Subsection 704.62(1)
3,000
15,000

Subsection 704.62(3)
3,000
15,000

Subsection 704.63(1)
5,000
25,000

Subsection 704.63(2)
3,000
15,000

Section 704.64
3,000
15,000

Section 704.65
5,000
25,000

Subsection 704.66(1)
5,000
25,000

Section 704.67
3,000
15,000

Section 704.68
3,000
15,000

Subsection 704.70(1)
3,000
15,000

Subsection 704.70(2)
3,000
15,000

Subsection 704.70(3)
3,000
15,000

Subsection 704.71(1)
5,000
25,000

Subsection 704.71(2)
5,000
25,000

Section 704.83
3,000
15,000

Section 704.84
1,000
5,000

Section 704.106
5,000
25,000

Section 704.107
3,000
15,000

Subsection 704.108(1)
5,000
25,000

Subsection 704.108(3)
3,000
15,000

Subsection 704.108(4)
3,000
15,000

Subsection 704.108(5)
5,000
25,000

Subsection 704.109(1)
5,000
25,000

Subsection 704.109(2)
3,000
15,000

Subsection 704.115(1)
3,000
15,000

Subsection 704.115(3)
1,000
5,000

Subsection 704.117(1)
5,000
25,000

Subsection 704.117(2)
3,000
15,000

Subsection 704.117(3)
1,000
5,000

Subsection 704.120(1)
5,000
25,000

Subsection 704.120(2)
3,000
15,000

Subsection 704.120(3)
3,000
15,000

Subsection 704.122(1)
3,000
15,000

Subsection 704.122(3)
1,000
5,000

Subsection 704.123(3)
1,000
5,000

Subsection 704.124(1)
5,000
25,000

Subsection 704.124(2)
1,000
5,000

SUBPART 5 — AIRLINE OPERATIONS

Section 705.02
5,000
25,000

Subsection 705.16(3)
3,000
15,000

Subsection 705.17(1)
3,000
15,000

Subsection 705.17(2)
3,000
15,000

Section 705.18
3,000
15,000

Subsection 705.19(1)
3,000
15,000

Section 705.20
5,000
25,000

Section 705.21
3,000
15,000

Subsection 705.22(1)
3,000
15,000

Subsection 705.22(2)
3,000
15,000

Subsection 705.22(3)
1,000
5,000

Section 705.23
5,000
25,000

Subsection 705.24(1)
3,000
15,000

Subsection 705.24(2)
3,000
15,000

Subsection 705.25(1)
5,000
25,000

Subsection 705.26(1)
3,000
15,000

Subsection 705.27(1)
3,000
15,000

Subsection 705.27(2)
3,000
15,000

Subsection 705.27(3)
5,000
25,000

Subsection 705.27(4)
5,000
25,000

Subsection 705.27(5)
3,000
15,000

Section 705.28
3,000
15,000

Subsection 705.29(1)
1,000
5,000

Section 705.30
1,000
5,000

Section 705.31
1,000
5,000

Section 705.32
5,000
25,000

Section 705.33
3,000
15,000

Subsection 705.34(1)
3,000
15,000

Section 705.36
3,000
15,000

Section 705.37
3,000
15,000

Subsections 705.38(1) and (2) [Repealed, SOR/2006-199, s. 8]

Subsection 705.39(1)
5,000
25,000

Subsection 705.39(2)
5,000
25,000

Subsection 705.39(3)
1,000
5,000

Subsection 705.40(1)
1,000
5,000

Subsection 705.40(3)
5,000
25,000

Subsection 705.40(4)
1,000
5,000

Subsection 705.41(1)
3,000
15,000

Subsection 705.41(3)
3,000
15,000

Subsection 705.42(1)
5,000
25,000

Subsection 705.42(2)
5,000
25,000

Subsection 705.42(6)
1,000
5,000

Subsection 705.43(1)
3,000
15,000

Subsection 705.43(2)
3,000
15,000

Subsection 705.43(3)
1,000
5,000

Subsection 705.43(4)
3,000
15,000

Subsection 705.43(5)
3,000
15,000

Section 705.44
3,000
15,000

Subsection 705.45(1)
5,000
25,000

Subsection 705.45(3)
5,000
25,000

Subsection 705.47(1)
3,000
15,000

Subsection 705.47(2)
3,000
15,000

Subsection 705.48(2)
3,000
15,000

Subsection 705.48(3)
3,000
15,000

Subsection 705.48(4)
3,000
15,000

Subsection 705.56(1)
5,000
25,000

Subsection 705.57(1)
5,000
25,000

Subsection 705.58(1)
5,000
25,000

Subsection 705.59(1)
5,000
25,000

Subsection 705.60(1)
5,000
25,000

Subsection 705.61(1)
5,000
25,000

Section 705.67
5,000
25,000

Section 705.68
3,000
15,000

Subsection 705.69(1)
5,000
25,000

Subsection 705.69(2)
3,000
15,000

Section 705.70
3,000
15,000

Subsection 705.71(1)
5,000
25,000

Section 705.72
3,000
15,000

Section 705.73
3,000
15,000

Section 705.74
3,000
15,000

Section 705.75
3,000
15,000

Section 705.76
5,000
25,000

Section 705.77
5,000
25,000

Section 705.78
5,000
25,000

Section 705.79
3,000
15,000

Subsection 705.80(1)
5,000
25,000

Subsection 705.80(4)
1,000
5,000

Subsection 705.80(5)
5,000
25,000

Section 705.81
5,000
25,000

Subsection 705.83(1)
3,000
15,000

Subsection 705.83(2)
3,000
15,000

Subsection 705.83(3)
3,000
15,000

Subsection 705.84(1)
5,000
25,000

Section 705.89
1,000
5,000

Subsection 705.90(1)
1,000
5,000

Section 705.91
1,000
5,000

Section 705.92
1,000
5,000

Subsection 705.93(1)
3,000
15,000

Section 705.94
3,000
15,000

Section 705.95
3,000
15,000

Section 705.96
1,000
5,000

Section 705.97
1,000
5,000

Section 705.103
3,000
15,000

Subsections 705.104(1) and (2) [Repealed, SOR/2015-127, s. 7]

Section 705.105 [Repealed, SOR/2015-127, s. 7]

Subsection 705.106(1)
5,000
25,000

Subsection 705.106(4)
1,000
5,000

Subsection 705.107(1)
5,000
25,000

Section 705.108
5,000
25,000

Subsection 705.109(1)
5,000
25,000

Subsection 705.110(1)
5,000
25,000

Subsection 705.110(2)
1,000
5,000

Section 705.111
3,000
15,000

Subsection 705.124(1)
3,000
15,000

Subsection 705.124(3)
1,000
5,000

Subsection 705.127(1)
5,000
25,000

Subsection 705.127(2)
5,000
25,000

Subsection 705.127(3)
1,000
5,000

Subsection 705.134(1)
5,000
25,000

Subsection 705.134(2)
3,000
15,000

Subsection 705.134(3)
3,000
15,000

Subsection 705.136(1)
3,000
15,000

Subsection 705.136(3)
1,000
5,000

Subsection 705.137(3)
3,000
15,000

Subsection 705.137(5)
1,000
5,000

Subsection 705.138(1)
5,000
25,000

Subsection 705.138(2)
3,000
15,000

Subsection 705.138(3)
1,000
5,000

Subsection 705.139(1)
5,000
25,000

Subsection 705.139(4)
3,000
15,000

Subsection 705.139(5)
1,000
5,000

Subsection 705.172(1)
1,000
5,000

Subsection 705.172(2)
1,000
5,000

Section 705.173
1,000
5,000

Subsection 705.174(1)
1,000
5,000

Subsection 705.174(2)
1,000
5,000

Subsection 705.174(4)
1,000
5,000

Subsection 705.174(5)
1,000
5,000

Subsection 705.201(1)
3,000
15,000

Subsection 705.201(4)
1,000
5,000

Subsection 705.202(1)
1,000
5,000

Section 705.203
1,000
5,000

Subsection 705.204(1)
1,000
5,000

Subsection 705.204(2)
1,000
5,000

Subsection 705.204(3)
1,000
5,000

Subsection 705.204(4)
1,000
5,000

Subsection 705.205(1)
1,000
5,000

Subsection 705.220(1)
1,000
5,000

Subsection 705.220(2)
1,000
5,000

Subsection 705.220(3)
1,000
5,000

Subsection 705.220(4)
1,000
5,000

Subsection 705.221(2)
1,000
5,000

Subsection 705.222(1)
1,000
5,000

Paragraph 705.222(5)(a)
1,000
5,000

Paragraph 705.222(5)(b)
1,000
5,000

Subsection 705.223(1)
1,000
5,000

Subsection 705.224(1)
3,000
15,000

Subsection 705.224(2)
3,000
15,000

Section 705.225
1,000
5,000

Section 705.226
1,000
5,000

SUBPART 6 — AIRCRAFT MAINTENANCE REQUIREMENTS FOR AIR OPERATORS

Section 706.02
5,000
25,000

Subsection 706.03(1)
5,000
25,000

Section 706.04
5,000
25,000

Section 706.05
5,000
25,000

Subsection 706.06(1)
5,000
25,000

Subsection 706.07(1)
5,000
25,000

Subsection 706.07(2) [Repealed, SOR/2005-173, s. 6]

Subsection 706.08(1)
5,000
25,000

Subsection 706.08(3)
5,000
25,000

Subsection 706.08(4)
5,000
25,000

Subsection 706.08(5)
5,000
25,000

Subsection 706.08(6)
3,000
15,000

Subsection 706.08(7)
1,000
5,000

Subsection 706.09(1)
5,000
25,000

Subsection 706.09(2)
3,000
15,000

Subsection 706.09(4)
3,000
15,000

Section 706.10
3,000
15,000

Section 706.11
3,000
15,000

Section 706.12
3,000
15,000

Subsection 706.13(1)
3,000
15,000

Subsection 706.13(2)
1,000
5,000

Section 706.14
3,000
15,000

Section 706.15
3,000
15,000

PART VIII — AIR NAVIGATION SERVICES

SUBPART 1 — AIR TRAFFIC SERVICES

Subsection 801.01(1)
5,000
25,000

Subsection 801.01(2)
3,000
15,000

Section 801.03
5,000
25,000

Section 801.08
5,000
25,000

Subsection 801.09(1)
5,000
25,000

Subsection 801.09(3)
3,000
15,000

Section 801.10
5,000
25,000

SUBPART 2 — AERONAUTICAL TELECOMMUNICATIONS

Subsection 802.02(1)
5,000
25,000

Subsection 802.02(2)
5,000
25,000

Subsection 802.02(3)
5,000
25,000

Subsection 802.02(4)
5,000
25,000

SUBPART 3 — AERONAUTICAL INFORMATION SERVICES

Subsection 803.01(2)
5,000
25,000

Section 803.02
5,000
25,000

SUBPART 4 — AVIATION WEATHER SERVICES

Subsection 804.01(1)
5,000
25,000

Subsection 804.23(1)
3,000
15,000

Subsection 804.23(2)
3,000
15,000

Section 804.24
1,000
5,000

Subsection 804.25(1)
3,000
15,000

Subsection 804.25(2)
3,000
15,000

SUBPART 5 — SAFETY MANAGEMENT PROGRAM

Subsection 805.03(2)
3,000
15,000

Subsection 805.03(3)
3,000
15,000

Section 805.04
5,000
25,000

SUBPART 6 — LEVELS OF SERVICE

Subsection 806.02(1)
5,000
25,000

Subsection 806.02(3)
5,000
25,000

SUBPART 7 — AVIATION OCCURRENCES

Section 807.01
5,000
25,000

SOR/98-529, s. 1;
SOR/2004-131, s. 5;
SOR/2005-129, s. 1;
SOR/2005-173, ss 3 to 6;
SOR/2005-341, s. 1;
SOR/2005-348, s. 2;
SOR/2005-354, s. 1;
SOR/2005-357, ss. 1, 2, 3(E);
SOR/2006-77, ss. 2, 3;
SOR/2006-85, s. 1;
SOR/2006-86, s. 1;
SOR/2006-199, ss. 2 to 10;
SOR/2006-352, ss. 1 to 3;
SOR/2007-87, ss. 2, 3;
SOR/2007-133, ss. 2 to 5;
SOR/2007-262, s. 1;
SOR/2007-290, s. 3;
SOR/2009-90, ss. 1, 2;
SOR/2009-152, s. 1;
SOR/2009-268, ss. 1 to 15;
SOR/2009-280, ss. 2 to 4;
SOR/2010-26, s. 1;
SOR/2010-219, s. 1;
SOR/2010-304, s. 1;
SOR/2011-285, s. 2;
SOR/2012-136, ss. 2 to 6;
SOR/2014-131, s. 2;
SOR/2015-84, s. 2;
SOR/2015-127, ss. 2, 3, 6 to 8;
SOR/2015-160, s. 3.

Previous Version
Subpart 4 — Charges

General

104.01 Subject to section 104.03, the charge imposed in respect of the issuance, renewal, amendment or endorsement or, in the case of a medical certificate, the processing, on or after January 1, 1998 of a document referred to in column I of an item of Schedules I to VII to this Subpart is the charge set out in column II of the item.
SOR/97-542, s. 1.

104.02 As provided by paragraph 4.4(2)(b) of the Act, if a document referred to in column I of an item of Schedules I to VII to this Subpart is not issued, renewed, amended or endorsed but action preparatory thereto has been carried out, the charge calculated in accordance with section 104.01, 104.03 or 104.04 is payable.
SOR/97-542, s. 1.

Aeronautical Product Approvals

104.03 (1) Subject to subsection (2), the charge imposed in respect of the issuance, renewal, amendment or endorsement on or after January 1, 1998 of a document referred to in column I of items 1, 3, 4, 5, 7 and 8 of Schedule V, Aeronautical Product Approvals, to this Subpart is the amount calculated on the basis of $40 per hour for each technical specialist assigned to the processing of the application, which amount shall not exceed the charge set out in column II of the item.
(2) If, at the request of the applicant, an application is processed by technical specialists who would not otherwise be available under Department of Transport policy to process the application and who are dedicated on an exclusive, priority basis to the application, the charge imposed in respect of the issuance, renewal, amendment or endorsement on or after January 1, 1998 of a document referred to in column I of items 1, 3, 4, 5, 7 and 8 of Schedule V, Aeronautical Product Approvals, to this Subpart is the amount calculated on the basis of $120 per hour for each technical specialist assigned to the processing of the application.

SOR/97-542, s. 1.

Processing of Applications outside Canada

104.04 (1) In addition to a charge referred to in section 104.01 to 104.03, when an employee of the Department of Transport must travel outside Canada to process an application for the issuance, renewal, amendment or endorsement of a document, the following expenses that relate to the processing of the application are payable:

(a) transportation, lodging, meal and incidental expenses, as calculated in accordance with the rates set out in the Treasury Board Manual — Personnel Management Component, Employee Services, Chapter 1.1, unless, in respect of transportation and lodging, there is an agreement between the applicant and the Minister that the applicant provide transportation and lodging in lieu of payment; and
(b) overtime expenses, as calculated in accordance with the appropriate collective agreement, for performing the service or travelling to perform the service on weekdays, when the total duty time for the day exceeds 7.5 hours, and on Saturdays, Sundays and Canadian statutory holidays.

(2) The Minister shall, on request by an applicant, provide an estimate of the expenses referred to in subsection (1).

SOR/97-542, s. 1.

Payment

104.05 Subject to section 104.06, a charge imposed under this Subpart is payable in Canadian dollars at the time the service is commenced.
SOR/97-542, s. 1.

104.06 A charge is payable in Canadian dollars within 30 days after the date indicated on each invoice presented by the Minister for the service, in the case of a charge imposed in respect of

(a) the processing of medical certificates referred to in item 21 of Schedule IV to this Subpart;
(b) aeronautical product approvals referred to in section 104.03; and
(c) the expenses referred to in section 104.04 in respect of the processing of applications outside Canada.

SOR/97-542, s. 1;
SOR/2011-284, s. 1.

Previous Version

Transitional Provisions

104.07 (1) Subject to subsection (2), in the case of a service that was commenced but not completed before January 1, 1998, the charge imposed in respect of the issuance, renewal, amendment or endorsement or, in the case of a medical certificate, the processing of a document referred to in column I of an item of Schedules I to VII to this Subpart is the lesser of

(a) the charge payable under these Regulations, as they read immediately before January 1, 1998, and
(b) the charge set out in column II of the item.

(2) In the case of a service that was commenced but not completed before January 1, 1998, the charge imposed in respect of the issuance, renewal, amendment or endorsement of a document referred to in column I of items 1, 3, 4, 5, 7 and 8 of Schedule V, Aeronautical Product Approvals, to this Subpart is the greater of

(a) the charge payable under these Regulations, as they read immediately before January 1, 1998, and
(b) the amount calculated on the basis of $40 per hour starting January 1, 1998 for each technical specialist assigned to the processing of the application, which amount shall not exceed the charge set out in column II of the item.

SOR/97-542, s. 1.

SCHEDULE I(Sections 104.01 and 104.02 and subsection 104.07(1))

General

Item
Column I
Column II

Document or Preparatory Action in Respect of Which a Charge Is Imposed
Charge ($)

1
Issuance of a ministerial exemption under subsection 5.9(2) of the Aeronautics Act

475

2
Replacement of a mutilated, lost or destroyed Canadian aviation document

35

3
Issuance, in response to a request by industry, of an evaluation or authorization of industry training products

690

4
Provision of a response to a request by the public for aircraft history

55

SOR/97-542, s. 1.

SCHEDULE II(Sections 104.01 and 104.02 and subsection 104.07(1))

Aircraft Registration

Item
Column I
Column II

Document or Preparatory Action in Respect of Which a Charge Is Imposed
Charge ($)

1
Reservation of a registration mark

45

2
Issuance or reservation of a special registration mark

140

3
Issuance of a certificate of registration, in respect of

(a) a provisional or temporary registration
65

(b) a continuing registration
110

(c) an amendment to a certificate, other than a change of address
65

SOR/97-542, s. 1.

SCHEDULE III(Sections 104.01 and 104.02 and subsection 104.07(1))

Aircraft Leasing

Item
Column I
Column II

Document or Preparatory Action in Respect of Which a Charge Is Imposed
Charge ($)

1
Issuance of an authorization permitting the operation of an aircraft as part of a leasing operation, to

(a) a Canadian air operator that leases a Canadian commercial aircraft from another Canadian air operator (CAR 203.02(1)(a))
520

(b) a foreign air operator that leases a Canadian commercial aircraft from a Canadian air operator or Canadian aircraft manufacturer (CAR 203.02(1)(b) and (d))
1,200

(c) a Canadian air operator that leases an aircraft that is registered in a foreign state (CAR 203.02(1)(c))
995

SOR/97-542, s. 1.

SCHEDULE IV(Sections 104.01 and 104.02 and subsection 104.07(1))

Personnel Licensing and Training

Item
Column I
Column II

Document or Preparatory Action in Respect of Which a Charge Is Imposed
Charge ($)

1
Conduct, by an employee of the Department of Transport, of the writing or rewriting of an examination for a flight crew licence

105

2
Conduct, by a person other than an employee of the Department of Transport, of the writing or rewriting of an examination for a flight crew licence

65

3
Conduct of the writing or rewriting of a supplementary examination for a flight crew licence

35

4
Conduct of the writing or rewriting of an examination for a flight crew permit, rating or endorsement, or for recency requirements

35

5
Conduct, by an employee of the Department of Transport, of a flight test required under Part IV, VI or VII, including the endorsement of a rating

200

6
Issuance of

(a) a private pilot licence — aeroplane or a private pilot licence — helicopter
55

(b) a pilot licence — balloon or a pilot licence — glider
55

(c) a pilot permit — ultra-light aeroplane or a pilot permit — gyroplan
55

(d) a pilot permit — recreational
55

7
Issuance of

(a) a commercial pilot licence
80

(b) an airline transport pilot licence
100

8
Issuance of a flight engineer licence

80

9
Issuance of an air traffic controller licence

75

10
Conduct, by an employee of the Department of Transport, of the writing or rewriting of each technical examination for the issuance of an aircraft maintenance engineer licence

50

11
Conduct, by an employee of the Department of Transport, of the writing or rewriting of the Transport Canada regulatory requirements examination for the issuance of an aircraft maintenance engineer licence

100

12
Issuance of an aircraft maintenance engineer licence

115

13
Renewal of an aircraft maintenance engineer licence

40

14
Issuance of a foreign licence validation certificate (CAR 401.07)

45

15
Endorsement of a flight crew licence or permit with a rating, other than an endorsement referred to in item 5

30

16
Endorsement of an aircraft maintenance engineer licence with an additional rating

30

17
Issuance of a temporary licence, permit or medical certificate at the request of the applicant or holder

40

18
Issuance of an extension to the validity period of an instrument rating, a flight instructor rating or a medical certificate

50

19
Issuance of an approved training organization certificate to an organization providing aircraft maintenance engineer training (CAR 403.08)

1000

20
Approval of an aircraft maintenance engineer training course

(a) that is an additional course that will form part of the training to be provided under an approved training organization certificate
400

(b) that is to be given on a one-time basis
400

21
Processing, by an employee of the Department of Transport, of a medical certificate in respect of a pilot licence or a pilot permit other than a student pilot permit

55

22
Conduct, by an employee of the Department of Transport, of a practical test (CAR 404.05)

200

23
Issuance of a flight training unit operator certificate

600

24
Reinstatement of a suspended flight training unit operator certificate or operations specification

75

25
Approval of an amendment to a flight training unit operator certificate or to an operations specification

75

SOR/97-542, s. 1;
SOR/2000-252, s. 1;
SOR/2004-214, s. 1.

SCHEDULE V(Sections 104.01 to 104.03 and 104.07)

Aeronautical Product Approvals

Item
Column I
Column II

Document or Preparatory Action in Respect of Which a Charge Is Imposed
Charge ($)

1
Issuance of a type certificate for aeronautical products that are the responsibility of the Department of Transport, in respect of

(a) transport category aeroplanes
504,680

(b) transport category rotorcraft
196,560

(c) very light aeroplanes
91,730

(d) gliders and powered gliders
16,350

(e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders
131,040

(f) rotorcraft other than transport category rotorcraft
131,040

(g) manned free balloons
17,365

(h) airships
22,930

(i) engines — turbine
347,255

(j) engines — reciprocating
277,805

(k) propellers
7,860

2
Issuance of a type certificate following a Level 1 type design examination of aeronautical products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of

(a) transport category aeroplanes
2,455

(b) transport category rotorcraft
2,455

(c) very light aeroplanes
2,455

(d) gliders and powered gliders
2,455

(e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders
2,455

(f) rotorcraft other than transport category rotorcraft
2,455

(g) manned free balloons
1,500

(h) airships
1,500

(i) engines — turbine
2,455

(j) engines — reciprocating
2,455

(k) propellers
750

3
Issuance of a type certificate following a Level 2 type design examination of aeronautical products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of

(a) transport category aeroplanes
185,160

(b) transport category rotorcraft
144,000

(c) very light aeroplanes
33,665

(d) gliders and powered gliders
6,000

(e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders
90,000

(f) rotorcraft other than transport category rotorcraft
90,000

(g) manned free balloons
6,372

(h) airships
8,416

(i) engines — turbine
19,800

(j) engines — reciprocating
15,840

(k) propellers
4,500

4
Issuance of a type certificate following a Level 3 type design examination of aeronautical products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of

(a) transport category aeroplanes
231,450

(b) transport category rotorcraft
180,000

(c) very light aeroplanes
42,082

(d) gliders and powered gliders
7,500

(e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders
112,500

(f) rotorcraft other than transport category rotorcraft
112,500

(g) manned free balloons
7,965

(h) airships
10,520

(i) engines — turbine
24,750

(j) engines — reciprocating
19,800

(k) propellers
4,500

5
Issuance of an amended type certificate to add derivative products that are the responsibility of the Department of Transport, in respect of

(a) transport category aeroplanes
307,945

(b) transport category rotorcraft
119,980

(c) very light aeroplanes
55,990

(d) gliders and powered gliders
9,980

(e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders
79,985

(f) rotorcraft other than transport category rotorcraft
79,985

(g) manned free balloons
10,600

(h) airships
13,995

(i) engines — turbine
42,590

(j) engines — reciprocating
34,070

(k) propellers
4,800

6
Issuance of an amended type certificate following a Level 1 type design examination to add derivative products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of

(a) transport category aeroplanes
2,455

(b) transport category rotorcraft
2,455

(c) very light aeroplanes
2,455

(d) gliders and powered gliders
2,455

(e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders
2,455

(f) rotorcraft other than transport category rotorcraft
2,455

(g) manned free balloons
1,500

(h) airships
1,500

(i) engines — turbine
2,455

(j) engines — reciprocating
2,455

(k) propellers
750

7
Issuance of an amended type certificate following a Level 2 type design examination to add derivative products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of

(a) transport category aeroplanes
113,020

(b) transport category rotorcraft
87,896

(c) very light aeroplanes
20,549

(d) gliders and powered gliders
3,662

(e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders
54,935

(f) rotorcraft other than transport category rotorcraft
54,935

(g) manned free balloons
3,890

(h) airships
5,137

(i) engines — turbine
12,086

(j) engines — reciprocating
9,669

(k) propellers
4,500

8
Issuance of an amended type certificate following a Level 3 type design examination to add derivative products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of

(a) transport category aeroplanes
141,275

(b) transport category rotorcraft
109,870

(c) very light aeroplanes
25,686

(d) gliders and powered gliders
4,578

(e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders
68,669

(f) rotorcraft other than transport category rotorcraft
68,669

(g) manned free balloons
4,862

(h) airships
6,422

(i) engines — turbine
15,107

(j) engines — reciprocating
12,086

(k) propellers
4,500

9
Issuance of a Canadian Technical Standard Order (CAN–TSO) design approval for an appliance or part

700

10
Issuance of an amended Canadian Technical Standard Order (CAN–TSO) design approval for an appliance or part

200

11
Issuance of the following design approval documents to record a repair, a replacement part or a change to the type design for which the design was approved by an employee of the Department of Transport:

(a) a supplemental type certificate
1,900

(b) a supplemental type certificate (single product serial number)
470

(c) a supplemental type certificate (several product serial numbers)
600

(d) a part design approval
1,900

(e) a repair design approval (repair design)
470

(f) a repair design approval (repair process)
600

12
Issuance of the following design approval documents to record a repair or a change to the type design for which the design was approved by a delegate of the Department of Transport:

(a) a supplemental type certificate (single product serial number)
220

(b) a supplemental type certificate (several product serial numbers)
220

(c) a repair design approval
220

13
Issuance of the following amended design approval documents associated with a repair, a replacement part or a change to the type design for which the design was initially approved by an employee of the Department of Transport:

(a) a supplemental type certificate
200

(b) a part design approval
200

(c) a repair design approval
200

14
Issuance of the following amended design approval documents associated with a repair or a change to the type design for which the design was initially approved by a delegate of the Department of Transport:

(a) a supplemental type certificate
180

(b) a repair design approval
180

SOR/97-542, s. 1;
SOR/2009-280, ss. 5 to 17.

Previous Version

SCHEDULE VI(Sections 104.01 and 104.02 and subsection 104.07(1))

Maintenance and Manufacturing

Item
Column I
Column II

Document or Preparatory Action in Respect of Which a Charge Is Imposed
Charge ($)

1
Issuance of the following flight authorities by an employee of the Department of Transport:

(a) a certificate of airworthiness for an aircraft in the transport category, other than a certificate issued on importation of the aircraft
180

(b) a certificate of airworthiness for an aircraft not in the transport category, other than a certificate issued on importation of the aircraft
125

(c) a certificate of airworthiness for an aircraft in the transport category, issued on importation of the aircraft
1,260

(d) a certificate of airworthiness for an aircraft not in the transport category, issued on importation of the aircraft
590

2
Issuance of a special certificate of airworthiness

250

3
Reinstatement of a suspended certificate of airworthiness

410

4
Issuance of a flight permit in the following classifications:

(a) experimental
285

(b) specific-purpose
45

5
Validation of a flight authority, in respect of

(a) a foreign aircraft, other than a foreign amateur-built aircraft, operating in Canada
100

(b) a foreign amateur-built aircraft operating in Canada
25

6
Approval of an amendment to the operations specifications set out in the flight authority in respect of an amateur-built aircraft

35

7
Issuance of an export airworthiness certificate by an employee of the Department of Transport, in respect of

(a) transport category aeroplanes and transport category rotorcraft
2,500

(b) very light aeroplanes, airships and aeroplanes and rotorcraft other than transport category aeroplanes and transport category rotorcraft
400

(c) gliders, powered gliders and manned free balloons
200

8
Issuance of a certificate of approval for a maintenance, manufacturing or distributing organization, in respect of organizations with the following number of technical employees (employees who are carrying out maintenance-, manufacturing- or distribution-related activities):

(a) three employees or fewer
300

(b) more than three but fewer than 11 employees
1,200

(c) more than 10 but fewer than 51 employees
4,920

(d) 51 or more employees
6,090

9
Reinstatement of a suspended certificate of approval for a maintenance, manufacturing or distributing organization, in respect of organizations with the following number of technical employees:

(a) three employees or fewer
150

(b) more than three but fewer than 11 employees
600

(c) more than 10 but fewer than 51 employees
2,460

(d) 51 or more employees
3,000

10
Approval of an aircraft maintenance schedule, in respect of

(a) a large aircraft, a turbine- powered pressurized aircraft, a turbine-powered helicopter or an airship
1,400

(b) any other aircraft
180

11
Approval of an amendment to the tasks or intervals set out in an aircraft maintenance schedule other than an amendment requested by an employee of the Department of Transport

100

12
Issuance of a restricted certification authority

250

13
Issuance of a letter of initial acceptance to European Joint Aviation Requirements (JAR-145) maintenance organizations

1,200

14
Issuance of a letter of renewal to European Joint Aviation Requirements (JAR-145) maintenance organizations

800

15
Inspection, by an employee of the Department of Transport, of an amateur-built aircraft during construction

230

SOR/97-542, s. 1.

SCHEDULE VII(Sections 104.01 and 104.02 and subsection 104.07(1))

Air Operations

Item
Column I
Column II

Document or Preparatory Action in Respect of Which a Charge Is Imposed
Charge ($)

Special Flight Operations

1
Issuance of a special flight operations certificate, in respect of

(a) a special aviation event with 10,000 or fewer spectators
50

(b) a special aviation event with more than 10,000 spectators and 50,000 or fewer spectators
100

(c) a special aviation event with more than 50,000 spectators
200

(d) balloon operations with fare-paying passengers
475

2
Issuance of a statement of aerobatic competency (Standard 623.06)

125

Private Operators

3 to 7
[Repealed, SOR/2005-341, s. 2]

Commercial Air Services

8
Issuance of an air operator certificate, in respect of

(a) aerial work (CAR 702)
2,500

(b) air taxi operations — VFR (CAR 703)
2,700

(c) air taxi operations — IFR (CAR 703)
4,700

(d) commuter operations (CAR 704)
8,000

(e) airline operations — turbine-powered aircraft having 50 or more passenger seats (CAR 705)
30,000

(f) other airline operations (CAR 705)
20,000

9
Issuance of a Canadian foreign air operator certificate (CAR 701)

500

10
Issuance of an amendment to an air operator certificate, other than an amendment to remove an authority, in respect of

(a) an air operator certificate — aerial work
450

(b) the introduction of a new aircraft type — aerial work
500

(c) an air operator certificate — air taxi operations — VFR
450

(d) the introduction of a new aircraft type — air taxi operations — VFR
525

(e) an air operator certificate — air taxi operations — IFR
450

(f) the introduction of a new aircraft type — air taxi operations — IFR
525

(g) an air operator certificate — commuter operations
775

(h) the introduction of a new aircraft type — commuter operations
900

(i) an air operator certificate or operations specifications — airline operations — turbine-powered aircraft having 50 or more passenger seats
1,000

(j) an air operator certificate or operations specifications — other airline operations
1,000

(k) the introduction of a new aircraft type — airline operations — turbine-powered aircraft having 50 or more passenger seats
20,000

(l) the introduction of a new aircraft type — other airline operations
12,000

11
Issuance of an amendment to a Canadian foreign air operator certificate

100

12
Issuance of an amendment to the operations specifications in a Canadian foreign air operator certificate, other than to remove an authority

125

13
Reinstatement of a suspended air operator certificate or of operations specifications, other than in the case of a voluntary surrender of the certificate, in respect of

(a) aerial work
450

(b) air taxi operations — VFR
450

(c) air taxi operations — IFR
450

(d) commuter operations
800

(e) airline operations — turbine — powered aircraft having 50 or more passenger seats
800

(f) other airline operations
800

14
Issuance of an amendment to an air operator certificate or a Canadian foreign air operator certificate or to operations specifications to remove an authority

50

15
Reinstatement of a Canadian foreign air operator certificate or of operations specifications, other than in the case of a voluntary surrender of the certificate

75

16
Issuance of a ministerial authorization under Part VII, other than under section 701.10

325

17
Reinstatement of an air operator certificate or Canadian foreign air operator certificate that was voluntarily surrendered

50

18
Printing of a copy of an air operator certificate for a non-holder of the certificate

50

SOR/97-542, s. 1;
SOR/2004-29, s. 1;
SOR/2005-341, s. 2.

Subpart 5 — Aerial Sightseeing Flights

105.01 (1) In this section, aerial sightseeing flight means a flight carried out as part of a sightseeing operation or any other commercial flight in an aircraft conducted for the purpose of sightseeing from the air.
(2) No person shall conduct an aerial sightseeing flight, or any portion of an aerial sightseeing flight, in the control zone of the Québec/Jean Lesage International Airport unless the flight commences at that airport.

SOR/98-20, s. 1.

Subpart 6 — Accountable Executive

Application

106.01 This Subpart applies in respect of the following certificates:

(a) an airport certificate issued under section 302.03;
(b) a flight training unit operator certificate issued under section 406.11;
(c) a manufacturer certificate issued under section 561.03;
(d) an approved maintenance organization (AMO) certificate issued under section 573.02;
(e) an air operator certificate issued under section 702.07, 703.07, 704.07 or 705.07; and
(f) an ATS operations certificate issued under section 801.05.

SOR/2005-173, s. 8;
SOR/2005-348, s. 3;
SOR/2007-290, s. 4.

Previous Version

Appointment and Acceptance

106.02 (1) The applicant for, or the holder of, a certificate referred to in section 106.01 shall

(a) appoint an individual as accountable executive to be responsible for operations or activities authorized under the certificate and accountable on their behalf for meeting the requirements of these Regulations;
(b) notify the Minister of the name of the person appointed; and
(c) ensure that the accountable executive submits to the Minister a signed statement that they accept the responsibilities of their position within 30 days after their appointment.

(2) No person shall be appointed under subsection (1) unless they have control of the financial and human resources that are necessary for the activities and operations authorized under the certificate.

SOR/2005-173, s. 8.

Accountability

106.03 The responsibility and accountability of the accountable executive appointed under subsection 106.02(1) are not affected by the existence of

(a) a person responsible for the maintenance control system appointed under paragraph 406.19(1)(a) or 706.03(1)(a);
(b) a person responsible for maintenance appointed under paragraph 573.03(1)(a);
(c) an operations manager referred to in section 702.07, 703.07, 704.07 or 705.07; or
(d) a maintenance manager referred to in section 702.07, 703.07, 704.07 or 705.07.

SOR/2005-173, s. 8.

More Than One Certificate

106.04 If a certificate holder is the holder of more than one certificate referred to in section 106.01, only one accountable executive shall be appointed under paragraph 106.02(1)(a) to be responsible for the operations or activities authorized under the certificates.

SOR/2005-173, s. 8;
SOR/2007-290, s. 5(F).

Previous Version

Subpart 7 – Safety Management System Requirements

Application

107.01 (1) This Subpart, except paragraph 107.03(g), applies to an applicant for, or a holder of, one of the following certificates:

(a) an approved maintenance organization (AMO) certificate issued under section 573.02 authorizing the holder to perform maintenance on an aircraft operated under Subpart 5 of Part VII; or
(b) an air operator certificate issued under section 705.07.

(2) This Subpart applies to an applicant for, or a holder of, one of the following certificates:

(a) an airport certificate issued under section 302.03; and
(b) an ATS operations certificate issued under section 801.05.

(3) This Subpart, except sections 107.02 and 107.03, and the requirements set out in Subpart 4 of Part VI in respect of the safety management system apply to the holder of a private operator registration document.

SOR/2005-173, s. 8;
SOR/2007-290, s. 6;
SOR/2014-131, s. 4.

Previous Version

Establishing a Safety Management System

107.02 The applicant for, or the holder of, a certificate referred to in subsections 107.01(1) or (2) shall establish and maintain a safety management system.

SOR/2005-173, s. 8;
SOR/2014-131, s. 5.

Previous Version

Safety Management System

107.03 A safety management system shall include

(a) a safety policy on which the system is based;
(b) a process for setting goals for the improvement of aviation safety and for measuring the attainment of those goals;
(c) a process for identifying hazards to aviation safety and for evaluating and managing the associated risks;
(d) a process for ensuring that personnel are trained and competent to perform their duties;
(e) a process for the internal reporting and analyzing of hazards, incidents and accidents and for taking corrective actions to prevent their recurrence;
(f) a document containing all safety management system processes and a process for making personnel aware of their responsibilities with respect to them;
(g) a quality assurance program;
(h) a process for conducting periodic reviews or audits of the safety management system and reviews or audits, for cause, of the safety management system; and
(i) any additional requirements for the safety management system that are prescribed under these Regulations.

SOR/2005-173, s. 8;
SOR/2007-290, s. 7.

Previous Version

Size

107.04 A safety management system shall be adapted to the size, nature and complexity of the operations, activities, hazards and risks associated with the operations of the holder of a document referred to in section 107.01.

SOR/2005-173, s. 8;
SOR/2014-131, s. 6.

Previous Version

Subpart 8 — [Reserved]

Subpart 9 — Aircraft under an Agreement for Transfer of Functions and Duties in Accordance with Article 83 bis of the Convention

Canada as the State of the Operator

109.01 These Regulations apply to a foreign-registered aircraft operated by a Canadian operator and to persons performing any functions or duties in respect of the aircraft if the requirements set out in these Regulations are specifically included under the terms of an agreement in force between Canada and another contracting State in accordance with Article 83 bis of the Convention.
SOR/2005-354, s. 2.

Canada as the State of Registry

109.02 These Regulations do not apply to a Canadian aircraft operated by a foreign operator or to persons performing any functions or duties in respect of the aircraft if the requirements set out in these Regulations are specifically excluded under the terms of an agreement in force between Canada and another contracting State in accordance with Article 83 bis of the Convention.
SOR/2005-354, s. 2.

Surrender of Certificate of Airworthiness

109.03 (1) If the responsibility set out in Article 31 of the Convention to issue or to render valid a certificate of airworthiness for a Canadian aircraft is transferred to another contracting State in accordance with Article 83 bis of the Convention, the certificate of airworthiness for that aircraft shall cease to have effect upon commencement of the transfer.
(2) The registered owner of the aircraft shall surrender the certificate of airworthiness to the Minister within seven days after the day on which the registered owner receives a notice from the Minister informing the registered owner of the coming into force of an agreement entered into in accordance with Article 83 bis of the Convention.

SOR/2005-354, s. 2;
SOR/2014-286, s. 1.

Previous Version

Reinstatement of the Certificate of Airworthiness

109.04 Upon termination of a transfer to another contracting State, in accordance with Article 83 bis of the Convention, of the responsibility to issue or to render valid a certificate of airworthiness for a Canadian aircraft as set out in Article 31 of the Convention, the Minister shall reinstate the certificate of airworthiness if the registered owner of the aircraft complies with the applicable importation requirements specified in section 507.07.
SOR/2005-354, s. 2.

Notice of Termination of Agreement

109.05 If an agreement for the lease, charter or interchange of an aircraft or any similar arrangement, subject to an agreement in accordance with Article 83 bis of the Convention, is terminated on a date earlier than the date of expiration set out in the agreement or arrangement, the Canadian operator of the aircraft if it is a foreign-registered aircraft or the registered owner of the aircraft if it is a Canadian aircraft shall inform the Minister in writing of the actual date of termination within seven days of its occurrence.
SOR/2005-354, s. 2.

Third Party Operation in Canada

109.06 If an aircraft that is subject to an agreement for the lease, charter or interchange of an aircraft or any similar arrangement is also subject to an agreement in accordance with Article 83 bis of the Convention to which Canada is not a party and is operated in Canada, any references in these Regulations to the “State of registry” with respect to the transferred responsibilities shall be interpreted to read “State of the operator”.
SOR/2005-354, s. 2.

Conflicting Provisions

109.07 If Canada enters into an agreement in accordance with Article 83 bis of the Convention, the agreement and the provisions of this Subpart shall take precedence over any conflicting provisions of these Regulations.

SOR/2005-354, s. 2;
SOR/2014-286, s. 2.

Previous Version

Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-Registered Owner

Interpretation

200.01 In this Part,

aircraft identification plate
aircraft identification plate means a fireproof plate that is attached to an aircraft pursuant to subsection 201.01(2) or (3) and that identifies the aircraft as a whole; (plaque d’identification d’aéronef)
approval number
approval number means a number assigned by the Minister to a manufacturer to identify the manufacturer as a manufacturer in respect of which a manufacturing approval has been granted in accordance with the applicable standards of airworthiness; (numéro d’agrément)
certificate of registration
certificate of registration means a certificate of registration issued pursuant to section 202.25 and includes a certificate of registration issued by a contracting state or a foreign state that has an agreement in force with Canada that allows an aircraft that is registered in that foreign state to be operated in Canada; (certificat d’immatriculation)
commercial aircraft
commercial aircraft means an aircraft that is registered as a commercial aircraft pursuant to sections 202.16 and 202.17; (aéronef commercial)
identification plate
identification plate means a fireproof plate that contains the identification information referred to in section 201.08, subsection 201.09(2), section 201.10 or subsection 201.11(2); (plaque d’identification)
marks
marks means the nationality mark and the registration mark of an aircraft; (marques)
nationality mark
nationality mark means a symbol, letter or numeral, or a combination thereof, used by a state to indicate the nationality of aircraft that are registered in that state; (marque de nationalité)
registered
registered, in respect of an aircraft, means registered pursuant to sections 202.16 and 202.17 or pursuant to the laws of a foreign state; (immatriculé)
registration mark
registration mark means the combination of letters or letters and numerals that is issued in respect of an aircraft by a state as a registration identification; (marque d’immatriculation)
replica of a military aircraft
replica of a military aircraft means an aircraft of any scale that is a duplicate of an original military aircraft; (réplique d’un aéronef militaire)
special registration mark
special registration mark means a specific registration mark requested by the applicant; (marque d’immatriculation spéciale)
state aircraft
state aircraft means an aircraft that is registered as a state aircraft pursuant to sections 202.16 and 202.17; (aéronef d’État)
vintage aircraft
vintage aircraft means an aircraft that was manufactured prior to January 1, 1957. (aéronef d’époque)

SOR/2009-280, s. 18.
Previous Version

Application

200.02 (1) Subject to subsection (2), this Part applies in respect of all Canadian aircraft operated in or outside Canada and section 202.01 also applies in respect of aircraft registered in a foreign state while operated in Canada.
(2) Subpart 1 does not apply in respect of aircraft that, pursuant to subsection 202.13(1), are not required to be registered.

[200.03 and 200.04 reserved]
Subpart 1 — Identification of Aircraft and Other Aeronautical Products

Aircraft Identification Plates

201.01 (1) Except for an aircraft that is operated pursuant to an authorization issued under subsection 202.14(1), no person shall operate an aircraft in flight unless there is an aircraft identification plate attached to the aircraft in accordance with this Subpart.

(2) Subject to subsection (3), where a person manufactures an aircraft or is an aircraft owner that obtains an authorization referred to in subsection (6), the manufacturer or aircraft owner, as the case may be, shall attach to the aircraft an aircraft identification plate that contains the information required by subsection (4)

(a) in the case of an aircraft other than an ultra-light aeroplane or a balloon, to the structure of the aircraft in a place where it is visible to a person on the ground or to a person at the main entrance or rearmost entrance door;
(b) in the case of an ultra-light aeroplane, in a position near the pilot seat where it is readily visible; and
(c) in the case of a balloon, to the lower or upper girdle of the envelope in a place where it is readily visible prior to inflation.

(3) Where the configuration of an aircraft precludes the attachment of an aircraft identification plate in a location specified in subsection (2), the Minister shall, on application in writing by the manufacturer or owner of the aircraft, authorize an alternative location for the attachment of the aircraft identification plate.

(4) An aircraft identification plate attached to an aircraft shall have the following information permanently etched, engraved or stamped on it, namely,

(a) the name of the manufacturer and, if the manufacturer is an entity, its legal name;
(b) the manufacturer’s model designation described in the type certificate or equivalent document;
(c) the type certificate number or equivalent designation, if applicable; and
(d) the aircraft serial number.

(5) Where an aircraft does not have an aircraft identification plate, the owner of the aircraft shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to attach an aircraft identification plate to the aircraft.
(6) On receipt of an application submitted in accordance with subsection (5) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner that permits the owner to attach an aircraft identification plate to the aircraft.
(7) Where an authorization is issued by the Minister pursuant to subsection (6), the owner of the aircraft shall attach an aircraft identification plate to the aircraft in accordance with subsection (2) or (3), as applicable.

SOR/2000-405, s. 2;
SOR/2003-271, s. 2.

Modifications

201.02 Where a person modifies an aircraft in accordance with approved data, as that term is defined in section 571.06 of the Airworthiness Manual, and the modification results in a change in the model designation as specified by the manufacturer in the approved data, the person shall, before the next flight of the aircraft, attach to the aircraft, as near as possible to the original aircraft identification plate, an additional aircraft identification plate on which the following information is permanently etched, engraved or stamped:

(a) the name of the person who performed the modification and, if that person is an entity, its legal name;
(b) the new model designation described in the supplemental type certificate or equivalent document;
(c) the supplemental type certificate number or equivalent designation; and
(d) the aircraft serial number.

SOR/2000-405, s. 3.

Removal, Replacement and Attachment of, and Alteration of Information on, Aircraft Identification Plates

201.03 (1) Subject to subsection (5), no person shall, without authorization from the Minister pursuant to subsection (3),

(a) remove or replace an aircraft identification plate;
(b) attach to an aircraft an aircraft identification plate that was attached to another aircraft; or
(c) alter the information on an aircraft identification plate.

(2) Where the owner of an aircraft wishes to perform one of the actions referred to in subsection (1), the owner shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to perform that action.
(3) On receipt of an application submitted pursuant to subsection (2) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner of the aircraft that permits the owner to perform the action in respect of which the authorization was sought.
(4) Where an authorization is issued by the Minister pursuant to subsection (3), the owner of the aircraft shall perform the authorized action before the next flight of the aircraft.
(5) A person may, without authorization from the Minister, remove an aircraft identification plate from an aircraft for the purpose of performing work on the aircraft.
(6) Any person who removes an aircraft identification plate from an aircraft for the purpose of performing work on the aircraft shall, immediately after completing the work, re-attach the aircraft identification plate in accordance with subsection 201.01(2) or (3) or section 201.02, as applicable.

Loss or Theft of or Damage to an Aircraft Identification Plate

201.04 (1) Where an aircraft identification plate is lost, stolen or damaged, the owner of the aircraft shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to attach a replacement aircraft identification plate to the aircraft.
(2) On receipt of an application submitted pursuant to subsection (1) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner of the aircraft that permits the owner to replace the lost, stolen or damaged aircraft identification plate.
(3) Where an authorization is issued by the Minister pursuant to subsection (2), the owner of the aircraft shall, before the next flight of the aircraft, attach the replacement aircraft identification plate to the aircraft in accordance with subsection 201.01(2) or (3) or section 201.02, as applicable.

Identification of Engines, Propellers, Life-limited Components, Appliances, Parts, Balloon Baskets and Burner Assemblies

201.05 (1) No person shall operate an aircraft in flight unless each engine, propeller, life-limited component, appliance, part, balloon basket, or burner assembly for a balloon is identified in accordance with sections 201.06 to 201.11.
(2) Subject to subsections 201.10(4) and (5), the identification information required under sections 201.08 to 201.11 shall be permanently etched, engraved or stamped directly on the aeronautical product or on an identification plate securely attached to it.

SOR/2009-280, s. 19.
Previous Version

Engine Identification

201.06 (1) The manufacturer of an aircraft engine or an aircraft engine module shall place thereon, in accordance with subsections (2) and 201.05(2), the identification information required by section 201.08.
(2) Identification information or an identification plate that contains such information shall be placed on an aircraft engine or on an aircraft engine module in an accessible location where it is not likely to become damaged, destroyed, lost or detached during normal operation or in an accident.

Propeller Identification

201.07 (1) The manufacturer of a fixed pitch propeller, a propeller blade or a propeller hub shall place thereon, in accordance with subsections (2) and 201.05(2), the identification information required by section 201.08.
(2) Identification information or an identification plate that contains such information shall be placed on a fixed pitch propeller, a propeller blade or a propeller hub in an accessible location where it is not likely to become damaged, destroyed, lost or detached during normal operation or in an accident.

Information Relating to Aircraft Engines and Propellers

201.08 The identification information that shall be placed on an aircraft engine, aircraft engine module, fixed pitch propeller, propeller blade and propeller hub is

(a) the name of the manufacturer and, if the manufacturer is an entity, its legal name;
(b) the manufacturer’s model designation as described in the type certificate or equivalent document;
(c) the type certificate number or equivalent designation;
(d) the aeronautical product serial number; and
(e) in the case of an aircraft engine, the power rating established for the engine by the manufacturer.

SOR/2000-405, s. 4.

Life-limited Component Identification

201.09 (1) The manufacturer of a component for which a life limitation has been established by type design shall place thereon, in accordance with subsection 201.05(2), the identification information referred to in subsection (2).

(2) The identification information that shall be placed on a component is

(a) the part number of the component or an equivalent series of identifying characters; and
(b) the serial number of the component or an equivalent series of identifying characters.

Appliance and Part Identification

201.10 (1) Subject to subsections (4) and (5), the manufacturer of an appliance or a part — including a part approved through the issuance of a part design approval — shall place on it, in the manner specified in subsection 201.05(2), the following identification information:

(a) the name, trademark or symbol identifying the manufacturer and, if the manufacturer is an entity, its legal name;
(b) the manufacturer’s approval number; and
(c) the part number of the appliance or part.

(2) Subject to subsections (4) and (5), the manufacturer of an appliance or a part for which a Canadian Technical Standard Order (CAN-TSO) design approval has been issued under section 521.109 shall place on it, in the manner specified in subsection 201.05(2), the following additional identification information:

(a) the manufacturer’s address;
(b) the name, type or model designation of the appliance or part, if any;
(c) the serial number or the date of manufacture of the appliance or part;
(d) the letters “CAN-TSO” followed by the applicable CAN-TSO number; and
(e) any additional markings required by the applicable CAN-TSO.

(3) Subject to subsections (4) and (5), the manufacturer of an appliance or a part for which a type certificate has been issued by the Minister shall place on it, in the manner specified in subsection 201.05(2), the following additional identification information:

(a) the manufacturer’s address;
(b) the name, type or model designation of the appliance or part, if any;
(c) the serial number or the date of manufacture of the appliance or part; and
(d) the type certificate designation or a reference to the applicable standard of airworthiness.

(4) The manufacturer of an auxiliary power unit shall, in the manner specified in subsection 201.05(2), place the identification information specified in subsection (1) on the unit in an accessible location where it is not likely to become damaged, destroyed, lost or detached during normal operation or in an accident.
(5) If an appliance or a part is too small or if it is otherwise impractical to place on it some or all of the information required by subsection (1), (2) or (3), the information that cannot be placed on the appliance or part shall be placed on its container or on the authorized release certificate referred to in section 561.10 of Standard 561 — Standard for Approved Manufacturers.

SOR/2000-405, s. 5;
SOR/2009-280, s. 20.

Previous Version

Balloon Basket and Burner Assembly Identification

201.11 (1) The manufacturer of a balloon basket or a burner assembly for a balloon shall place thereon, in accordance with subsection 201.05(2), the identification information referred to in subsection (2).

(2) The identification information that shall be placed on a balloon basket and on a burner assembly is

(a) the name of the manufacturer and, if the manufacturer is an entity, its legal name;
(b) the part number of the basket or the burner assembly or an equivalent series of identifying characters; and
(c) the serial number of the basket or the burner assembly or an equivalent series of identifying characters.

SOR/2000-405, s. 6.

Removal and Replacement of Identification Plates and Alteration of Identification Information on Aeronautical Products Other Than Aircraft

201.12 (1) No person shall remove or replace an identification plate attached to an aeronautical product that is not an aircraft or alter the identification information that is required by section 201.06, 201.07, 201.09, 201.10 or 201.11 to be on an aeronautical product that is not an aircraft unless a written application is submitted to the Minister, including evidence that establishes the identity of the aeronautical product, and a written authorization is issued by the Minister pursuant to subsection (4).

(2) Subsection (1) does not apply to a person who

(a) removes an identification plate from an aeronautical product that is not an aircraft for the purpose of performing work on the aeronautical product; or
(b) removes or replaces an identification plate or alters the identification information on an aeronautical product that is not an aircraft if the removal, replacement or alteration is made necessary by a modification or repair to the aeronautical product that is performed in accordance with section 571.06.

(3) Any person who removes or replaces an identification plate or alters any identification information under subsection (2) shall, before the aeronautical product is used in flight, replace the identification plate or alter the identification information in accordance with section 201.06, 201.07, 201.09, 201.10 or 201.11, as applicable.
(4) On receipt of an application referred to in subsection (1) that includes evidence that establishes the identity of the aeronautical product, the Minister shall issue a written authorization to the applicant that permits the applicant to remove or replace an identification plate or alter the identification information required to be on the aeronautical product pursuant to section 201.06, 201.07, 201.09, 201.10 or 201.11.
(5) Where an authorization is issued by the Minister pursuant to subsection (4), the applicant shall, before the aeronautical product is used in flight, remove or replace the identification plate or alter the identification information required to be on the aeronautical product pursuant to section 201.06, 201.07, 201.09, 201.10 or 201.11.

SOR/2009-280, s. 21.
Previous Version

Subpart 2 — Aircraft Marking and Registration

Division I — Aircraft Marks

Requirements for Marks on Aircraft

202.01 (1) Subject to subsection (2), no person shall operate an aircraft in Canada unless its marks are visible and are displayed

(a) in the case of a Canadian aircraft, in accordance with the requirements of the Aircraft Marking and Registration Standards; and
(b) in the case of an aircraft registered in a foreign state, in accordance with the laws of that foreign state.

(2) On receipt of an application in writing, the Minister shall issue a written authorization permitting the operation in Canada of an aircraft that does not display its marks if the aircraft is to be operated for the purpose of an exhibition, air show, motion picture production or television production.
(3) The Minister may specify conditions in the authorization governing the operation of an aircraft referred to in subsection (2) as are necessary for its safe and proper operation.
(4) No person shall operate an aircraft pursuant to an authorization issued under subsection (2) unless the authorization is on board and the aircraft is operated in accordance with any conditions specified therein.

Application for Issuance or Reservation of a Registration Mark

202.02 (1) The Minister shall, on receipt of an application made in accordance with the Aircraft Marking and Registration Standards, issue to or reserve a registration mark or a special registration mark for an applicant.
(2) A registration mark or a special registration mark issued pursuant to subsection (1) is cancelled if the aircraft is not registered in Canada within 12 months after the day on which the registration mark was issued.
(3) The reservation of a registration mark or a special registration mark pursuant to subsection (1) expires 12 months after the day on which the mark was reserved.
(4) A registration mark or a special registration mark that is reserved under subsection (1) may be applied to an aircraft that is registered on a foreign register but shall be kept covered until the mark is issued to that aircraft.

SOR/2000-405, s. 7.

Aircraft Marks

202.03 (1) Subject to subsection (2), the nationality mark in respect of a Canadian aircraft is the letter “C” and the registration mark in respect of the aircraft is a combination of four letters specified by the Minister.

(2) Subject to subsections (3) and (4), where an aircraft was registered in Canada before January 1, 1974 or is a vintage aircraft,

(a) the nationality mark in respect of the aircraft is the letters “CF” and the registration mark in respect of the aircraft is a combination of three letters specified by the Minister; or
(b) the nationality mark in respect of the aircraft is the letter “C” and the registration mark in respect of the aircraft is a combination of four letters specified by the Minister.

(3) Where the owner of an aircraft, other than a vintage aircraft, that has the letters “CF” as its nationality mark and a combination of three letters as its registration mark repaints the aircraft, the owner shall, prior to operating the aircraft, change the nationality mark to the letter “C” and the registration mark to the letter “F” followed by the combination of three letters.
(4) Where the owner of an aircraft changes its marks pursuant to subsection (3) or the owner of a vintage aircraft changes its nationality mark from “C” to “CF” or from “CF” to “C”, followed by the appropriate registration mark, the owner shall, prior to operating the aircraft, notify the Minister in writing of the change, and the Minister shall change the marks accordingly in the Canadian Civil Aircraft Register and issue a new registration certificate to reflect the change.

Removal or Change of Marks after Issuance of Continuing Registration

202.04 (1) If a continuing certificate of registration has been issued in respect of an aircraft under paragraph 202.25(1)(d), no person shall remove the marks that are displayed on the aircraft unless

(a) the aircraft is permanently withdrawn from service;
(b) the aircraft is being exported from Canada;
(c) the aircraft is undergoing or has undergone a transfer of legal custody and control to a person who is not qualified to be the registered owner of a Canadian aircraft;
(d) it is necessary to remove the marks for a maintenance operation;
(e) the marks are removed and repainted on the aircraft under subsection 202.03(3) or (4);
(f) the Minister requests that the marks be removed under section 202.61;
(g) the Minister requests that the marks be removed because they are unseemly or embarrassing;
(h) the Minister authorizes the removal of the marks under subsection 202.01(2); or
(i) the Minister permits the change of the marks under subsection (3).

(2) If a continuing certificate of registration has been issued in respect of an aircraft under paragraph 202.25(1)(d), the owner may write to the Minister for permission to change the marks.
(3) On receipt of a request to change marks, the Minister shall permit the change if the owner continues to meet the requirements of these Regulations.

SOR/2000-405, s. 8;
SOR/2003-271, s. 3.

Variance from the Specifications for Marks for Former Military Aircraft and Replicas

202.05 (1) Where an aircraft is a former military aircraft or a replica of a military aircraft, the Minister shall, on receipt of an application in accordance with the Aircraft Marking and Registration Standards, authorize an alternative size, location or colour for the display of its marks.
(2) Where, pursuant to subsection (1), the Minister authorizes an alternative size, location or colour for the display of the marks of an aircraft, the marks shall be displayed accordingly.

Alternative Mark Size or Location

202.06 (1) Where the structural configuration of an aircraft precludes its marks from being displayed in accordance with section 202.01 or 202.07, the Minister shall, on receipt of an application in accordance with the Aircraft Marking and Registration Standards, authorize an alternative size or one or more alternative locations for the display of its marks.
(2) Where, pursuant to subsection (1), the Minister authorizes an alternative size or one or more alternative locations for the display of the marks of an aircraft, the marks shall be displayed accordingly.

Use of Marks Assigned to a Manufacturer

202.07 (1) Where a manufacturer operates an aircraft within Canada for the purpose of a production test flight, a customer acceptance flight or a flight undertaken to complete the manufacturing process or to export the aircraft, in accordance with an authorization issued by the Minister pursuant to subsection 202.14(1), the manufacturer shall

(a) affix the marks once to each side of the aircraft fuselage or cabin by a means, such as paint or decals, that

(i) ensures that the marks will not be detached or erased while the aircraft is in operation, and
(ii) allows the marks to be removed after the operation;

(b) prior to the operation of the aircraft, inform the Minister in writing of

(i) the marks that have been affixed to the aircraft,
(ii) the manufacturer’s model designation, and
(iii) the serial number of the aircraft; and

(c) after the completion of the operation of the aircraft for the purpose specified in this subsection,

(i) remove the marks, and
(ii) notify the Minister in writing of their removal.

(2) For the purposes of subsection (1), the Minister may reserve a block of marks for a manufacturer.

[202.08 to 202.12 reserved]
Division II — Aircraft Registration

Registration of Aircraft — General

202.13 (1) This section does not apply in respect of an aircraft that is

(a) a hang glider; or
(b) a parachute.

(2) Except as otherwise authorized under subsection 202.14(1) or 202.43(1), no person shall operate an aircraft in Canada unless it is registered in Canada, in a contracting state or in a foreign state that has an agreement in force with Canada that allows an aircraft that is registered in that foreign state to be operated in Canada.

SOR/2000-405, s. 9;
SOR/2003-271, s. 4.

Aircraft Manufacturers

202.14 (1) On receipt of an application in writing, the Minister shall issue a written authorization permitting the operation in Canada of an aircraft that is not registered and in the authorization may specify conditions governing the operation of the aircraft as necessary for its safe and proper operation, where

(a) the aircraft was manufactured in Canada;
(b) the aircraft is operated by the manufacturer;

(c) the aircraft is operated within Canada for the purpose of

(i) a production test flight,
(ii) a customer acceptance flight, or
(iii) a flight undertaken to complete the manufacturing process or to export the aircraft;

(d) a registration mark has been reserved in respect of the aircraft pursuant to subsection 202.02(1);
(e) the aircraft displays its marks in accordance with section 202.01 or 202.07; and
(f) the manufacturer is qualified to be the registered owner of a Canadian aircraft pursuant to section 202.15.

(2) The Minister may specify conditions in the authorization governing the operation of the aircraft referred to in subsection (1) as are necessary for its safe and proper operation.
(3) No person shall operate an aircraft pursuant to an authorization issued under subsection (1) unless the aircraft is operated in accordance with any conditions specified in the authorization.

Qualifications to Be Registered Owner of a Canadian Aircraft

202.15 (1) Subject to subsection (2), any Canadian is qualified to be the registered owner of a Canadian aircraft.
(2) No individual is qualified to be the registered owner of a Canadian aircraft unless the individual is at least 16 years of age.

(3) An entity that is not Canadian but is incorporated or formed under the laws of Canada or a province is qualified to be the registered owner of a private Canadian aircraft where

(a) the entity provides the Minister with a certified copy of the entity’s certificate of incorporation or other equivalent document issued under the laws of Canada or a province pursuant to which the entity was incorporated or formed;
(b) the entity meets the requirements, specified in the Aircraft Marking and Registration Standards, respecting the keeping and preservation of records;
(c) subject to subsection (4), the entity meets the reporting requirements specified in the Aircraft Marking and Registration Standards; and
(d) while the aircraft is registered in Canada, the flight time accumulated in Canada by the aircraft is not less than 60 per cent of the flight time accumulated by the aircraft at the end of each six-month period.

(4) An entity referred to in subsection (3) may, in respect of an aircraft registered in the name of the entity, apply to the Minister in writing for an exemption from the applicable reporting requirements specified in the Aircraft Marking and Registration Standards, and the Minister shall issue the exemption, in writing, where the aircraft has been so registered since September 30, 1990.
(5) Where an entity that is qualified to be the registered owner of an aircraft pursuant to subsection (3) ceases to meet the requirements set out in paragraphs (3)(b) to (d), the aircraft’s certificate of registration is cancelled.

Registration Requirements

202.16 The Minister, on receipt of an application in accordance with the Aircraft Marking and Registration Standards, shall register an aircraft where the owner of the aircraft

(a) is qualified to be the registered owner of a Canadian aircraft pursuant to section 202.15; and
(b) meets the requirements set out in those standards.

Types of Registration

202.17 (1) Subject to subsections (3) and (4), the Minister shall register an aircraft as

(a) a state aircraft;
(b) a commercial aircraft; or
(c) a private aircraft.

(2) The Minister shall register an aircraft with

(a) a provisional registration if the aircraft is not registered in Canada or in a foreign state and is to be operated for the purpose of importing it into Canada or for the purpose of transporting it from one location in Canada to another location in Canada;
(b) a temporary registration if the documentation, record entries and other administrative steps necessary to grant a continuing registration cannot be completed immediately;
(c) a continuing registration if the documentation, record entries and other administrative steps necessary to grant a continuing registration can be completed immediately; or
(d) an interim registration if the requirements of subsection 202.36(1) or (4) are satisfied.

(3) The Minister shall register an aircraft as a state aircraft if it is a civil aircraft that is owned by and exclusively used in the service of a government in Canada.

(4) The Minister shall register an aircraft as a commercial aircraft if

(a) it is to be operated under Subpart 2, 3, 4 or 5 of Part VII or pursuant to an authorization issued under section 203.03; or
(b) it is an aeroplane or helicopter that is to be operated pursuant to a flight training unit operator certificate issued under Subpart 6 of Part IV.

SOR/2000-405, s. 10.

Identity for Registration Purposes — Aircraft

202.18 For the purpose of the registration in Canada of an aircraft, other than a balloon,

(a) the fuselage, hull or an alternative structure of the aircraft establishes its identity; and
(b) where the fuselage, hull or an alternative structure of the aircraft is scrapped, the aircraft is deemed to be destroyed.

Identity for Registration Purposes — Balloons

202.19 For the purpose of the registration in Canada of a balloon,

(a) the envelope of the balloon establishes its identity; and
(b) where the envelope of a balloon is scrapped, the balloon is deemed to be destroyed.

[202.20 to 202.24 reserved]
Division III — Certificates of Registration

Issuance of a Certificate of Registration

202.25 (1) Where the Minister registers an aircraft, the Minister shall issue to the registered owner of the aircraft

(a) a provisional certificate of registration if the aircraft has a provisional registration;

(b) a temporary certificate of registration if

(i) the documentation, record entries and other administrative steps necessary to issue a continuing registration cannot be completed immediately, or
(ii) the Minister intends to replace a continuing certificate of registration pursuant to section 202.27 or amend or replace a certificate of registration pursuant to subsection 202.28(1), but the documentation, record entries and other administrative steps necessary to amend or replace the certificate cannot be completed immediately;

(c) an interim certificate of registration if the aircraft is deemed to be registered with an interim registration pursuant to subsection 202.36(1) or (4); or
(d) except in the circumstances described in subparagraph (b)(ii), a continuing certificate of registration if the aircraft has a continuing registration.

(2) Where the Minister issues a temporary certificate of registration, the Minister may specify in the temporary certificate of registration a date on which the temporary registration expires.

(3) A temporary certificate of registration expires or is cancelled, as the case may be, on the earliest of

(a) the date specified in the temporary certificate of registration,
(b) the last day of the three-month period following the day on which the temporary certificate of registration was issued,
(c) the day on which there is a change in the legal custody and control of the aircraft, and
(d) the day on which a continuing certificate of registration is issued in respect of the aircraft.

Carrying Certificate of Registration on Board the Aircraft

202.26 No person shall operate an aircraft in Canada, other than an aircraft referred to in subsection 202.43(1), or a Canadian aircraft outside Canada unless the certificate of registration issued in respect of the aircraft is carried on board the aircraft.

Certificate of Registration Lost or Destroyed

202.27 The Minister shall replace a lost or destroyed certificate of registration of a Canadian aircraft on receipt of a written application from the registered owner where the registered owner continues to meet the registration requirements referred to in section 202.16.

Amendment or Replacement of Certificate of Registration

202.28 (1) The Minister may request the return of a certificate of registration of a Canadian aircraft from the registered owner for the purpose of amending it or for the purpose of replacing it.
(2) Where the Minister requests the return of a certificate of registration pursuant to subsection (1), the registered owner shall return it to the Minister within seven days after the day on which the request is received.

[202.29 to 202.34 reserved]
Division IV — Transfer of Legal Custody and Control

General

202.35 (1) Subject to Subpart 3, where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the certificate of registration of the aircraft is cancelled.
(2) Where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the registered owner shall, by not later than seven days after the transfer, notify the Minister of the transfer in writing.
(3) For the purposes of this Division, an owner has legal custody and control of a Canadian aircraft when the owner has complete responsibility for the operation and maintenance of the aircraft.

Interim Registration

202.36 (1) Subject to subsection (2), where any part of the legal custody and control of a Canadian aircraft is transferred and the new owner meets the requirements referred to in section 202.16, the aircraft is deemed to be registered with an interim registration in the name of the new owner.
(2) Where any part of the legal custody and control of an aircraft referred to in subsection (1) is transferred for a second time, the aircraft is not deemed to be registered with an interim registration in the name of the new owner even if the new owner meets the requirements referred to in section 202.16.

(3) The interim registration of an aircraft referred to in subsection (1) expires on the earliest of

(a) the last day of the three-month period following the date of the transfer of any part of the legal custody and control of the aircraft,
(b) the day on which there is a further transfer of any part of the custody and control of the aircraft, and
(c) the day on which a continuing certificate of registration is issued in respect of the aircraft.

(4) Where there is a change in the registered owner’s name, address or other information contained in the continuing certificate of registration, the aircraft is deemed to be registered with an interim registration if the requirements specified in the Aircraft Marking and Registration Standards are met.

(5) The interim registration of an aircraft referred to in subsection (4) expires on the earliest of

(a) the last day of the three-month period following the date of the change or amendment,
(b) the day on which there is a transfer of any part of the legal custody and control of the aircraft, and
(c) the day on which a continuing certificate of registration is issued in respect of the aircraft.

(6) An interim certificate of registration may not be transferred.

Provisional Registration of an Aircraft

[SOR/2000-405, s. 11]

202.37 (1) If an aircraft is not registered in Canada or in a foreign state, no person shall operate it for the purpose of importing it into Canada or for the purpose of transporting it from one location in Canada to another location in Canada unless the person first obtains a provisional certificate of registration in accordance with the Aircraft Marking and Registration Standards in respect of the aircraft.
(2) The Minister may specify in a provisional certificate of registration conditions governing the operation of the aircraft as necessary for its safe and proper operation, and the destination to which and the date or dates on which the aircraft may be operated.

(3) A provisional certificate of registration expires or is cancelled, as the case may be, when the aircraft

(a) arrives at the destination set out in the provisional certificate of registration or, if the provisional certificate of registration specifies that a test flight shall be performed, when the test flight is completed;
(b) is operated on a date that is not specified in the provisional certificate of registration; or
(c) is operated in a manner that is contrary to any condition specified in the provisional certificate of registration.

SOR/2000-405, s. 12.

Exporting an Aircraft

202.38 Where a Canadian aircraft is sold or leased to a person who is not qualified under section 202.15 to be the registered owner of a Canadian aircraft and the aircraft is not in Canada at the time of its sale or lease or it is understood by the vendor or lessor, as the case may be, that the aircraft is to be exported, the vendor or lessor shall

(a) remove the Canadian marks from the aircraft and, if applicable, the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft at the time of the sale or lease;

(b) notify the Minister in writing, within seven days after the sale or lease, of the date of

(i) the sale or lease,
(ii) the exportation, if applicable,
(iii) the removal of the Canadian marks, and
(iv) the removal of the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft, if applicable;

(c) provide the Minister with a copy of all of the agreements that relate to the transfer of any part of the legal custody and control of the aircraft resulting from the sale or lease; and
(d) return to the Minister the certificate of registration of the aircraft.

SOR/2000-405, s. 13.

[202.39 to 202.41 reserved]
Division V — Operation of Foreign Aircraft

Period of Time Present in Canada

202.42 (1) Subject to section 203.03, no person shall operate in Canada an aircraft that is registered in a foreign state that has been present in Canada for a total of 90 days or more in the immediately preceding twelve-month period unless

(a) the foreign state is a contracting state;

(b) the operator of the aircraft is

(i) the foreign state,
(ii) an individual who is not a Canadian citizen or a permanent resident but is a citizen or subject of the foreign state, or
(iii) an entity that is incorporated or otherwise formed under the laws of the foreign state; and

(c) if the operator of the aircraft is an entity described in subparagraph (b)(iii), the aircraft is operated in Canada

(i) in accordance with an air operator certificate, or
(ii) in any operation other than an operation that would require a private operator certificate if the aircraft were registered in Canada.

(2) For the purposes of calculating the 90-day period,

(a) if the aircraft is present in Canada for any part of a calendar day, that part shall be counted as one day; and
(b) an aircraft is deemed to be present in Canada as soon as it enters Canadian airspace.

SOR/2003-271, s. 5.

Aircraft Registered in a Foreign State

202.43 (1) Where an aircraft is registered in a foreign state that is not a contracting state or is not a state that has an agreement in force with Canada that allows an aircraft that is registered in that state to be operated in Canada, the Minister may, in writing, authorize the operation of the aircraft in Canada, and in the authorization may specify conditions governing the operation of the aircraft as necessary for its safe and proper operation.
(2) No person shall operate an aircraft pursuant to an authorization issued under subsection (1) unless the authorization is on board and the aircraft is operated in accordance with any conditions specified in the authorization.

[202.44 and 202.45 reserved]
Division VI — Aircraft Information

Location of an Aircraft

202.46 (1) The Minister may request that the owner of an aircraft inform the Minister, in writing, of the location of the aircraft and whether or not the aircraft is serviceable.
(2) Where the Minister makes a request pursuant to subsection (1), the owner shall comply with the request by not later than seven days after receiving it.

(3) Where, pursuant to subsection (1), the owner of an aircraft informs the Minister that the aircraft is not serviceable, the owner shall inform the Minister

(a) in the case of an aircraft that will be returned to service, of the place at which and the estimated date on which it will be returned to service; and
(b) in the case of an aircraft that is permanently withdrawn from service, of whether or not the aircraft has been or will be disposed of and the manner of disposal.

[202.47 to 202.50 reserved]
Division VII — Registered Owners

Change of Name or Address

202.51 Where the name or address of a registered owner of a Canadian aircraft changes, the registered owner shall, by not later than seven days after the change, notify the Minister in writing of the change.

Loss of Qualification to Be Registered Owner

202.52 Every registered owner of a Canadian aircraft shall, within seven days after any change in circumstances as a result of which the owner is no longer qualified to be the registered owner of the aircraft under section 202.15, notify the Minister in writing of the change.

[202.53 to 202.56 reserved]
Division VIII — Cancellation of Certificate of Registration

Conditions Where Certificate of Registration Is Cancelled

202.57 (1) In addition to the circumstances set out in subsections 202.15(5), 202.35(1), 202.37(3) and 202.58(2) and sections 202.59 and 202.60, the certificate of registration of a Canadian aircraft is cancelled where

(a) an individual who is a registered owner of the aircraft dies;
(b) an entity that is a registered owner of the aircraft is wound up, dissolved or amalgamated with another entity;
(c) the lease termination date specified in the most recent lease received by the Minister and submitted in connection with an application for the registration of an aircraft referred to in section 202.16 is extended and the Minister is not informed of that fact in writing within seven days after that lease termination date;
(d) a registered owner ceases to be qualified to be a registered owner of the aircraft under section 202.15; or
(e) except in the case of an aircraft undergoing restoration or an ultra-light aeroplane, the aircraft has not been operated in flight during the last five years.

(2) Where the document pursuant to which a registered owner of an aircraft has legal custody and control of the aircraft ceases to be in effect, the certificate of registration of the aircraft is cancelled unless the registered owner

(a) retains legal custody and control of the aircraft after the document ceases to be in effect; and

(b) submits to the Minister, within seven days after the day on which the document ceases to be in effect,

(i) notification of the fact that the document is no longer in effect, specifying the day on which it ceased to be in effect, and
(ii) a copy of the new document under which the registered owner retains legal custody and control of the aircraft.

SOR/2000-405, s. 14.

Notification Regarding Destroyed or Missing Aircraft

202.58 (1) Every registered owner of a Canadian aircraft shall, within seven days after becoming aware of the fact that any of the following events has occurred, notify the Minister in writing if the aircraft

(a) is destroyed;
(b) is permanently withdrawn from use;
(c) is missing and the search for the aircraft is terminated; or
(d) has been missing for 60 days or more.

(2) Where an event referred to in subsection (1) has occurred, the certificate of registration of the aircraft is cancelled.

Ultra-light Aeroplanes

202.59 (1) If a basic ultra-light aeroplane that is registered is no longer a basic ultra-light aeroplane, its certificate of registration is cancelled.
(2) If an advanced ultra-light aeroplane that is registered is no longer an advanced ultra-light aeroplane, its certificate of registration is cancelled.

SOR/2000-405, s. 15.

Misrepresentation or Fraudulent Documentation

202.60 Where there is misrepresentation or fraudulent documentation in the application for registration of a Canadian aircraft, the certificate of registration is cancelled.

Removal of Marks

202.61 Where the certificate of registration of a Canadian aircraft expires or is cancelled, the Minister may request the owner or last registered owner to remove the Canadian marks from the aircraft and, where the Minister so requests, the owner or last registered owner, as applicable, shall remove the Canadian marks within seven days after the day on which the request is received.

Notification That Marks Are Removed

202.62 No person shall fraudulently notify the Minister that the Canadian marks on an aircraft have been removed.

Removal of Name and Address from the Canadian Civil Aircraft Register

202.63 Where a continuing or temporary certificate of registration issued in respect of an aircraft expires or is cancelled, the Minister shall remove from the Canadian Civil Aircraft Register the name and address of the person under whose name the aircraft was registered.

Removal of Aircraft Particulars from the Canadian Civil Aircraft Register

202.64 If the certificate of registration of an aircraft is cancelled, the Minister may remove all the particulars in respect of the aircraft from the Canadian Civil Aircraft Register if any part of the legal custody and control of the aircraft is transferred to a person who is not qualified to be the registered owner of a Canadian aircraft under section 202.15 or if subsection 202.58(1) or section 202.59 applies.
SOR/2000-405, s. 16.

[202.65 to 202.68 reserved]
Division IX — Canadian Civil Aircraft Register

Publication of Register

202.69 (1) The Minister shall establish, maintain and publish a register of aircraft, to be known as the Canadian Civil Aircraft Register, in which there shall be entered, in respect of each Canadian aircraft for which a continuing or temporary certificate of registration has been issued,

(a) the name and address of each registered owner;
(b) the registration mark issued pursuant to section 202.02; and
(c) such other particulars concerning the aircraft as the Minister considers necessary for registration, inspection and certification purposes.

(2) The Minister may publish information that has been entered in the Canadian Civil Aircraft Register in respect of a Canadian aircraft.

[202.70 to 202.72 reserved]
Division X — Notice to Owners

Two or More Persons As Owners

202.73 For the purposes of this Subpart, where two or more persons are the registered owners of a Canadian aircraft, a request, notice or document is duly given to each registered owner of the aircraft if the request, notice or document is given to the person who, pursuant to the Aircraft Marking and Registration Standards, has been identified as the nominee for that purpose, at the last address for that person recorded in the Canadian Civil Aircraft Register.

[202.74 to 202.77 reserved]
Subpart 3 — Operation of a Leased Aircraft by a Non-Registered Owner

Interpretation

203.01 In this Subpart,

Canadian air operator
Canadian air operator includes the holder of a flight training unit operator certificate and the holder of a private operator registration document; (exploitant aérien canadien)
lease

lease means an agreement in respect of the operation of an aircraft that

(a) specifies a commencement and a termination date,
(b) gives the lessee legal custody and control, and the right to exclusive possession and use, of the aircraft during its term, and
(c) may include provisions respecting the operation of the aircraft for hire or reward; (location)

leasing operation
leasing operation means the operation of an aircraft pursuant to this Subpart; (utilisation d’aéronefs loués)
operator certificate
operator certificate includes an air operator certificate, a flight training unit operator certificate and a private operator registration document. (certificat d’exploitation)

SOR/97-120, s. 1;
SOR/2000-405, s. 17;
SOR/2014-131, s. 7.

Previous Version

Application

203.02 (1) This Subpart applies to the following persons in respect of the operation of a leased aircraft by the lessee if the aircraft is registered in the name of the lessor:

(a) a Canadian air operator that leases a Canadian aircraft from another Canadian air operator;
(b) a foreign air operator that leases a Canadian aircraft from a Canadian air operator that is operating under Part IV, VI or VII;
(c) a Canadian air operator that is operating under Part IV, VI or VII and that leases an aircraft registered in a foreign state; and
(d) a foreign air operator that leases a Canadian aircraft from a Canadian aircraft manufacturer.

(2) This Subpart does not apply in respect of the operation of a private aircraft.

SOR/97-120, s. 1;
SOR/2000-405, s. 18.

Leasing Operations — General

203.03 (1) No person who is not the registered owner of an aircraft shall operate the aircraft as part of a leasing operation without an authorization issued pursuant to subsection (2) unless

(a) the lessor and the lessee each hold a Canadian operator certificate issued in respect of the aircraft type to be operated;
(b) the lessee is qualified to be the registered owner of a Canadian aircraft;
(c) the maintenance control system referred to in section 406.35 or 706.02 and the maintenance schedule approved by the Minister under subsection 605.86(2) are, during the term of the lease, equivalent for the lessor and the lessee;
(d) the crew members of the aircraft are employed by the lessee; and

(e) the registered owner informs the Minister in writing, no later than seven days after the term of the lease commences, of

(i) the registration mark, manufacturer model designation and serial number of the aircraft,
(ii) the names, addresses and telephone numbers, and facsimile numbers, if any, of the registered owner and the lessee,
(iii) the Canadian operator certificate number and the approved maintenance organization certificate numbers of the lessor and the lessee,
(iv) the commencement and termination dates of the lease,
(v) the name of the person who is responsible for the maintenance of the aircraft during the term of the lease, and
(vi) the address of the main maintenance base for the aircraft.

(2) Subject to section 203.08, the Minister shall, on receipt of an application from a Canadian air operator that conforms with the Standards Respecting the Operation of a Leased Aircraft by a Non-Registered Owner and that includes evidence that establishes that the Canadian air operator meets those standards, issue a written authorization to the Canadian air operator permitting the operation of a Canadian or foreign aircraft by the Canadian air operator, or the operation of a Canadian aircraft by a foreign operator, as part of a leasing operation, and shall specify in the authorization those conditions governing the operation that are necessary to ensure aviation safety.

(3) An authorization issued pursuant to subsection (2) expires on the earliest of

(a) the date on which the lease is terminated,
(b) the date specified by the Minister in the authorization,
(c) the date on which the certificate of registration of the aircraft is cancelled,
(d) the date on which the operator certificate is suspended or cancelled, and
(e) the date on which there is a change in any of the information that was submitted in support of the application referred to in subsection (2) and on which the issuance of the authorization was based.

(4) Where an authorization is required under subsection (1) and has been issued under subsection (2), no person shall operate a leased aircraft unless the authorization is carried on board.
(5) If a leasing advisory is provided to the Minister under subsection (1), no person shall operate a leased aircraft unless a copy of the advisory is carried on board.

SOR/97-120, s. 1;
SOR/2000-405, s. 19;
SOR/2005-341, s. 3.



Leasing Operations — International

203.04 (1) No person shall operate a leased aircraft if one of the lessor and the lessee of the aircraft is not a Canadian, unless the Minister and the civil aviation authority of the state of the lessor or the lessee have consented to such operation.
(2) No person shall operate an aircraft under the circumstances referred to in subsection (1) in a third state, other than Canada and the state of the lessor or the lessee, except in accordance with the laws of the third state.

SOR/97-120, s. 1.

Registration of Leased Aircraft

203.05 The certificate of registration of a leased Canadian aircraft operated pursuant to section 203.03 remains valid notwithstanding any change in the legal custody and control of the aircraft that takes place

(a) at the commencement or termination of the lease; and
(b) where the Minister has issued an authorization pursuant to subsection 203.03(2), at any other time during the term of the lease that is specified in the authorization.

SOR/97-120, s. 1.

Forwarding of Airworthiness Directives

203.06 (1) Where an authorization has been issued pursuant to subsection 203.03(2) in respect of a Canadian aircraft, the registered owner of the aircraft shall, immediately on receipt of the authorization, forward to the lessee all airworthiness directives that apply to the aircraft.
(2) Where an authorization has been issued pursuant to subsection 203.03(2) in respect of an aircraft registered in a foreign state, the Canadian lessee shall ensure that the aircraft conforms with all applicable airworthiness directives.

SOR/97-120, s. 1.

Maximum Number of Leased Aircraft

203.07 (1) No Canadian air operator shall, pursuant to section 203.03, operate a number of leased aircraft registered in a foreign state that exceeds 25 per cent of the total number of aircraft registered to that Canadian air operator, rounded to the next highest whole number.
(2) No Canadian air operator shall, pursuant to section 203.03, lease to foreign air operators a number of aircraft that exceeds 25 per cent of the total number of Canadian aircraft registered to that Canadian air operator, rounded to the next highest whole number.

SOR/97-120, s. 1.

Limits on Period of Operation under Authorization

203.08 No authorization shall be issued to a Canadian air operator pursuant to subsection 203.03(2) with respect to the operation of an aircraft registered in a foreign state that would result in

(a) the Canadian air operator being issued with one or more such authorizations in respect of aircraft registered in a foreign state for 24 months or more during any period of 30 consecutive months; or
(b) the aircraft being the subject of one or more such authorizations issued to a Canadian air operator for 24 months or more during any period of 30 consecutive months.

SOR/97-120, s. 1.

Submission of Signed Lease

203.09 A Canadian air operator that has been issued with an authorization by the Minister pursuant to subsection 203.03(2) shall, within seven days after the day on which the authorization was issued, submit to the Minister a signed copy of the lease.
SOR/97-120, s. 1.

Part III — Aerodromes, Airports and Heliports

[SOR/2007-87, s. 4]
Interpretation

300.01 In this Part,

aerodrome standards and recommended practices publications

aerodrome standards and recommended practices publications means the following documents, namely,

(a) Procedures for the Certification of Aerodromes as Airports,
(b) Aerodrome Standards and Recommended Practices, and
(c) Heliport and Helideck Standards and Recommended Practices; (publications sur les normes et pratiques recommandées pour les aérodromes)

aeronautical information publications

aeronautical information publications means the following documents, namely,

(a) Canada Air Pilot,
(b) Canada Flight Supplement,
(c) Water Aerodrome Supplement, and
(d) A.I.P. Canada; (publications d’information aéronautique)

aircraft emergency
aircraft emergency means a situation that could result in damage to an aircraft at an airport or aerodrome or injury to the persons on board the aircraft; (aéronef en état d’urgence)
airport certificate
airport certificate means a certificate issued pursuant to section 302.03; (certificat d’aéroport)
airport operations manual
airport operations manual means the manual referred to in section 302.08 and includes any amendments to the manual that are approved pursuant to subsection 302.03(2); (manuel d’exploitation d’aéroport)
airside
airside[Repealed, SOR/2003-58, s. 1]
closed marking

closed marking means a cross-shaped marking that

(a) has the form and, subject to subsection 301.04(4), the dimensions set out in Schedule I to Subpart 1, and
(b) subject to subsection 301.04(8), is in a single contrasting colour, white on runways and yellow on taxiways, that is visible from an aircraft flying at an altitude of 300 m (1,000 feet) above the marking; (marque de zone fermée)

fixed
fixed, in respect of a light, means having a constant luminous intensity when the light is observed from a fixed point; (fixe)
marker
marker means an object displayed above ground level for the purpose of indicating an obstacle or obstruction or delineating a boundary; (balise)
marking
marking means a symbol or group of symbols displayed on the surface of a movement area for the purpose of conveying aeronautical information; (marque)
movement
movement, in respect of an aircraft, means a take-off or landing at an airport or aerodrome; (mouvement)
obstacle limitation surface
obstacle limitation surface[Repealed, SOR/2011-285, s. 3]
operator
operator means the person in charge of an aerodrome, and includes an employee, agent or other authorized representative of that person; (exploitant)
public way
public way means any road, path or sidewalk maintained for the use of members of the public; (voie publique)
Water Aerodrome Supplement
Water Aerodrome Supplement means a publication concerning water aerodromes that is intended to be used to supplement enroute charts and the Canada Air Pilot. (Supplément hydroaérodromes)

SOR/97-518, s. 1;
SOR/2002-226, s. 1;
SOR/2003-58, s. 1;
SOR/2011-285, s. 3.

Previous Version

Subpart 1 — Aerodromes

Application

301.01 This Subpart applies in respect of all aerodromes except airports, heliports and military aerodromes.
SOR/2007-87, s. 5.
Previous Version

Inspection

301.02 The operator of an aerodrome shall, without charge, at the request of a Department of Transport inspector, allow the inspector access to aerodrome facilities and provide the equipment necessary to conduct an inspection of the aerodrome.

Registration

301.03 (1) Subject to subsection (2), where the operator of an aerodrome provides the Minister with information respecting the location, markings, lighting, use and operation of the aerodrome, the Minister shall register the aerodrome and publish the information in the Canada Flight Supplement or the Water Aerodrome Supplement, as applicable.
(2) The Minister may refuse to register an aerodrome where the operator of the aerodrome does not meet the requirements of sections 301.05 to 301.09 or where using the aerodrome is likely to be hazardous to aviation safety and, in such a case, shall not publish information with respect to that aerodrome.
(3) The operator of an aerodrome registered pursuant to subsection (1) shall notify the Minister immediately after any change is made to the location, marking, lighting, use or operation of the aerodrome that affects the information published by the Minister pursuant to subsection (1).
(4) An aerodrome that is listed in the Canada Flight Supplement or the Water Aerodrome Supplement on the coming into force of this Subpart is deemed to be registered pursuant to subsection (1).

Markers and Markings

301.04 (1) When an aerodrome is closed permanently, the operator of the aerodrome shall remove all of the markers and markings installed at the aerodrome.
(2) The operator of an aerodrome, other than a water aerodrome, shall install red flags or red cones along the boundary of an unserviceable movement area.
(3) Subsections (4) to (8) do not apply in respect of any manoeuvring area or part thereof that is closed for 24 hours or less.

(4) Where a runway or part of a runway is closed, the operator of the aerodrome shall place closed markings, as set out in Schedule I to this Subpart, on the runway as follows:

(a) where the runway is greater than 1 220 m (4,000 feet) in length, a closed marking shall be located at each end of the closed runway or part thereof and additional closed markings shall be located on the closed runway or part thereof at intervals not exceeding 300 m (1,000 feet);
(b) where the runway is greater than 450 m (1,500 feet) but not greater than 1 220 m (4,000 feet) in length, a closed marking of not less than one-half the dimensions set out in that Schedule shall be located at each end of the closed runway or part thereof and an additional closed marking of the same dimensions shall be located on the closed runway or part thereof at a point equidistant from the two markings; or
(c) where the runway is 450 m (1,500 feet) or less in length, a closed marking of not less than one-half the dimensions set out in that Schedule shall be located at each end of the closed runway or part thereof.

(5) Where a taxiway or part of a taxiway is closed, the operator of the aerodrome shall place on each end of the closed taxiway, or part thereof, a closed marking with the dimensions set out in Schedule I to this Subpart.

(6) Where a helicopter take-off and landing area at an aerodrome is closed, the operator of the aerodrome shall

(a) place a closed marking over the letter “H”, where the letter “H” identifies the helicopter take-off and landing area, or, where no letter identifies the helicopter take-off and landing area, over the centre of the area; or
(b) comply with subsection (4), where the helicopter take-off and landing area is a runway.

(7) Where a manoeuvring area or part thereof is closed permanently, the operator of the aerodrome shall

(a) obliterate all of the markings that indicate that the manoeuvring area or part thereof is open; and
(b) subject to subsection (8), paint on the manoeuvring area or part thereof the markings required pursuant to subsections (4) to (6).

(8) Where the surface of a manoeuvring area or part thereof is snow-covered or otherwise unsuitable for painting or where the closure is not permanent, closed markings may be applied by means of a conspicuously coloured dye or may be constructed from a suitable conspicuously coloured material or product.

Warning Notices

301.05 Where low-flying or taxiing aircraft at or in the vicinity of an aerodrome are likely to be hazardous to pedestrian or vehicular traffic, the operator of the aerodrome shall immediately

(a) post notices warning of the hazard on any public way that is adjacent to the manoeuvring area; or
(b) where such a public way is not owned or controlled by the operator, inform the authorities responsible for placing markings on the public way that there is a hazard.

Wind Direction Indicator

301.06 (1) Except where the direction of the wind at an aerodrome can be determined by radio or other means such as smoke movement in the air or wind lines on water, the operator of the aerodrome shall install and maintain at the aerodrome a wind direction indicator that is

(a) of a conspicuous colour or colours;
(b) in the shape of a truncated cone;
(c) visible from an aircraft flying at an altitude of 300 m (1,000 feet) above the wind direction indicator; and
(d) illuminated when the aerodrome is used at night.

(2) When an aerodrome is closed permanently, the operator of the aerodrome shall immediately remove all of the wind direction indicators installed at the aerodrome.

Lighting

301.07 (1) Subject to subsection (2), where a runway is used at night, the operator of the aerodrome shall indicate each side of the runway along its length with a line of fixed white lights that is visible in all directions from an aircraft in flight at a distance of not less than two nautical miles.
(2) Where it is not practical to provide at an aerodrome the fixed white lights referred to in subsection (1) for reasons such as the lack of an available electrical power source or insufficient air traffic, the operator of the aerodrome may, if a fixed white light is displayed at each end of the runway to indicate runway alignment, use white retro-reflective markers that are capable of reflecting aircraft lights and that are visible at a distance of not less than two nautical miles from an aircraft in flight that is aligned with the centre line of the runway.

(3) The lines of lights or retro-reflective markers required by subsection (1) or (2) shall be arranged so that

(a) the lines of lights or markers are parallel and of equal length and the transverse distance between the lines is equal to the runway width in use during the day;
(b) the distance between adjacent lights or markers in each line is the same and is not more than 60 m (200 feet);
(c) each line of lights or markers is not less than 420 m (1,377 feet) in length and contains no fewer than eight lights or markers; and
(d) each light or marker in a line of lights or markers is situated opposite to a light or marker in the line of lights or markers on the other side of the runway, so that a line connecting them forms a right angle to the centre line of the runway.

(4) Fixed white lights displayed at each end of a runway pursuant to subsection (2) shall be placed so that they are not likely to cause a hazard that could endanger persons or property.
(5) Where a taxiway is used at night, the operator of the aerodrome shall indicate each side of the taxiway with a line of fixed blue lights or blue retro-reflective markers placed so that the two lines of lights or markers are parallel and the distance between adjacent lights or markers in each line is not more than 60 m (200 feet).
(6) Where a manoeuvring area or part thereof or a heliport is closed, the operator of the aerodrome shall not operate the lights or keep the retro-reflective markers thereon, except as required for maintenance of the lights and markers.
(7) Where an aerodrome is used at night, the operator of the aerodrome shall indicate an unserviceable portion of the movement area with fixed red lights, red retro-reflective markers or floodlighting.
(8) Where an aircraft parking area at an aerodrome is used at night, the operator of the aerodrome shall indicate the boundary of the area with fixed blue lights or blue retro-reflective markers, placed at intervals not exceeding 60 m (200 feet), or with floodlighting.

(9) Subject to subsection (10), where a heliport is used at night for the take-off or landing of helicopters, the operator of the heliport shall illuminate the entire take-off and landing area with floodlights or

(a) where the take-off and landing area is rectangular, shall indicate the boundary with no fewer than eight fixed yellow lights, including one light at each corner, placed so that adjacent lights are not more than 13 m (42.5 feet) apart; or
(b) where the take-off and landing area is circular, shall indicate the boundary with no fewer than five fixed yellow lights placed so that adjacent lights are not more than 13 m (42.5 feet) apart.

(10) Where it is not practical to provide at a heliport the fixed yellow lights referred to in subsection (9) for reasons such as lack of an available electrical power source or insufficient air traffic, the operator of the heliport may use yellow retro-reflective markers that are capable of reflecting aircraft lights and that are visible at a distance of not less than two nautical miles from an aircraft in flight that is aligned with the approach path, if

(a) a light source is provided to show the location of the heliport; or
(b) where there is only one path for approach and departure, two lights are used to show the approach orientation.

(11) Where the lighting required by subsections (1), (2), (5) and (7) to (10) is operated by a radio-controlled system capable of activation from an aircraft, the system shall meet the requirements set out in Schedule II to this Subpart.
(12) The operator of an aerodrome may display flare pots to provide temporary lighting for the landing or take-off of aircraft.

Prohibitions

301.08 No person shall

(a) walk, stand, drive a vehicle, park a vehicle or aircraft or cause an obstruction on the movement area of an aerodrome, except in accordance with permission given

(i) by the operator of the aerodrome, and
(ii) where applicable, by the appropriate air traffic control unit or flight service station;

(b) tow an aircraft on an active movement area at night unless the aircraft displays operating wingtip, tail and anti-collision lights or is illuminated by lights mounted on the towing vehicle and directed at the aircraft;
(c) park or otherwise leave an aircraft on an active manoeuvring area at night unless the aircraft displays operating wingtip, tail and anti-collision lights or is illuminated by lanterns suspended from the wingtips, tail and nose of the aircraft;
(d) operate any vessel, or cause any obstruction, on the surface of any part of a water area of an aerodrome that is to be kept clear of obstructions in the interest of aviation safety, when ordered, by signal or otherwise, to leave or not to approach that area by the appropriate air traffic control unit or flight service station or by the operator of the aerodrome;

(e) knowingly remove, deface, extinguish or interfere with a marker, marking, light or signal that is used at an aerodrome for the purpose of air navigation, except in accordance with permission given

(i) by the operator of the aerodrome, and
(ii) where applicable, by the appropriate air traffic control unit or flight service station;

(f) at a place other than an aerodrome, knowingly display a marker, marking, light or signal that is likely to cause a person to believe that the place is an aerodrome;
(g) knowingly display at or in the vicinity of an aerodrome a marker, marking, sign, light or signal that is likely to be hazardous to aviation safety by causing glare or by causing confusion with or preventing clear visual perception of a marker, marking, sign, light or signal that is required under this Subpart;
(h) allow a bird or other animal that is owned by the person or that is in the person’s custody or control to be unrestrained within the boundaries of an aerodrome except for the purpose of controlling other birds or animals at the aerodrome as permitted by the operator; or
(i) discharge a firearm within or into an aerodrome without the permission of the operator of the aerodrome.

Fire Prevention

301.09 (1) Subject to subsection 301.07(12) and subsections (2) and (3), no person shall, while at an aerodrome, smoke or display an open flame

(a) on an apron;
(b) on an aircraft loading bridge or on a gallery or balcony that is contiguous to or that overhangs an apron; or
(c) in an area where smoking or the presence of an open flame is likely to create a fire hazard that could endanger persons or property.

(2) The operator of an aerodrome may, in writing, authorize maintenance or servicing operations on an apron that involve the use, production or potential development of an open flame or that involve the production or potential development of a spark where the operations are conducted in a manner that is not likely to create a fire hazard that could endanger persons or property.
(3) The operator of an aerodrome may permit smoking in an enclosed building or shelter located on an apron where such smoking is not likely to create a fire hazard that could endanger persons or property.

SCHEDULE I(Section 300.01 and subsections 301.04(4) and (5))

CLOSED MARKINGS

SCHEDULE II(Subsection 301.07(11))

INTENSITY SETTINGS FOR LIGHTING SYSTEMS ACTIVATED BY RADIO CONTROL FROM AIRCRAFT

Visual Aid System
Number Of Intensity Settings
Selected Level Of Intensity(percentage of rated output of fixture)

Systems Providing 3 Selections(type K)

Single Selection Systems(type J)

3 Clicks
5 Clicks
7 Clicks

Medium Intensity Approach Lighting:

- Fixed Lights
3
4%
20%
100%
note 1

- Capacitor Discharge Lights
3
OFF
OFF or 10%
100%
note 1

Omni Directional Approach Lighting Systems (ODALS)
3
6%
30%
100%
30%

Low Intensity Approach Lighting
1
100%
100%
100%
100%

Runway Edge, Threshold And End Lighting:

- Medium Intensity
3
10%
30%
100%
note 2

- Low Intensity
1
100%
100%
100%
100%

Runway Identification Lights (RILS)
3
OFF
OFF or 30%
100%
note 3

1
OFF
OFF or 100%
100%

Wind Direction Indicator
1
100%
100%
100%
100%

Aerodrome Beacon
1
100%
100%
100%
100%

Note 1: 
Medium intensity approach lighting shall not be controlled by a system employing only one intensity selection except for Omni Directional Approach Lighting Systems (ODALS).

Note 2: 
These systems shall not be controlled by a system employing only one intensity selection.

Note 3: 
These fixtures may be set at 10%, 100% or OFF.

Subpart 2 — Airports

[SOR/2007-87, s. 6]
Division I — General

[SOR/2006-85, s. 2]
Application

302.01 (1) Subject to subsection (2), this Subpart applies in respect of

(a) an aerodrome that is located within the built-up area of a city or town;
(b) a land aerodrome that is used by an air operator for the purpose of a scheduled service for the transport of passengers; and
(c) any other aerodrome, other than an aerodrome referred to in subsection (2), in respect of which the Minister is of the opinion that meeting the requirements necessary for the issuance of an airport certificate would be in the public interest and would further the safe operation of the aerodrome.

(2) This Subpart does not apply in respect of

(a) a military aerodrome;
(b) a land aerodrome referred to in paragraph (1)(b) where the Minister has issued a written authorization for each air operator using the aerodrome to land at and take-off from the aerodrome; or
(c) heliports.

(3) The Minister shall issue an authorization referred to in paragraph (2)(b) where it is possible to specify conditions in the authorization that will ensure a level of safety in respect of the use of the aerodrome that is equivalent to the level of safety established by this Subpart, and, in any such authorization, the Minister shall specify those conditions.

SOR/2007-87, s. 7.
Previous Version

Application for Airport Certificate

302.02 (1) An applicant for an airport certificate shall submit to the Minister for approval

(a) an application for an airport certificate; and
(b) a copy of the proposed airport operations manual in respect of the airport.

(2) The application referred to in paragraph (1)(a) shall be signed, in ink, by the applicant and shall be in the form set out in the aerodrome standards and recommended practices publications.

Issuance of Airport Certificate

302.03 (1) Subject to subsection 6.71(1) of the Act, the Minister shall issue an airport certificate to an applicant authorizing the applicant to operate an aerodrome as an airport if the proposed airport operations manual, submitted pursuant to paragraph 302.02(1)(b), is approved by the Minister pursuant to subsection (2) and

(a) the standards set out in the aerodrome standards and recommended practices publications are met; or

(b) on the basis of an aeronautical study, the Minister determines that

(i) the level of safety at the aerodrome is equivalent to that provided for by the standards set out in the aerodrome standards and recommended practices publications, and
(ii) the issuance of the airport certificate is in the public interest and not detrimental to aviation safety.

(2) The Minister shall approve a proposed airport operations manual if it

(a) accurately describes the physical specifications of the aerodrome; and
(b) conforms to the requirements set out in the aerodrome standards and recommended practices publications that apply in respect of an airport operations manual.

(3) Where an aerodrome does not meet a standard set out in the aerodrome standards and recommended practices publications, the Minister may specify in the airport certificate such conditions relating to the subject-matter of the standard as are necessary to ensure a level of safety equivalent to that established by the standard and as are necessary in the public interest and to ensure aviation safety.

Transfer of Airport Certificate

302.04 (1) When an airport certificate is transferred, it shall be transferred in accordance with this section.

(2) The Minister shall transfer an airport certificate to a transferee where

(a) the current holder of the airport certificate, at least 14 days before ceasing to operate the airport, notifies the Minister in writing that the current holder will cease to operate the airport as of the date specified in the notice;
(b) the current holder of the airport certificate notifies the Minister in writing of the name of the transferee;
(c) the transferee applies in writing to the Minister, within 14 days before the current holder ceases to operate the airport, for the airport certificate to be transferred to the transferee; and
(d) the requirements set out in section 302.03 are met.

(3) An application referred to in paragraph (2)(c) shall include a copy of the notice referred to in paragraph (2)(a).

Interim Airport Certificate

302.05 (1) The Minister may, by mail, telex or facsimile machine, issue to an applicant referred to in section 302.03 or a transferee referred to in section 302.04 an interim airport certificate authorizing the applicant or transferee to operate an aerodrome as an airport if the Minister is satisfied that

(a) an airport certificate in respect of the aerodrome will be issued to the applicant or transferred to the transferee as soon as the application procedure in respect of the issuance or transfer is completed; and
(b) the issuance of the interim airport certificate is in the public interest and not detrimental to aviation safety.

(2) An interim airport certificate issued pursuant to subsection (1) expires on the earlier of

(a) the date on which the airport certificate is issued or transferred, and
(b) the date specified in the interim airport certificate on which it will expire.

(3) Except for paragraph 302.02(1)(b), subsections 302.03(1) and (2) and section 302.08, this Subpart applies in respect of an interim airport certificate in the same manner as it applies in respect of an airport certificate.

Amendment and Cancellation of Airport Certificate

302.06 (1) The Minister may, if the requirements of section 302.03 and paragraph 302.08(1)(c) are met, amend an airport certificate where

(a) there is a change in the use or operation of the airport;
(b) there is a change in the boundaries of the airport; or
(c) the holder of the airport certificate requests the amendment.

(2) The Minister shall cancel an airport certificate where this Subpart no longer applies in respect of the aerodrome referred to in the airport certificate, as determined in accordance with section 302.01.

Obligations of Operator

302.07 (1) The operator of an airport shall

(a) comply

(i) subject to subparagraph (ii), with the standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the airport certificate was issued,
(ii) in respect of any part or facility of the airport that has been replaced or improved, with the standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the part or facility was returned to service, and
(iii) with any conditions specified in the airport certificate by the Minister pursuant to subsection 302.03(3);

(b) without charge, at the request of a Department of Transport inspector, allow access to airport facilities and provide the equipment necessary to conduct an inspection of the airport;
(c) review each issue of each aeronautical information publication on receipt thereof and, immediately after such review, notify the Minister of any inaccurate information contained therein that pertains to the airport;
(d) notify the Minister in writing at least 14 days before any change to the airport, the airport facilities or the level of service at the airport that has been planned in advance and that is likely to affect the accuracy of the information contained in an aeronautical information publication;

(e) as the circumstances require for the purpose of ensuring aviation safety, inspect the airport

(i) as soon as practicable after any aviation occurrence, as that term is defined in section 2 of the Canadian Transportation Accident Investigation and Safety Board Act,
(ii) during any period of construction or repair of the airport or of airport facilities that are designated in the airport certificate, and
(iii) at any other time when there are conditions at the airport that could be hazardous to aviation safety;

(f) subject to paragraph (d), notify the Minister in writing of any change in airport operations within 14 days after the date of the change; and
(g) assign duties on the movement area and any other area set aside for the safe operation of aircraft, including obstacle limitation surfaces, at the airport, which are described in the airport operations manual, only to employees who have successfully completed a safety-related initial training course on human and organizational factors.

(2) Subject to subsection (3), the operator of an airport shall give to the Minister, and cause to be received at the appropriate air traffic control unit or flight service station, immediate notice of any of the following circumstances of which the operator has knowledge:

(a) any projection by an object through an obstacle limitation surface relating to the airport;
(b) the existence of any obstruction or hazardous condition affecting aviation safety at or in the vicinity of the airport;
(c) any reduction in the level of services at the airport that are set out in an aeronautical information publication;
(d) the closure of any part of the manoeuvring area of the airport; and
(e) any other conditions that could be hazardous to aviation safety at the airport and against which precautions are warranted.

(3) Where it is not feasible for an operator to cause notice of a circumstance referred to in subsection (2) to be received at the appropriate air traffic control unit or flight service station, the operator shall give immediate notice directly to the pilots who may be affected by that circumstance.
(4) The operator of an airport may remove from the surface of the airport any vehicle or other obstruction that is likely to be hazardous to aviation safety at or in the vicinity of the airport.

SOR/2007-290, s. 8.
Previous Version

Airport Operations Manual

302.08 (1) The operator of an airport shall

(a) on the issuance of an airport certificate, provide the Minister with a copy of the airport operations manual, as approved by the Minister pursuant to subsection 302.03(2), and distribute copies of the applicable portions to the persons and institutions referred to in the airport operations manual;
(b) maintain the airport operations manual; and
(c) submit to the Minister for approval any proposed amendment to the airport operations manual.

(2) The provisions of this Subpart that apply in respect of the making of an airport operations manual also apply in respect of any amendment to an airport operations manual.
(3) An airport operations manual shall set out the standards to be met and the services to be provided by an airport operator.

(4) An airport operations manual shall contain

(a) a table of contents;

(b) any information relating to the administration of the airport, including

(i) a record of any amendments to the airport operations manual,
(ii) a list of holders of copies of the airport operations manual or of portions thereof,
(iii) a description of the procedure for amendment of the airport operations manual,
(iv) a description of the organizational structure and operational procedures of the airport management,
(v) an enumeration of the obligations of the operator referred to in section 302.07,
(vi) an undertaking, signed by the operator, in respect of the operator’s obligations under paragraphs 302.07(1)(c) and (d),
(vii) a statement, signed by the operator, certifying that the airport operations manual is complete and accurate, and that the operator agrees to comply with all of the conditions and specifications referred to therein,
(viii) a statement, signed by the Minister, that the Minister has approved the airport operations manual and any amendments thereto, and
(ix) a copy of any agreement or memorandum of understanding that affects the operation of the airport;

(c) all of the information necessary to verify that the airport meets the applicable standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the airport certificate was issued, and satisfies any conditions specified by the Minister pursuant to subsection 302.03(3) in respect of

(i) physical characteristics,
(ii) obstacle limitation surfaces,
(iii) declared distances,
(iv) lighting,
(v) markers,
(vi) markings,
(vii) signs,
(viii) emergency response measures,
(ix) airport safety measures,
(x) access to the movement area and control procedures, and
(xi) apron management plans and apron safety plans;

(d) an enumeration of the facilities and services provided and the measures in effect at the airport, including

(i) movement area maintenance services,
(ii) measures for the removal of disabled aircraft,
(iii) air traffic services and aeronautical information and communication services,
(iv) navigation aids, and
(v) aviation weather services;

(e) a description of movement area services and facilities provided at the discretion of the operator; and

(f) with respect to the safety management system required under section 107.02,

(i) a description of the system’s components specified in section 302.502, and
(ii) a list of the titles, dates and locations of any documents that are not in the airport operations manual and that describe how the operator is meeting its obligations with respect to the safety management system.

(5) The operator of an airport shall operate the airport in accordance with the airport operations manual.

SOR/2007-290, s. 9.
Previous Version

Warning Notices

302.09 Where low-flying or taxiing aircraft at or in the vicinity of an airport are likely to be hazardous to pedestrian or vehicular traffic, the operator of the airport shall immediately

(a) post notices warning of the hazard on any public way that is adjacent to the manoeuvring area; or
(b) where such a public way is not owned or controlled by the operator, inform the authorities responsible for posting notices on the public way that there is a hazard.

Prohibitions

302.10 No person shall

(a) operate an aerodrome referred to in subsection 302.01(1) unless an airport certificate is issued in respect of that aerodrome;
(b) knowingly use an airport in a manner contrary to a condition set out in the airport certificate;

(c) walk, stand, drive a vehicle, park a vehicle or aircraft or cause an obstruction on the movement area of an airport, except in accordance with permission given

(i) by the operator of the airport, and
(ii) where applicable, by the appropriate air traffic control unit or flight service station;

(d) operate any vessel, or cause any obstruction, on the surface of any part of a water area of an airport that is to be kept clear of obstructions in the interest of aviation safety, when ordered, by signal or otherwise, to leave or not to approach that area by the appropriate air traffic control unit or flight service station or by the operator of the airport;
(e) tow an aircraft on an active movement area at night unless the aircraft displays operating wingtip, tail and anti-collision lights or is illuminated by lights mounted on the towing vehicle and directed at the aircraft being towed;
(f) park or otherwise leave an aircraft on an active manoeuvring area at night unless the aircraft displays operating wingtip, tail and anti-collision lights or is illuminated by lanterns suspended from the wingtips, tail and nose of the aircraft;

(g) at an airport, knowingly remove, deface, extinguish or interfere with a marker, marking, light or signal that is used for the purpose of air navigation, except in accordance with permission given

(i) by the operator of the airport, and
(ii) where applicable, by the appropriate air traffic control unit or flight service station;

(h) at or in the vicinity of an airport, knowingly display a marker, marking, sign, light or signal that is likely to be hazardous to aviation safety by causing glare or by causing confusion with or preventing clear visual perception of a marker, marking, sign, light or signal that is required under this Subpart;
(i) allow a bird or other animal that is owned by the person or that is in the person’s custody or control to be unrestrained within the boundaries of an airport, except for the purpose of controlling other birds or animals at the airport as permitted by the operator; or
(j) discharge a firearm within or into an airport without the permission of the operator of the airport.

Fire Prevention

302.11 (1) Subject to subsections (2) to (4), no person shall, at an airport, smoke or display an open flame

(a) on an apron;
(b) on an aircraft loading bridge or on a gallery or balcony that is contiguous to or that overhangs an apron; or
(c) in an area where smoking or an open flame is likely to create a fire hazard that could endanger persons or property.

(2) The operator of an airport may display flare pots to provide temporary lighting for the take-off or landing of aircraft.
(3) The operator of an airport may, in writing, authorize maintenance or servicing operations on an apron that involve the use, production or potential development of an open flame or that involve the production or potential development of a spark where the operations are conducted in a manner that is not likely to create a fire hazard that could endanger persons or property.
(4) The operator of an airport may permit smoking in an enclosed building or shelter located on an apron where such smoking is not likely to create a fire hazard that could endanger persons or property.

[302.12 to 302.200 reserved]
Division II — Airport Emergency Planning

Interpretation

302.201 The following definitions apply in this Division.

community organization
community organization means an organization, corporation, department or public service. (organisme communautaire)
emergency coordination centre
emergency coordination centre means a designated area to be used in supporting and coordinating emergency operations and whose location is specified under paragraph 302.203(1)(r). (centre de coordination des urgences)
full emergency standby
full emergency standby means attendance at an emergency scene and preparedness to respond at the necessary level when an aircraft has, or may have, an operational problem that affects flight operations to the extent that there is a possibility of an accident. (état d’alerte complet)
on-scene controller
on-scene controller means the person identified in an airport emergency plan as being responsible for the overall coordination of the response at an emergency scene. (coordonnateur sur place)
table top exercise
table top exercise means an exercise requiring the participation of the community organizations and other resources identified in an airport emergency plan to review and coordinate their respective roles, responsibilities and response actions without actually activating the plan. (exercice en salle)

SOR/2007-262, s. 2;
SOR/2015-160, s. 4.

Previous Version

Airport Emergency Plan

General

302.202 (1) After consultation with a representative sample of the air operators that use the airport and with community organizations that may be of assistance during emergency operations at the airport or in its vicinity, the operator of an airport shall develop and maintain an emergency plan for the purpose of identifying

(a) the emergencies that can reasonably be expected to occur at the airport or in its vicinity and that could be a threat to the safety of persons or to the operation of the airport;
(b) the measures to activate the emergency plan for each type of emergency;
(c) the community organizations capable of providing assistance in an emergency; and
(d) any additional resources available at the airport and in the surrounding area.

(2) The operator of an airport shall establish a degree of supervision and control sufficient to manage the size and complexity of an emergency.

(3) The operator of an airport shall

(a) maintain at the airport, in the format of a manual, a copy of an updated version of the emergency plan; and
(b) provide a copy to the Minister on request.

(4) The operator of an airport shall

(a) update the emergency plan as necessary to ensure its effectiveness in emergency operations; and
(b) review the plan and make any required updates at least once a year after consultation with a representative sample of the air operators that use the airport and the community organizations identified in the plan.

SOR/2007-262, s. 2.

Content

302.203 (1) In an emergency plan, the operator of an airport shall, at a minimum,

(a) identify the potential emergencies, including

(i) an aircraft accident or incident

(A) within the airport boundaries, and
(B) within a critical rescue and fire-fighting access area that extends 1000 m beyond the ends of a runway and 150 m at 90° outwards from the centreline of the runway, including any part of that area outside the airport boundaries,

(ii) an aircraft emergency declared by either air traffic services or a pilot,
(iii) a fuel spill that spreads at least 1.5 m in any direction or exceeds 12 mm in depth,
(iv) a medical emergency,
(v) a fire in which airport operations or passenger safety is threatened,
(vi) an emergency that is related to a special aviation event and that might have an impact on airport operations,
(vii) a natural disaster, and
(viii) any other emergency that is a threat or is likely to be a threat to the safety of persons or to the operation of the airport;

(b) identify the organizations at the airport and the community organizations that are capable of providing assistance during an emergency at an airport or in its vicinity, provide the telephone numbers and other contact information for each organization and describe the type of assistance each can provide;
(c) identify the other resources available at the airport and in the surrounding communities for use during emergency response or recovery operations and provide their telephone numbers and other contact information;
(d) describe for emergency situations the lines of authority and the relationships between the organizations identified in the emergency plan and describe how actions will be coordinated among all and within each of the organizations;
(e) identify for emergency situations the supervisors and describe the responsibilities of each;
(f) specify the positions occupied by the airport personnel who will respond to an emergency and describe the specific emergency response duties of each;
(g) identify the on-scene controller and describe the controller’s emergency response duties;
(h) provide authorization for a person to act as an on-scene controller or a supervisor if they are not airport personnel;
(i) set out the criteria to be used for positioning the on-scene controller within visual range of an emergency scene;
(j) set out the measures to be taken to make the on-scene controller easily identifiable at all times by all persons responding to an emergency;
(k) if initial on-scene control has been assumed by a person from a responding organization, describe the procedure for transferring control to the on-scene controller;
(l) describe any training and qualifications required for the on-scene controller and the airport personnel identified in the emergency plan;
(m) describe the method for recording any training provided to the on-scene controller and airport personnel;

(n) describe the communication procedures and specify the radio frequencies to be used to link the operator of the airport with

(i) the on-scene controller, and
(ii) the providers of ground traffic control services and air traffic control services at the airport;

(o) describe the communication procedures allowing the on-scene controller to communicate with the organizations identified in the emergency plan;

(p) identify the alerting procedures that

(i) activate the emergency plan,
(ii) establish the necessary level of response,
(iii) allow immediate communication with the organizations identified in the emergency plan in accordance with the required level of response,
(iv) if applicable, confirm the dispatch of each responding organization,
(v) establish the use of standard terminology in communications, and
(vi) establish the use of the appropriate radio frequencies as set out in the emergency plan;

(q) specify

(i) the airport communication equipment testing procedures,
(ii) a schedule for the testing, and
(iii) the method of keeping records of the tests;

(r) for airports designated under Subpart 3, specify the location of the emergency coordination centre used to provide support to the on-scene controller;
(s) describe the measures for dealing with adverse climatic conditions and darkness for each potential emergency set out in paragraph (a);
(t) describe the procedures to assist persons who have been evacuated if their safety is threatened or airside operations are affected;

(u) describe the procedures respecting the review and confirmation of the following to permit the return of the airport to operational status after an emergency situation:

(i) emergency status reports,
(ii) coordination with the coroner and the investigator designated by the Transportation Safety Board of Canada regarding the accident site conditions,
(iii) disabled aircraft removal,
(iv) airside inspection results,
(v) accident or incident site conditions, and
(vi) air traffic services and NOTAM coordination;

(v) describe the procedures for controlling vehicular flow during an emergency to ensure the safety of vehicles, aircraft and persons;

(w) specify the procedures for issuing a NOTAM in the event of

(i) an emergency affecting the critical category for fire fighting required under section 303.07, or
(ii) changes or restrictions in facilities or services at the airport during and after an emergency;

(x) describe the procedures for preserving evidence as it relates to

(i) aircraft or aircraft part removal, and
(ii) the site of the accident or incident in accordance with the Canadian Transportation Accident Investigation and Safety Board Act;

(y) describe the procedures to be followed, after any exercise set out in section 302.208 or the activation of the plan for an emergency that requires a full emergency standby, in the following cases:

(i) a post-emergency debriefing session with all participating organizations,
(ii) the recording of the minutes of the debriefing session,
(iii) an evaluation of the effectiveness of the emergency plan to identify deficiencies,
(iv) changes, if any, to be made in the emergency plan, and
(v) partial testing subsequent to the modification of an emergency plan;

(z) describe

(i) the process for an annual review and update of the emergency plan, and
(ii) the administrative procedure for the distribution of copies of an updated version of the emergency plan to the airport personnel who require them and to the community organizations identified in the plan; and

(z.1) describe the procedures to assist in locating an aircraft when the airport receives notification that an ELT has been activated.

(2) The operator of an airport shall include a copy of the following documents in the emergency plan:

(a) the signed agreements, if any, between the airport operator and the community organizations that provide emergency response services to the airport; and
(b) an airport grid map.

SOR/2007-262, s. 2.

On-scene Controller

302.204 The on-scene controller shall be at the emergency site and shall not have other duties during an emergency, unless the life of a person is in danger nearby and the on-scene controller is alone and has the ability to assist the person.
SOR/2007-262, s. 2.

302.205 The operator of an airport shall establish procedures that make the on-scene controller easily identifiable by all persons responding to an emergency.
SOR/2007-262, s. 2.

Aircraft Crash Charts and Airport Grid Maps

302.206 (1) For aircraft operating in a passenger or cargo configuration, the operator of an airport shall make available to the emergency coordination centre aircraft crash charts specific to the aircraft used by the air operators that use the airport, and shall provide copies of the charts to

(a) the organizations responsible for fire-fighting services that are identified in the emergency plan; and
(b) the on-scene controller.

(2) In the case of aircraft that have or may have a seating configuration of not more than nine passenger seats, the operator of an airport may use, instead of the aircraft crash charts referred to in subsection (1), other documents containing equivalent information.

(3) The operator of an airport shall develop and review and update annually, if necessary, an airport grid map that includes a minimum of

(a) an area covering at least one kilometre around each runway;
(b) the airport access roads and gates; and
(c) the location of rendezvous points to which persons and vehicles that are responding to an emergency situation proceed in order to receive instructions.

(4) The operator of an airport shall provide copies of the airport grid map to the airport personnel who must have one and the organizations identified in the emergency plan.

SOR/2007-262, s. 2;
SOR/2015-160, s. 5(F).

Previous Version

Personnel and Training

302.207 (1) The operator of an airport shall assign specific emergency response duties, other than those of an on-scene controller or a supervisor, only to those airport personnel who are identified in the emergency plan and who

(a) are knowledgeable of their duties as described in the plan; and
(b) have the skills to carry out their duties.

(2) The operator of an airport shall assign to act as an on-scene controller or a supervisor only those airport personnel, or other persons authorized by the operator in the emergency plan, who are

(a) knowledgeable about the contents of the emergency plan;
(b) familiar with the procedures for the overall coordination of emergency operations at an emergency site; and
(c) trained for the particular role that they perform.

(3) The operator of an airport shall

(a) keep records of the training that was received by persons to meet the requirements of subsections (1) and (2);
(b) preserve the records of training for three years after the day on which the training was received; and
(c) submit a copy of the training records to the Minister on request.

SOR/2007-262, s. 2;
SOR/2015-160, s. 6(F).

Previous Version

Testing of the Emergency Plan

302.208 (1) In this section, international service has the same meaning as in subsection 55(1) of the Canada Transportation Act.

(2) The operator of an airport shall test the emergency plan by conducting a full-scale exercise

(a) for the airports designated by the Minister in the Canada Flight Supplement to be used by international service, at intervals not exceeding two years; and
(b) for other airports, at intervals not exceeding four years.

(3) The operator of an airport shall conduct full-scale exercises based on scenarios that relate to a major aircraft accident and, at a minimum, the exercises shall include the assembly and deployment of fire-fighting, policing and medical services organizations.
(4) The operator of an airport shall conduct a table top exercise each year in which no full-scale exercise is conducted.

(5) The operator of an airport, when conducting a table top exercise, shall have

(a) an up-to-date list of the participants and their telephone numbers and the radio frequencies used to communicate;
(b) fully operational communication equipment; and
(c) a copy of the airport grid map.

(6) The operator of an airport shall base the table top exercises on scenarios that include an aircraft accident or incident.
(7) The operator of an airport shall provide the Minister with a notice in writing of the date and time when a table top or full-scale exercise is to be carried out at least 60 days before the day of the exercise.
(8) The Minister may observe the testing of an emergency plan.
(9) After each exercise, the operator of an airport shall conduct a debriefing with all the organizations identified in the plan and a representative of the airport personnel who participated to evaluate the effectiveness of the emergency plan and identify deficiencies.
(10) The operator of an airport shall implement an action plan to correct any deficiencies in the emergency plan that were identified during a debriefing session.
(11) The operator of an airport shall conduct partial exercises to assess proposed changes in the plan in order to correct deficiencies.

(12) The operator of an airport shall record

(a) the date of an exercise;
(b) the type of exercise;
(c) the minutes of the debriefing session after the exercise; and
(d) any action plans to correct deficiencies that were identified during a debriefing session.

(13) The operator of an airport shall keep an exercise record for 10 years after the day on which the record is made.
(14) The operator of an airport shall submit debriefing minutes and corrective action plans relating to an exercise to the Minister on request.

SOR/2007-262, s. 2.

Authorization

302.209 The Minister may, on application by the operator of an airport, provide to the operator written authorization not to conduct the full-scale exercise during an interval set out in paragraph 302.208(2)(a) or (b) if the operator demonstrates that the testing requirements for a full-scale exercise have been met through an activation of the emergency plan in response to an emergency during that interval.
SOR/2007-262, s. 2.

[302.210 to 302.300 reserved]
Division III — Airport Wildlife Planning and Management

Interpretation

302.301 In this Division,

waste disposal facility
waste disposal facility means a landfill site, garbage dump, waste transfer and sorting facility, recycling and composting facility or commercial fish processing plant; (installation d’élimination des déchets)
wildlife strike
wildlife strike means a collision between an aircraft and wildlife. (impact faunique)

SOR/2006-85, s. 3.

Application

302.302 (1) Subject to subsection (2), this Division applies to airports

(a) that, within the preceding calendar year, had 2 800 movements of commercial passenger-carrying aircraft operating under Subpart 4 or 5 of Part VII;
(b) that are located within a built-up area;
(c) that have a waste disposal facility within 15 km of the geometric centre of the airport;
(d) that had an incident where a turbine-powered aircraft collided with wildlife other than a bird and suffered damage, collided with more than one bird or ingested a bird through an engine; or
(e) where the presence of wildlife hazards, including those referred to in section 322.302 of the Airport Standards-Airport Wildlife Planning and Management, has been observed in an airport flight pattern or movement area.

(2) Section 302.303 applies to all airports.

SOR/2006-85, s. 3;
SOR/2015-160, s. 7(F).

Previous Version

Wildlife Strikes

302.303 (1) The operator of an airport shall keep records of all wildlife strikes at the airport, including those reported by

(a) pilots;
(b) ground personnel; and
(c) aircraft maintenance personnel when they identify damage to an aircraft as having been caused by a wildlife strike.

(2) Wildlife remains that are found within 200 feet of a runway or an airside pavement area are presumed to be the result of a wildlife strike unless another cause of death is identified.

(3) The operator of the airport shall submit a written and dated report to the Minister

(a) for each wildlife strike, within 30 days of its occurrence; or
(b) for all wildlife strikes that occur in a calendar year, before March 1 of the following calendar year.

SOR/2006-85, s. 3;
SOR/2015-160, s. 8.

Previous Version

Risk Analysis

302.304 (1) The operator of an airport shall collect information in respect of the requirements set out in section 322.304 of the Airport Standards-Airport Wildlife Planning and Management.
(2) The operator of the airport shall, after consultation with a representative sample of the operators in respect of an aircraft, air operators and private operators that use the airport, conduct a risk analysis that evaluates the collected information.

(3) The risk analysis shall be in writing and include

(a) an analysis of the risks associated with the wildlife hazards, including those referred to in section 322.302 of the Airport Standards-Airport Wildlife Planning and Management; and
(b) the measures that are necessary to manage or remove the hazards or to manage or mitigate the risks.

(4) The operator of the airport shall, at the request of the Minister, make the risk analysis available for inspection.

SOR/2006-85, s. 3.

Airport Wildlife Management Plan

General

302.305 (1) The operator of an airport shall develop an airport wildlife management plan in accordance with section 322.305 of the Airport Standards-Airport Wildlife Planning and Management.
(2) The operator of the airport shall submit the plan to the Minister, on request by the Minister, in accordance with the requirements set out in subsection 322.305(2) of the Airport Standards-Airport Wildlife Planning and Management.
(3) The operator of the airport shall keep a copy of the plan at the airport and it shall, on request by the Minister, be made available to the Minister.
(4) The operator of the airport shall implement the plan.
(5) The operator of the airport shall review the plan every two years.

(6) The operator of the airport shall amend the plan and submit the amended plan to the Minister within 30 days of the amendment if

(a) the amendment is necessary as a result of the review conducted under subsection (5);
(b) an incident has occurred in which a turbine-powered aircraft collided with wildlife other than a bird and suffered damage, collided with more than one bird or ingested a bird through an engine;
(c) a variation in the presence of wildlife hazards, including those referred to in section 322.302 of the Airport Standards-Airport Wildlife Planning and Management, has been observed in an airport flight pattern or movement area; or

(d) there has been a change

(i) in the wildlife management procedures or in the methods used to manage or mitigate wildlife hazards,
(ii) in the types of aircraft at the airport, or
(iii) in the types of aircraft operations at the airport.

SOR/2006-85, s. 3.
Previous Version

Content

302.306 An airport wildlife management plan shall

(a) identify and describe the risks associated with all wildlife hazards, including those referred to in section 322.302 of the Airport Standards-Airport Wildlife Planning and Management, at or near the airport that might affect the safe operation of aircraft, including the proximity of any waste disposal facility or migration route affecting wildlife populations near the airport;
(b) specify the particular measures that are used by the operator of the airport to manage or mitigate the risks;
(c) identify and describe the actions that are used by the operator of the airport to satisfy the requirements set out in section 322.306 of the Airport Standards-Airport Wildlife Planning and Management in respect of firearm certificates and permits, wildlife control permits, wildlife strikes, wildlife management logs, and evaluations of habitats, land uses and food sources at or near the airport;
(d) set out a policy for the management of airport habitats that might attract wildlife;
(e) set out a policy that prohibits the feeding of wildlife and the exposure of food wastes;
(f) set out a procedure to ensure that all endangered or protected wildlife at the airport are inventoried;
(g) identify the role of the personnel and agencies involved in wildlife management issues and provide the contact numbers for each; and
(h) provide details of any wildlife hazard awareness program.

SOR/2006-85, s. 3.

Training

302.307 (1) The operator of an airport shall

(a) provide any person who has duties in respect of the airport wildlife management plan with training at least once every five years regarding their assigned duties and the matters set out in section 322.307 of the Airport Standards-Airport Wildlife Planning and Management; and
(b) ensure that any person who has duties in respect of the airport wildlife management plan holds any required firearm permit.

(2) The operator of the airport shall maintain a record of each person’s training for a period of five years and provide the Minister with a copy of any record, if requested.

SOR/2006-85, s. 3;
SOR/2015-160, s. 9.

Previous Version

Communication and Alerting Procedure

302.308 The operator of an airport shall establish a communication and alerting procedure for wildlife management personnel in accordance with section 322.308 of the Airport Standards-Airport Wildlife Planning and Management to alert pilots as soon as possible of the wildlife hazards at the airport and the risks associated with those hazards.
SOR/2006-85, s. 3.

[302.309 to 302.400 reserved]
Division IV — Reserved

[SOR/2007-290, s. 10]
[302.401 to 302.499 reserved]
Division V — Safety Management System

Application

302.500 (1) This Division applies to an applicant for, or a holder of, an airport certificate issued under section 302.03 in respect of the following airports:

(a) Calgary International;
(b) Edmonton International;
(c) Gander International;
(d) Halifax Robert L. Stanfield International;
(e) Montréal — Pierre Elliott Trudeau International;
(f) Ottawa Macdonald-Cartier International;
(g) St. John’s International;
(h) Toronto / Lester B. Pearson International;
(i) Vancouver International; and
(j) Winnipeg James Armstrong Richardson International.

(2) On and after January 1, 2009, this Division applies to an applicant for, or a holder of, an airport certificate issued under section 302.03.

SOR/2007-290, s. 10.

Requirements

302.501 The safety management system required under section 107.02 in respect of an applicant for, or a holder of, an airport certificate shall

(a) meet the requirements of Subpart 7 of Part I and section 302.502; and
(b) be under the control of the accountable executive appointed under paragraph 106.02(1)(a).

SOR/2007-290, s. 10.

Components of the Safety Management System

302.502 The safety management system shall include, among others, the following components:

(a) a safety management plan that includes

(i) a safety policy that the accountable executive has approved and communicated to all employees,
(ii) the roles and responsibilities of personnel assigned duties under the safety management system,
(iii) performance goals and a means of measuring attainment of those goals,
(iv) a policy for the internal reporting of hazards, incidents and accidents, including the conditions under which immunity from disciplinary action will be granted, and
(v) a process for reviewing the safety management system to determine its effectiveness;

(b) procedures for reporting hazards, incidents and accidents to the appropriate manager;
(c) procedures for the collection of data relating to hazards, incidents and accidents;
(d) procedures for the exchange of information in respect of hazards, incidents and accidents among the operators of aircraft and the provider of air traffic services at the airport and the airport operator;
(e) procedures for analysing data obtained under paragraph (c) and during an audit conducted under a quality assurance program required under paragraph 107.03(g) and for taking corrective actions;
(f) training requirements for the person managing the safety management system and for personnel assigned duties under the safety management system;
(g) procedures for making progress reports to the accountable executive at intervals determined by the accountable executive and other reports as needed in urgent cases; and
(h) procedures for involving employees in the implementation and ongoing development of the safety management system.

SOR/2007-290, s. 10.

Quality Assurance Program

302.503 (1) The quality assurance program required under paragraph 107.03(g) in respect of an applicant for, or a holder of, an airport certificate shall include a process for quality assurance that includes periodic reviews or audits of the activities authorized under a certificate and reviews or audits, for cause, of those activities.
(2) The holder of an airport certificate shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the policies and procedures specified in the airport operations manual.

(3) The holder of an airport certificate shall establish an audit system in respect of the quality assurance program that consists of the following:

(a) an initial audit conducted within 12 months after

(i) in the case of an airport specified in subsection 302.500(1), the later of January 1, 2008 and the day on which the airport certificate is issued, and
(ii) in the case of any other airport, the later of January 1, 2009 and the day on which the airport certificate is issued;

(b) an audit of the entire quality assurance program carried out every three years, calculated from the initial audit, in one of the following ways:

(i) a complete audit, or
(ii) a series of audits conducted at intervals set out in the airport operations manual;

(c) checklists of all activities controlled by the airport operations manual;
(d) a record of each occurrence of compliance or non-compliance with the airport operations manual found during an audit referred to in paragraph (a) or (b);
(e) procedures for ensuring that each finding of an audit is communicated to the accountable executive;
(f) follow-up procedures for ensuring that corrective actions are effective; and
(g) a system for recording the findings of an audit referred to in paragraph (a) or (b), corrective actions and follow-ups.

(4) The records resulting from a system required under paragraph (3)(g) shall be retained for the greater of

(a) two audit cycles, and
(b) two years.

(5) The duties related to the quality assurance program that involve specific tasks or activities among the activities of an airport shall be fulfilled by persons who are not responsible for carrying out those tasks or activities unless

(a) the size, nature and complexity of the operations and activities authorized under the airport certificate justify the fulfilling of those duties by the person responsible for carrying out those tasks or activities;
(b) the holder of the airport certificate demonstrates to the Minister, by means of a risk analysis, that the fulfilling of those duties by the person responsible for carrying out those tasks or activities will not result in an unacceptable risk to aviation safety; and
(c) the holder of the airport certificate provides the Minister, in writing, with the information required under paragraphs (a) and (b).

SOR/2007-290, s. 10.

Duties of the Certificate Holder

302.504 The holder of an airport certificate shall

(a) ensure that corrective actions are taken in respect of any findings resulting from the safety management system referred to in section 302.501;
(b) appoint a person to manage the safety management system; and
(c) ensure that the person managing the safety management system performs the duties required under section 302.505.

SOR/2007-290, s. 10.

Person Managing the Safety Management System

302.505 (1) The person managing the safety management system shall

(a) establish and maintain a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety;
(b) identify hazards and carry out risk management analyses of those hazards;
(c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system;
(d) establish and maintain a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents;
(e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents;
(f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the holder of the airport certificate; and
(g) determine the adequacy of the training required by paragraph 302.502(f).

(2) The person managing the safety management system shall, if a finding resulting from the safety management system referred to in section 302.501 is reported to them,

(a) determine what, if any, corrective actions are required and carry out those actions;
(b) keep a record of any determination made under paragraph (a) and the reason for it;
(c) if management functions have been assigned to another person under subsection (3), communicate any determination regarding a corrective action to that person; and
(d) notify the certificate holder of any systemic deficiency and of the corrective action taken.

(3) The person managing the safety management system may assign the management functions for the safety management system referred to in section 302.501 to another person if the assignment and its scope are described in the airport operations manual.
(4) The person to whom management functions have been assigned under subsection (3) shall notify the person managing the safety management system of any systemic deficiency and of the corrective action taken.
(5) The responsibility of the accountable executive is not affected by the appointment of a person to manage the safety management system under paragraph 302.504(b) or the assignment of management functions to another person under subsection (3).

SOR/2007-290, s. 10.

Subpart 3 — Aircraft Rescue and Fire Fighting at Airports and Aerodromes

[SOR/2003-58, s. 2]
Division I — General

Interpretation

303.01 In this Subpart,

aircraft category for fire fighting
aircraft category for fire fighting means an aircraft category, determined in accordance with section 303.05 for the purpose of fighting fires involving aircraft; (catégorie d’aéronefs — SLIA)
aircraft emergency
aircraft emergency[Repealed, SOR/2002-226, s. 2]
aircraft fire-fighting standards
aircraft fire-fighting standards means the Aerodrome and Airport Standards respecting Aircraft Fire Fighting at Airports and Aerodromes published under the authority of the Minister; (normes de lutte contre les incendies d’aéronefs)
critical category for fire fighting

critical category for fire fighting means the aircraft category that

(a) in respect of a designated airport, is determined in accordance with section 303.07 for the purpose of establishing the required level of service for fighting fires involving aircraft at the airport, and
(b) in respect of a participating airport or aerodrome, is specified for the airport or aerodrome in the Canada Flight Supplement and corresponds to the level of service for fighting fires involving aircraft at that airport or aerodrome; (catégorie critique — SLIA)

designated airport
designated airport[Repealed, SOR/2006-86, s. 2]
in response posture
in response posture means, in respect of personnel, in a location at or near the airport or aerodrome that will permit an operator to obtain a satisfactory result in a response test referred to in subsection 303.18(4); (en position d’intervention)
participating airport or aerodrome
participating airport or aerodrome means an airport, other than a designated airport, or an aerodrome, for which a critical category for fire fighting is specified in the Canada Flight Supplement. (aéroport ou aérodrome participant)
rescue
rescue means the act of evacuating persons from an aircraft involved in an aircraft accident or incident at an airport by means of fire suppression and then, if circumstances permit, aircraft entry. (sauvetage)

SOR/97-518, s. 2;
SOR/2002-226, s. 2;
SOR/2003-58, s. 3;
SOR/2006-86, s. 2.

Previous Version

Application

303.02 (1) This Subpart, except subsections 303.03(2) and 303.04(4), applies in respect of a designated airport, which is an airport at which, according to the statistics referred to in subsection 303.06(1), the total of the number of passengers that are emplaned and the number of passengers that are deplaned is more than 180,000 per year.
(2) This Subpart, except subsections 303.03(1) and 303.04(1) to (3), sections 303.06 and 303.07, subsection 303.10(2) and sections 303.11 and 303.12, applies in respect of a participating airport or aerodrome.

SOR/97-518, s. 2;
SOR/98-442, s. 1;
SOR/2006-86, s. 3.

Previous Version

General Requirements

303.03 (1) The operator of a designated airport shall provide the aircraft fire-fighting vehicles and the personnel required under this Subpart to respond to an aircraft emergency at the airport

(a) in the case of an airport listed in the schedule to this Subpart, on the coming into force of these Regulations; and
(b) in any other case, twelve months after the statistics compiled in accordance with subsection 303.06(1) show that the airport meets the criteria for a designated airport set out in subsection 303.02(1).

(2) The operator of a participating airport or aerodrome shall provide the aircraft fire-fighting vehicles and the personnel required pursuant to this Subpart that correspond to the critical category for fire-fighting published in the Canada Flight Supplement to respond to an aircraft emergency at the airport or aerodrome.

SOR/97-518, s. 2;
SOR/2006-86, s. 4.

Previous Version

Hours of Operation of an Aircraft Fire-fighting Service

303.04 (1) Subject to subsection (2), the operator of a designated airport shall

(a) at the beginning of each month and after consultation with the air operators that use the airport, establish the hours of operation of an aircraft fire-fighting service for the month and ensure that those hours coincide with at least 90 per cent of the movements during that month by commercial passenger-carrying aircraft at the airport of which the operator receives notice at least 30 days in advance; and
(b) ensure that the critical category for fire fighting and the hours of operation of an aircraft fire fighting service are published in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier.

(2) Subject to subsection (5), the operator of a designated airport shall provide an aircraft fire-fighting service for the operation at the airport of aeroplanes in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers if the aeroplanes are operated under

(a) Part VI, Subpart 4; or
(b) Part VII, Subpart 1 or 5.

(3) The operator of a designated airport shall provide an aircraft fire-fighting service until an aircraft referred to in subsection (2) has taken off or landed or the flight has been cancelled.
(4) The operator of a participating airport or aerodrome shall establish the hours during which an aircraft fire-fighting service is to be operated and shall ensure that the hours are published in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier.

(5) Subsection (2) does not apply in respect of

(a) a cargo flight without passengers;
(b) a ferry flight;
(c) a positioning flight;
(d) a training flight if no fare-paying passengers are on board;
(e) the arrival of an aeroplane when the airport is being used for a diversion or as an alternate aerodrome; or
(f) the subsequent departure of an aeroplane referred to in paragraph (e), if it is conducted in accordance with paragraph 602.96(7)(f).

SOR/97-518, s. 2;
SOR/98-442, s. 2;
SOR/2003-58, s. 4;
SOR/2006-86, s. 5.

Previous Version

Aircraft Category for Fire Fighting

303.05 (1) An aircraft category for fire fighting set out in column I of an item of the table to this subsection shall be established for an aircraft based on the aircraft overall length set out in column II of the item and the aircraft maximum fuselage width set out in column III of that item.
TABLE

Item
Column I
Column II
Column III

Aircraft Category for Fire Fighting
Aircraft Overall Length
Aircraft Maximum Fuselage Width

1
1
less than 9 m
2 m

2
2
at least 9 m but less than 12 m
2 m

3
3
at least 12 m but less than 18 m
3 m

4
4
at least 18 m but less than 24 m
4 m

5
5
at least 24 m but less than 28 m
4 m

6
6
at least 28 m but less than 39 m
5 m

7
7
at least 39 m but less than 49 m
5 m

8
8
at least 49 m but less than 61 m
7 m

9
9
at least 61 m but less than 76 m
7 m

10
10
at least 76 m
8 m

(2) Where the fuselage width of an aircraft that has an overall length within the range set out in column II of an item of the table to subsection (1) is greater than the aircraft maximum fuselage width set out in column III of the item, the aircraft category for fire fighting for the aircraft shall be one category higher than the category set out in column I of that item.

SOR/97-518, s. 2.

Statistics on the Number of Passengers and Aircraft Movements

303.06 (1) The operator of an airport or aerodrome shall review, at least once every six months, the statistics in respect of the number of emplaned and deplaned passengers resulting from the Electronic Collection of Air Transportation Statistics project carried out jointly by the Department of Transport and Statistics Canada for the twelve months preceding the date of the review and determine whether the airport or aerodrome qualifies as a designated airport under subsection 303.02(1).
(2) The operator of a designated airport shall compile monthly statistics setting out the number of movements by commercial passenger-carrying aircraft in each aircraft category for fire fighting.
(3) The operator of a designated airport shall, at least once every six months, review the monthly statistics for the twelve months preceding the date of the review and determine the three consecutive months with the highest total number of movements by commercial passenger-carrying aircraft in all aircraft categories for fire fighting.

(4) Where the review shows more than one period of three consecutive months having the same total number of movements by commercial passenger-carrying aircraft, the period to be used for the purposes of section 303.07 is

(a) the period involving the highest aircraft category for fire fighting; or
(b) where those periods involve the same highest aircraft category for fire fighting, the period involving the greatest number of movements in that category.

(5) The Minister may, in writing, on application by the operator of a designated airport, authorize the operator to cease providing an aircraft fire-fighting service if the operator demonstrates by means of a risk analysis based on Standard CAN/CSA-Q850-97 entitled Risk Management: Guideline for Decision-makers as amended from time to time that the cessation of the aircraft fire-fighting service will not result in an unacceptable risk to aviation safety.
(6) If the Minister issues an authorization under subsection (5), the operator of a designated airport shall submit the content of the authorization for publication in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier.

(7) The operator of a designated airport shall

(a) retain the monthly statistics referred to in subsection (2) for five years after the date of the review; and
(b) provide them to the Minister at the Minister’s request.

SOR/97-518, s. 2;
SOR/2006-86, s. 6.

Previous Version

Critical Category for Fire Fighting

303.07 (1) The operator of a designated airport shall determine a critical category for fire fighting for the airport based on the number of movements at the airport during the three-month period determined in accordance with subsection 303.06(3) or (4) by commercial passenger-carrying aircraft in the highest and the next highest aircraft categories for fire fighting.
(2) Where, during the period referred to in subsection (1), the number of movements at the designated airport by aircraft in the highest aircraft category for fire fighting is 700 or more, the critical category for fire fighting is equivalent to that highest aircraft category for fire fighting.
(3) If, during the period referred to in subsection (1), the number of movements at the designated airport by aircraft in the highest aircraft category for fire fighting is less than 700, the  critical category for fire fighting shall be determined by decreasing the highest aircraft category for fire fighting by one category.

(4) If the operator of a designated airport anticipates a period of one or more hours of movements of aircraft of a lower aircraft category for fire fighting only, the operator may reduce the critical category for fire fighting to the highest aircraft category for fire fighting anticipated for that period if the operator

(a) documents the anticipated situation; and
(b) notifies the appropriate air traffic control unit or flight service station of the reduced critical category for fire fighting for publication in a NOTAM.

SOR/97-518, s. 2;
SOR/2003-58, s. 5;
SOR/2003-42, s. 1;
SOR/2006-86, s. 7.

Previous Version

Division II — Extinguishing Agents and Aircraft Fire-Fighting Vehicles

Extinguishing Agents and Equipment

303.08 The operator of a designated airport or of a participating airport or aerodrome shall provide its aircraft fire-fighting service with both the principal and the complementary extinguishing agents and the equipment delivering the agents that meet the requirements set out in the aircraft fire-fighting standards.
SOR/97-518, s. 2.

Extinguishing Agent and Aircraft Fire-fighting Vehicle Requirements

303.09 Subject to sections 303.10 and 303.11, the operator of a designated airport or of a participating airport or aerodrome the critical category for fire fighting of which is set out in column I of an item of the table to this section shall provide to the aircraft fire-fighting service at the airport or aerodrome the quantities of water and complementary extinguishing agents set out in columns II and III of the item, and the minimum number of aircraft fire-fighting vehicles set out in column IV of that item necessary to provide the total discharge capacity set out in column V of that item.
TABLE

Item
Column I
Column II
Column III
Column IV
Column V

Critical Category for Fire Fighting
Quantity of Water (in litres)
Quantity of Complementary Extinguishing Agents (in kilograms)
Minimum Number of Aircraft Fire-fighting Vehicles
Total Discharge Capacity (in litres per minute)

1
1
230
45
1
230

2
2
670
90
1
550

3
3
1 200
135
1
900

4
4
2 400
135
1
1 800

5
5
5 400
180
1
3 000

6
6
7 900
225
2
4 000

7
7
12 100
225
2
5 300

8
8
18 200
450
3
7 200

9
9
24 300
450
3
9 000

10
10
32 300
450
3
11 200

SOR/97-518, s. 2.

Temporary Exemption

303.10 (1) Subject to subsection (2), the operator of a designated airport or of a participating airport or aerodrome does not have to meet the requirements referred to in section 303.09 where those requirements cannot be met because of a personnel shortage or unserviceable equipment at the airport or aerodrome caused by circumstances beyond the control of its operator and a notification of the reduced level of aircraft fire-fighting service at the airport or aerodrome has been given to the appropriate air traffic control unit or flight service station for publication in a NOTAM.

(2) When the condition described in subsection (1) continues for seven days or more, the operator of a designated airport shall, no later than seven days after the onset of the condition,

(a) establish a plan specifying the corrective measures that are necessary to meet the requirements of section 303.09 and the dates by which those measures shall be taken, which dates shall be as early as practicable given the circumstances; and
(b) submit the plan to the Minister.

(3) The operator of a designated airport shall implement the submitted plan by the date specified in the plan.

SOR/97-518, s. 2.

Authorization Respecting Reduced Requirements

303.11 (1) The Minister may, in writing, on application by the operator of a designated airport, authorize the operator to meet the requirements set out in the table to section 303.09 for a lower critical category for fire fighting than that established for the airport pursuant to section 303.07 where that operator demonstrates that

(a) the critical category for fire fighting was the result of movements by unusually large commercial passenger-carrying aircraft or an unusually high number of movements by commercial passenger-carrying aircraft at the airport and either of these situations is unlikely to be repeated within the next year; or
(b) the number of movements by, or the size of, commercial passenger-carrying aircraft at the airport is expected to be altered in a manner that would result in a lower critical category for fire fighting.

(2) Where a written authorization has been issued pursuant to subsection (1), the operator of the designated airport shall meet the requirements set out in the table to section 303.09 for the lower critical category for fire fighting specified in the authorization and shall ensure that

(a) notification of the reduced level of aircraft fire-fighting service and the period during which the level is reduced is given to the appropriate air traffic control unit or flight service station for publication in the Canada Flight Supplement and in a NOTAM, where the NOTAM is published earlier;
(b) procedures are established to restore the level of aircraft fire-fighting service to the previous higher level if the reduction in the number of movements by, or in the size of, commercial passenger-carrying aircraft at the airport is temporary; and
(c) the procedures for a reduction in the level of aircraft fire-fighting service and the procedures referred to in paragraph (b) are set out in the airport operations manual.

SOR/97-518, s. 2.

Adjustment to Higher Requirements

303.12 Where an increase in the number of movements by, or in the size of, commercial passenger-carrying aircraft at a designated airport results in the establishment for the airport of a higher critical category for fire fighting than the previous category, the operator of the airport shall meet the requirements for that higher category as set out in the table to section 303.09 within one year after the date of establishing the higher critical category for fire fighting.
SOR/97-518, s. 2.

Division III — Personnel Requirements

Minimum Personnel

303.13 During the hours of operation of the aircraft fire-fighting service, the operator of a designated airport or of a participating airport or aerodrome shall ensure that trained aircraft fire-fighting personnel are in response posture and in sufficient number to operate the aircraft fire-fighting vehicles and apply the extinguishing agents required by section 303.09.

SOR/97-518, s. 2;
SOR/2003-58, s. 6.

Training of Personnel

303.14 The operator of a designated airport or of a participating airport or aerodrome shall ensure that all personnel assigned to aircraft fire-fighting duties are trained in accordance with the aircraft fire-fighting standards.
SOR/97-518, s. 2.

Equipment and Protective Clothing

303.15 The operator of a designated airport or of a participating airport or aerodrome shall provide all personnel assigned to aircraft fire-fighting duties with the equipment and protective clothing necessary to perform their duties.
SOR/97-518, s. 2.

Firefighter Qualifications

303.16 (1) No operator of a designated airport or of a participating airport or aerodrome shall permit a person to act and no person shall act as an aircraft firefighter at the airport or aerodrome unless the person has, within the previous 12 months, successfully completed the training specified in the aircraft fire-fighting standards.

(2) The operator of a designated airport or of a participating airport or aerodrome shall

(a) maintain, for each aircraft firefighter, a training record containing the information specified in the aircraft fire-fighting standards;
(b) preserve the training record for three years after the aircraft firefighter leaves the service of the airport or aerodrome; and
(c) at the request of the Minister, provide the Minister with a copy of the training record.

SOR/97-518, s. 2.

Division IV — Response Readiness

Personnel Readiness

303.17 The operator of a designated airport or of a participating airport or aerodrome shall ensure that, during the hours of operation of its aircraft fire-fighting service, of the fire-fighting personnel required to be available pursuant to section 303.13, the number of personnel capable of immediate response is sufficient to meet the requirements of the response test referred to in section 303.18.
SOR/97-518, s. 2.

Response Test

303.18 (1) The operator of a designated airport or of a participating airport or aerodrome shall carry out a response test to evaluate the response time and effectiveness of the aircraft fire-fighting service required to be maintained during the hours of operation specified in section 303.04

(a) every 12 months; and
(b) at any time at the request of the Minister, where the Minister has reasonable grounds to believe that the aircraft fire-fighting service at the airport or aerodrome does not meet the requirements of this Subpart.

(2) The operator of a designated airport or of a participating airport or aerodrome shall give the Minister at least four weeks written notice of the date on which a response test is to be carried out.
(3) The operator of a designated airport or of a participating airport or aerodrome shall provide the Minister with a copy of the results of a response test within 14 days after the date of the test.

(4) A response test at a designated airport or at a participating airport or aerodrome has a satisfactory result if

(a) within three minutes after an alarm is sounded, aircraft fire-fighting vehicles in a number sufficient for applying the principal extinguishing agent at 50 per cent of the total discharge capacity required by section 303.09 are dispatched from their assigned position and, under optimum surface and visibility conditions at the airport or aerodrome, reach the midpoint of the farthest runway serving commercial passenger-carrying aircraft, or another predetermined point of comparable distance and terrain; and
(b) within four minutes after the alarm is sounded, any other aircraft fire-fighting vehicle required by section 303.09 reaches the location referred to in paragraph (a).

(5) The operator of a designated airport or of a participating airport or aerodrome shall record the results of a response test and shall preserve the records for two years after the date of the test.

(6) If a response test does not have a satisfactory result, the operator of a designated airport or of a participating airport or aerodrome shall

(a) within six hours after the test, identify the deficiencies that caused the result and notify the appropriate air traffic control unit or flight service of the critical category for fire fighting that corresponds to the level of service that can be provided, for publication in a NOTAM; and
(b) within seven days after the test, if any deficiency is not corrected, submit a plan to the Minister specifying the measures necessary to obtain a satisfactory result and the dates by which they must be taken, which shall be as early as practicable given the circumstances.

(7) The operator of a designated airport or of a participating airport or aerodrome shall implement the submitted plan by the dates specified in the plan.

SOR/97-518, s. 2;
SOR/2003-58, s. 7;
SOR/2003-42, s. 2.

Division V — Communication and Alerting System

Requirement

303.19 The operator of a designated airport or of a participating airport or aerodrome shall provide a communication and alerting system that meets the aircraft fire-fighting standards.
SOR/97-518, s. 2.

Transitional Provisions

303.20 (1) The operator of a designated airport shall

(a) until November 30, 1998, except in respect of aircraft referred to in subsection 303.04(2), maintain the aircraft fire-fighting service that was provided on November 30, 1997; and
(b) effective December 1, 1998, meet the requirements for an aircraft fire-fighting service prescribed in subsections 303.03(1) and 303.04(1) and sections 303.07 to 303.19.

(2) The operator of a participating airport or aerodrome shall, effective December 1, 1998, meet the requirements for an aircraft fire-fighting service prescribed in subsections 303.03(2) and 303.04(4), sections 303.08 and 303.09, subsection 303.10(1) and sections 303.13 to 303.19.

SOR/97-518, s. 2;
SOR/98-442, s. 3.

SCHEDULE
[Repealed, SOR/2006-86, s. 8]Previous Version
Subpart 4 – [Reserved]

Subpart 5 – Heliports

Division I — General

Interpretation

305.01 The following definitions apply in this Subpart.

applicable heliport standard
applicable heliport standard means the standard that is applicable to a heliport or to a part of it, or to its administration and operation, as determined under subsection 305.17(1). (norme sur les héliports applicable)
FATO
FATO means a final approach and take-off area, which consists of a defined area over which the final phase of a helicopter approach manoeuvre to hover or land is completed and from which the take-off manoeuvre is commenced. (FATO)
heliport certificate
heliport certificate means a certificate issued under section 305.08, 305.11 or 305.12. (certificat d’héliport)
heliport closed marking
heliport closed marking means a marking that meets the requirements of subsection 305.41(1). (marque de zone fermée d’héliport)
heliport operations manual
heliport operations manual or HOM means the manual referred to in sections 305.53 to 305.57 and includes any amendments to the manual that are approved pursuant to subsection 305.08(4). (manuel d’exploitation d’héliport ou MEH)
standard 621.19
standard 621.19[Repealed, SOR/2011-285, s. 4]
TLOF
TLOF means a touchdown and lift off area, which consists of a load-bearing area on which a helicopter may touch down or lift off. (TLOF)

SOR/2007-87, s. 8;
SOR/2011-285, s. 4.

Previous Version

Application

305.02 (1) Subject to subsection (2), this Subpart applies in respect of the operation of a heliport

(a) that is located within a built-up area of a city or town;
(b) that is used by an air operator providing a scheduled air service for the purpose of transporting persons;
(c) for which an instrument approach procedure to precision limits is established in accordance with the applicable heliport standard; or
(d) that is any other heliport in respect of which the issuance of a heliport certificate would be in the public interest and would further the safe operation of the heliport.

(2) This Subpart does not apply in respect of a military heliport.

SOR/2007-87, s. 8.

Requirement to Hold a Heliport Certificate

305.03 No person shall operate a heliport referred to in subsection 305.02(1) unless a heliport certificate is issued in respect of the heliport and the person complies with the requirements of the heliport certificate and operates the heliport in accordance with the heliport operations manual.
SOR/2007-87, s. 8.

Eligibility to Hold a Heliport Certificate

305.04 A person is eligible to hold a heliport certificate if they are

(a) a citizen of Canada;
(b) a permanent resident of Canada;
(c) a corporation incorporated under the territorial, provincial or federal laws of Canada; or
(d) a municipal, provincial or federal entity.

SOR/2007-87, s. 8.

Management Agreement

[SOR/2015-160, s. 10(F)]
305.05 No heliport operator shall manage another heliport operator’s heliport unless they are authorized to do so in the heliport operations manual of the other operator’s heliport.
SOR/2007-87, s. 8.

[305.06 and 305.07 reserved]
Division II — Certification

Application and Issuance of a Heliport Certificate

305.08 (1) An applicant for a heliport certificate shall

(a) submit to the Minister the application;
(b) ensure that the heliport meets the certification requirements and criteria set out in these Regulations and the applicable heliport standard;
(c) submit to the Minister for approval their copy of a proposed heliport operations manual that describes the manner in which the heliport meets the requirements and criteria referred to in paragraph (b) and the physical specifications of the heliport; and
(d) submit to the Minister proof that the applicant has consulted with the local government authority relating to the proposed heliport and adjacent land in accordance with the requirements of the applicable heliport standard.

(2) Subject to subsection 6.71(1) of the Act, the Minister shall, after receipt of an application for a heliport certificate, issue the certificate if the applicant demonstrates to the Minister the ability

(a) to maintain an organizational structure in accordance with the requirements of their heliport operations manual;
(b) to maintain an operation of aviation activities at the heliport that ensures the operational requirements set out in their heliport operations manual are met; and
(c) to conduct operations at the heliport in a safe manner.

(3) For the purposes of subsection (2), an applicant shall have

(a) an organization capable of exercising heliport operational management; and
(b) operational support services and equipment that are in accordance with their heliport operations manual.

(4) If a heliport does not meet a requirement set out in the applicable heliport standard, the Minister may specify replacement conditions to be included in the heliport operations manual that relate to the same subject matter as the unmet requirement and that are necessary to achieve a level of safety that is equivalent to the one established by the requirement to protect the public interest and to ensure aviation safety.

SOR/2007-87, s. 8;
SOR/2015-160, s. 11(F).

Previous Version

Contents of a Heliport Certificate

305.09 A heliport certificate shall contain the following information:

(a) the certificate number;
(b) the name of the heliport;
(c) the name of the heliport operator;
(d) the signature of the Minister; and
(e) the date of issue.

SOR/2007-87, s. 8.

General Conditions of a Heliport Certificate

305.10 (1) The holder of a heliport certificate shall ensure that the heliport meets the applicable certification criteria set out in these Regulations and in the applicable heliport standard.

(2) The holder of a heliport certificate shall

(a) maintain the organizational structure referred to in paragraph 305.08(2)(a); and
(b) notify the Minister within 10 working days after any change in its legal name, trade name or managerial personnel under paragraph 305.08(3)(a).

(3) The holder of a heliport certificate shall conduct operations at the heliport in a safe manner.

SOR/2007-87, s. 8.

Transfer of a Heliport Certificate

305.11 The Minister shall approve the transfer of a heliport certificate to a transferee and issue an amended heliport certificate only if

(a) the current holder of the heliport certificate notifies the Minister in writing at least 14 days before ceasing to operate the heliport that they will cease to operate the heliport as of the date specified in the notice and of the name of the transferee;
(b) the transferee applies in writing to the Minister for the issuance of a new heliport certificate and includes a copy of the transfer notice referred to in paragraph (a) within 14 days before the current holder ceases to operate the heliport; and
(c) the requirements set out in section 305.10 are met on the day of transfer and there are no indications that they will not continue to be met.

SOR/2007-87, s. 8.

Interim Heliport Certificate

305.12 (1) The Minister may issue an interim heliport certificate in writing to the following persons authorizing them to operate a heliport:

(a) an applicant referred to in section 305.08, until the day of issuance of the heliport certificate that will be issued to the applicant as soon as the application procedure in respect of the issuance is completed; and
(b) a transferee referred to in section 305.11, until the day of issuance of an amended heliport certificate in respect of the heliport that will be issued to the transferee as soon as the application procedure in respect of the transfer is completed.

(2) An interim heliport certificate expires on the earlier of

(a) the day on which the heliport certificate or the amended heliport certificate is issued, and
(b) the day specified in the interim heliport certificate as the day on which it will expire.

(3) Except for sections 305.08 and 305.09, this Subpart applies in respect of an interim heliport certificate in the same manner as it applies in respect of a heliport certificate.

SOR/2007-87, s. 8.

[305.13 to 305.16 reserved]
Division III — Operator of a Heliport

Obligations of an Operator

305.17 (1) The operator of a heliport shall comply with the requirements

(a) with respect to the heliport as a whole, the following heliport standards as identified in their heliport operations manual:

(i) unless the operator has voluntarily adopted the standard referred to in subparagraph (ii), for heliports in respect of which a heliport certificate was issued before the coming into force of these Regulations, the Heliport and Helideck Standards and Recommended Practices, TP 2586E, and
(ii) for any other heliport, standard 325 — Heliport Standards, as they read on the day on which the heliport certificate was issued;

(b) with respect to any procedure pertaining to the administration, heliport traffic management, safety and security, emergency response and heliport maintenance, standard 325 — Heliport Standards; and

(c) with respect to any replacement or improvement to the heliport since the day on which the heliport certificate was issued, the following heliport standards:

(i) for parts or facilities of the heliport that returned to service before the coming into force of these Regulations, the most recent applicable heliport standard for the heliport as identified in their heliport operations manual, and
(ii) for parts or facilities of the heliport returned to service on or after the day of coming into force of these Regulations, standard 325 — Heliport Standards, as they read on the day on which the part or facility was returned to service.

(2) The operator of a heliport shall

(a) review each aeronautical information publication as soon as possible after its issuance and immediately after the review notify the Minister and the provider of aeronautical information services of any inaccurate information contained in the publication that pertains to the heliport that they operate;
(b) notify the provider of an aeronautical information publication before any planned change to the heliport, the heliport facilities or the level of service at the heliport that would affect the accuracy of information contained in the publication;
(c) ensure that the notification is in accordance with the processes and procedures established by the provider of the aeronautical information services to meet the standards referred to in Part VIII;
(d) notify the provider of aeronautical information services of all changes to operational information published in the aeronautical information publications; and

(e) notify the Minister in writing of any change in heliport operations within 14 days after the day of the change and take the following measures, as applicable:

(i) if a hazardous condition has been identified, have a NOTAM issued identifying the hazard, and
(ii) if a change in heliport operations constitutes a change to the provisions identified in the heliport certificate, ensure that the change has been approved by the Minister.

(3) Subject to subsection (4), the operator of a heliport shall give to the Minister, and cause to be received at the appropriate air traffic control unit or flight service station, immediate notice of any of the following circumstances of which the operator has knowledge:

(a) any projection by an object through an obstacle limitation surface relating to the heliport;
(b) the existence of any obstruction or hazardous condition affecting aviation safety at or in the vicinity of the heliport;
(c) any reduction in the level of services at the heliport that are set out in an aeronautical information publication as being provided at the heliport;
(d) the closure of any part of the manoeuvring area of the heliport; and
(e) any other conditions that could be hazardous to aviation safety at the heliport and against which precautions are warranted.

(4) Where it is not feasible for the operator of a heliport to cause notice of a circumstance referred to in subsection (3) to be received at the appropriate air traffic control unit or flight service station, the operator of the heliport shall give immediate notice directly to the pilots who may be affected by that circumstance.
(5) Prior to the use of a heliport for helicopter operations, the operator of the heliport shall remove from the surface of the heliport, or from the surrounding ground over which the operator has control, any vehicle or other obstruction that is likely to be hazardous to aviation safety.

SOR/2007-87, s. 8;
SOR/2015-160, s. 12.

Previous Version

Heliport Operations Manual

305.18 (1) The operator of a heliport shall, as soon as possible after the issuance of the heliport certificate,

(a) provide the Minister with their copy of the heliport operations manual as approved under paragraph 305.08(1)(c) and any amendments to the manual approved under paragraph (2)(b); and
(b) distribute copies of the applicable portions and amendments to the applicable persons and institutions referred to in the manual.

(2) The operator of the heliport shall

(a) keep their heliport operations manual up to date; and
(b) submit to the Minister for approval any proposed amendment to their heliport operations manual.

SOR/2007-87, s. 8;
SOR/2015-160, s. 13.

Previous Version

Division IV — General Certification Requirements

Heliport Classification

305.19 The operator of a heliport shall determine the heliport classification in accordance with standard 325 — Heliport Standards in respect of

(a) the classification of non-instrument heliports; and
(b) performance requirements of helicopters that are expected to use the heliport.

SOR/2007-87, s. 8.

Operational Limits

305.20 The operator of a heliport shall determine, and record in their heliport operations manual, the heliport operational limitations in accordance with the applicable heliport standard with respect to

(a) load bearing strength of the TLOF when required by the applicable heliport standard;
(b) the maximum helicopter overall length for which each operational area at a heliport is certified; and
(c) the heliport classification as specified in paragraph 305.19(a) and category as determined in accordance with the applicable heliport standard.

SOR/2007-87, s. 8.

Units of Measurement

305.21 Unless otherwise specified in the applicable heliport standard, units of measurement used in this Division and in the heliport operations manual shall use the following rounding rules and specified measurement units:

(a) elevations to the nearest foot;
(b) linear dimensions to the nearest metre;
(c) geographic coordinates in latitude and longitude to the nearest second;
(d) geographic coordinates measured in accordance with North American Datum 1983;
(e) bearings to the nearest degree;
(f) water depths, measured in the specified unit expressed, to the nearest foot or metre; and
(g) range of tides or water levels, measured in the specified unit expressed, to the nearest foot or metre.

SOR/2007-87, s. 8.

[305.22 to 305.24 reserved]
Division V — Physical Characteristics

305.25 (1) The operator of a heliport shall ensure that

(a) the heliport has at least one FATO; and
(b) no FATO is used to accommodate the manoeuvres of more than one helicopter at a time.

(2) Subject to subsections (3) to (6), the operator of a heliport shall ensure that the heliport meets the requirements set out in the applicable heliport standard in respect of

(a) FATOs;
(b) safety areas;
(c) rejected take-off areas, if applicable;
(d) helicopter clearways, if applicable;
(e) TLOFs, if applicable;

(f) taxiways as follows, if applicable:

(i) air taxiways,
(ii) helicopter ground taxiways,
(iii) helicopter ground taxiway shoulders, and
(iv) helicopter ground taxiway strips;

(g) aprons, if applicable; and
(h) helicopter parking positions, if applicable.

(3) The operator of a surface-level heliport shall ensure that the heliport meets the special requirements for a surface-level heliport set out in the applicable heliport standard in respect of

(a) TLOFs;
(b) taxiways; and
(c) aprons.

(4) The operator of an elevated or rooftop heliport shall ensure that the heliport meets the special requirements for an elevated or rooftop heliport set out in the applicable heliport standard in respect of

(a) TLOFs;
(b) safety nets; and
(c) helicopter parking positions.

(5) The operator of a heliport located on an aerodrome primarily designed to serve aeroplanes shall ensure that the heliport meets the special requirements for a heliport located on an aerodrome set out in the applicable heliport standard in respect of

(a) application of additional standards regarding aerodromes;
(b) FATOs;
(c) ground taxiway separation distances;
(d) taxi-holding positions;
(e) aprons; and
(f) helicopter parking positions.

(6) The operator of an H1 heliport shall ensure that the heliport meets the special requirements for an H1 heliport set out in the applicable heliport standard in respect of FATOs and TLOFs.

SOR/2007-87, s. 8.

[305.26 to 305.28 reserved]
Division VI — Obstacle Limitation Surfaces

305.29 (1) Subject to subsections (2) to (4), the operator of a heliport shall establish the following obstacle limitation surfaces in accordance with the applicable heliport standard for a non-instrument, non-precision or precision FATO and meet the special requirements for the surfaces and any obstacles that may affect them, set out in the applicable heliport standard:

(a) approach surfaces;
(b) take-off surfaces; and
(c) transitional surfaces.

(2) The operator of an H1 heliport shall ensure that the heliport meets the special requirements for obstacle limitation surfaces for non-instrument FATOs set out in the applicable heliport standard for an H1 heliport in respect of approach or take-off surfaces.
(3) The operator of an H1 heliport shall conduct a survey of the approach and take-off surface to determine obstacle information and submit a copy to the Minister at the time of the initial heliport certification and after that at least once every five years, unless no new obstacle has been established in the approach and take-off surface during the five-year period and a report to that effect is made to the Minister.
(4) The operator of an H2 heliport shall ensure that the heliport meets the special requirements for obstacle limitation surfaces for non-instrument FATOs set out in the applicable heliport standard for an H2 heliport in respect of approach or take-off surfaces.
(5) The operator of a heliport equipped with an instrument FATO shall ensure that the heliport meets the special requirements for obstacle limitation surfaces for instrument FATOs set out in the applicable heliport standard.

SOR/2007-87, s. 8.

[305.30 reserved]
Division VII — Visual Aids for Air Navigation

305.31 (1) The operator of a heliport shall equip the heliport with at least one wind direction indicator and meet the requirements for wind direction indicators set out in the applicable heliport standard.

(2) The operator of a heliport shall meet the requirements for heliport markings set out in the applicable heliport standard in respect of

(a) heliport identification marking;
(b) in the case of a hospital heliport, hospital heliport identification marking;
(c) an aiming point marking for each FATO;
(d) FATO edge marking;
(e) a FATO designation marking for each FATO;
(f) a FATO centre line marking for each FATO;
(g) approach and take-off direction indicator marking;
(h) a TLOF edge marking for each TLOF;
(i) the maximum allowable helicopter weight marking for each TLOF;

(j) the following taxiway markings:

(i) taxiway centre line marking,
(ii) taxiway holding position marking, and
(iii) taxiway edge marking;

(k) where the apron edge is not easily identifiable, an apron edge marking;
(l) where a helicopter parking position is provided, a helicopter parking position marking;
(m) where a helicopter parking position is provided and helicopters are required to have a specific alignment on the parking position, an alignment marking;
(n) where a helicopter parking position is not large enough for the largest helicopter for which the heliport is designed or where the size of the parking position is limited by the minimum separation requirement to an obstacle or an adjacent parking position, a helicopter parking position information marking; and
(o) where passengers are required to walk on a specific path on an apron between a helicopter parking position and the passenger terminal, an apron passenger path marking.

SOR/2007-87, s. 8;
SOR/2015-160, s. 14(F).

Previous Version

[305.32 reserved]
Division VIII — Lights

305.33 (1) The operator of a heliport shall extinguish, screen or otherwise modify a ground light, other than an aeronautical ground light, that may cause confusion to heliport users within the heliport boundary or other spaces within the boundaries of the control of the heliport operator.

(2) The operator of a heliport shall meet the requirements set out in the applicable heliport standard in respect of the installation of

(a) elevated approach lights;
(b) elevated lights for operational areas;
(c) inset lights;
(d) light intensity and control; and
(e) a heliport beacon.

(3) The operator of a heliport equipped with a non-instrument FATO that is certified to be available for use at night shall provide an approach and take-off direction light that meets the requirements set out in the applicable heliport standard where

(a) at least one approach and departure path is required to be indicated to pilots; or
(b) obstacle clearance, noise abatement or air traffic control procedures require that a specific direction be flown.

(4) The operator of a heliport shall provide a visual approach slope indicator system that meets the requirements set out in the applicable heliport standard where

(a) there are inadequate visual references;
(b) obstacle clearance, noise abatement or air traffic control procedures require that a particular slope be flown; or
(c) the surrounding terrain may produce misleading information.

(5) Where a heliport approach path indicator or an abbreviated heliport approach path indicator is provided at a heliport, the visual approach slope indicator system shall meet the general design requirements and specific requirements set out in the applicable heliport standard.
(6) The operator of a heliport shall monitor the visual approach slope indicator system provided at a heliport in accordance with the requirements of the applicable heliport standard.
(7) Where a visual approach slope indicator system is provided, the operator of a heliport shall provide, when required, an obstacle protection surface (OPS) in accordance with the applicable heliport standard.

(8) The operator of a heliport shall provide FATO lights that meet the requirements of the applicable heliport standard for

(a) a surface-level heliport unless the FATO and the TLOF are coincidental or the extent of the FATO is conspicuous;
(b) an instrument FATO; and
(c) where an illuminated TLOF is not provided, a FATO that is certified to be available for use at night unless the FATO edge marking is clearly visible to heliport users by means of external floodlighting.

(9) Where a TLOF is not located within a FATO that is certified to be available for use at night, the operator of a heliport shall ensure the aiming point is illuminated in accordance with the applicable heliport standard.
(10) The operator of a heliport shall provide TLOF lights consisting of perimeter lights, floodlights or luminescent panels for a TLOF that is certified to be available for use at night and, if the perimeter of the TLOF is not coincidental with that of the FATO, in accordance with the requirements of the applicable heliport standard.
(11) Where a rejected take-off area is established for a surface-level heliport that is certified to be available for use at night, the operator of a heliport shall provide in that area rejected take-off area lights in accordance with the requirements of the applicable heliport standard.
(12) The operator of a heliport shall provide taxiway centre line lights in accordance with the requirements of the applicable heliport standard for a taxiway that is used in runway visual range conditions of less than 1200 feet or in conditions of ground visibility of less than one-quarter statute mile.
(13) The operator of a heliport shall provide taxiway edge lights in accordance with the requirements of the applicable heliport standard for a taxiway that is available at a heliport that is certified to be available for use at night and that is not provided with taxiway centre line lights.
(14) Where an apron is available at a heliport that is certified to be available for use at night, the operator of the heliport shall provide apron edge lights, retro-reflective edge markers or apron floodlighting in accordance with the requirements of the applicable heliport standard.

SOR/2007-87, s. 8;
SOR/2015-160, s. 15.

Previous Version

[305.34 reserved]
Division IX — Markers

305.35 (1) The operator of a heliport shall ensure that the markers installed at the heliport are either flush mounted or lightweight and frangibly mounted and in accordance with the requirements of the applicable heliport standard.

(2) The operator of a heliport shall provide FATO markers where

(a) a FATO edge marking is not provided; and
(b) the extent of the FATO and the adjacent ground is not conspicuous.

(3) The operator of a heliport shall provide ground taxiway edge markers in accordance with the requirements of the applicable heliport standard if the helicopters must travel along a ground taxiway to or from a FATO to an apron, unless

(a) the edges of the taxiway are conspicuous;
(b) taxiway centre line lights are provided;
(c) taxiway edge lights are provided; or
(d) taxiway centre line markers are provided.

(4) The operator of a heliport shall provide air taxiway markers if the helicopters must travel by air to or from a FATO to an apron via a specific corridor in accordance with the applicable heliport standard.

SOR/2007-87, s. 8;
SOR/2015-160, s. 16.

Previous Version

[305.36 reserved]
Division X — Visual Aids for Denoting Obstacles

Requirements for Marking or Lighting Obstacles

305.37 (1) Subject to subsection (4), the operator of a heliport shall ensure that obstacles, other than aircraft, on the movement, manoeuvring and safety areas of the heliport are marked and lighted as follows:

(a) vehicles and other mobile obstacles on the movement area shall be marked so as to be visible to pilots during aircraft operations;
(b) where the heliport is used at night or in conditions of low visibility, vehicles and other mobile obstacles on the manoeuvring area shall be lighted;
(c) elevated aeronautical ground lights on the movement area shall be marked so as to be conspicuous by day; and

(d) in accordance with the applicable heliport standard, a fixed obstacles located on the safety area shall be

(i) marked, and
(ii) where the heliport is certified to be available for use at night, lighted.

(2) The operator of a heliport shall mark and, if the heliport is certified to be available for use at night, light fixed obstacles located within the area identified in the applicable heliport standard, except where the obstacle is

(a) shielded by another fixed obstacle that is marked in accordance with Standard 621;
(b) conspicuous by reason of its shape, dimensions or colour;
(c) identified in an aeronautical evaluation as being sufficiently lit by ambient light at night; or
(d) not more than 150 m above the adjacent ground and lighted in accordance with Standard 621.

(3) The operator of a heliport where a fixed obstacle that is more than 150 m above the surrounding ground is located within the area identified in the applicable heliport standard shall

(a) light the obstacle by high-intensity obstacle lights by day in accordance with Standard 621; or
(b) mark the obstacle in accordance with the applicable heliport standard.

(4) The operator of a heliport shall mark an elevated obstacle on the helicopter ground taxiway strips and, where the heliport is certified to be available for use at night, light the obstacle.

(5) The operator of a heliport shall mark and, if applicable, light an obstacle referred to in subsection (2) unless an aeronautical evaluation determines that

(a) the obstacle is conspicuous by reason of its shape, dimensions or colour; or
(b) retro-reflective tape or markers are sufficiently conspicuous to be used instead of lights.

SOR/2007-87, s. 8;
SOR/2011-285, s. 7;
SOR/2015-160, s. 17.

Previous Version

Marking Obstacles

305.38 (1) The operator of a heliport shall ensure that a fixed obstacle or a mobile obstacle on the heliport is marked in accordance with the requirements of the applicable heliport standard.

(2) Obstacles required to be marked shall, in accordance with Standard 621, be

(a) coloured;
(b) marked by markers; or
(c) marked by flags.

SOR/2007-87, s. 8;
SOR/2011-285, s. 7.

Previous Version

Lighting Obstacles

305.39 (1) The operator of a heliport shall light a fixed obstacle in accordance with Standard 621.
(2) The operator of a heliport shall ensure that maintenance and service vehicles in use display lights in accordance with the requirements of the applicable heliport standard.
(3) The operator of a heliport shall ensure that emergency vehicles in use that are required to be lighted display the lights specified in the applicable heliport standard.

SOR/2007-87, s. 8;
SOR/2011-285, s. 7.

Previous Version

[305.40 reserved]
Division XI — Visual Aids for Denoting Restricted Use Areas

305.41 (1) When a FATO, helicopter parking position, taxiway, or any part of those areas is permanently closed, the operator of a heliport shall display a closed marking on the area that meets the requirements of the applicable heliport standard.

(2) When an area of a heliport is temporarily closed or an area is snow-covered, the heliport operator shall ensure that

(a) notice of the closure is

(i) included in the Canada Flight Supplement, or
(ii) reported in a NOTAM; or

(b) a closed marking referred to in subsection (1) is displayed on the affected area.

(3) The operator of a heliport shall ensure that non-load-bearing surfaces adjacent to a FATO, helicopter parking position or taxiway that cannot be visually distinguished from load-bearing surfaces are marked as set out in the applicable heliport standard.
(4) The operator of a heliport shall ensure that unserviceability markers consisting of flags, cones or marker boards that meet the requirements of the applicable heliport standard and are positioned in conformity with that standard are displayed on any part of a taxiway or apron that is unfit for the movement of aircraft.
(5) The operator of a heliport shall ensure that unserviceability lights that meet the requirements of the applicable heliport standard are displayed in conformity with that standard wherever any portion of a taxiway or apron at a heliport that is certified to be available for use at night is unfit for the movement of aircraft.

SOR/2007-87, s. 8.

[305.42 reserved]
Division XII — Equipment and Installations

305.43 (1) The operator of a heliport shall ensure that the lights of a visual approach slope indicator system, when required and installed as specified in subsection 305.33(4), are aligned by means of

(a) a daily inspection of alignment and, if necessary, a correction of any misalignment of more than 3 minutes of arc; or
(b) an automatic shut-off switch installed in the system.

(2) The operator of a heliport shall ensure that a fence or other barrier is installed on the heliport and that the fence or other barrier meets the requirements of the applicable heliport standard.
(3) The operator of a heliport or a person under the operator’s authority shall direct any vehicle that is operated on an apron or manoeuvring area of the heliport or, in the case of a vehicle in a manoeuvring area, shall ensure that the vehicle’s operation is under the direction of the air traffic services unit or the heliport operator or a person working under their authority, in accordance with the requirements of the applicable heliport standard.
(4) The operator of the heliport shall ensure that the drivers of vehicles on an apron or manoeuvring area are trained for the tasks to be performed and that they know they must comply with instructions issued by the air traffic services unit or the heliport operator or a person working under their authority.
(5) The operator of a heliport shall ensure that equipment required for air navigation purposes that is located on a safety area, a taxiway strip or within the separation distances specified in the applicable heliport standard is located, constructed and installed in accordance with that standard.
(6) The operator of a heliport shall ensure that visual aids, precision approach FATO lights and centre line lights on a taxiway are maintained in accordance with the applicable heliport standard.

SOR/2007-87, s. 8.

[305.44 reserved]
Division XIII — Emergency and Other Services

Emergency Response Plan

305.45 (1) The operator of a heliport shall develop and have available a heliport emergency response plan at the heliport.
(2) The operator of a heliport shall identify in the emergency response plan those organizations that are capable of providing assistance in responding to an emergency at the heliport or in its vicinity.

(3) The operator of a heliport shall specify in the emergency response plan the procedures to be followed for

(a) an aircraft crash or other accident within the heliport perimeter;
(b) an aircraft crash outside the heliport perimeter; and
(c) any medical emergency.

(4) Where an approach and departure path at a heliport is located over water, the operator of the heliport shall specify in the emergency response plan

(a) the organization that is responsible for co-ordinating rescue in the event of an aircraft ditching; and
(b) how to contact that organization.

(5) The operator of a heliport shall include in the emergency response plan the information required in accordance with standard 325 — Heliport Standards.
(6) The operator of a heliport shall consult with all organizations identified in the emergency response plan concerning their role in it.
(7) The operator of a heliport shall annually review the emergency response plan and update the information.
(8) The operator of a heliport that provides a scheduled service for the transport of passengers shall carry out a test of the emergency response plan at intervals not exceeding three years.

SOR/2007-87, s. 8.

Fire Protection Services

305.46 (1) The operator of a surface-level heliport or of a heliport over a parking garage or on an elevated structure that is not an occupied building shall ensure that fire protection services are provided at the heliport and that those services and the fire resistance of the structure meets the requirements of the applicable heliport standard.
(2) The operator of a rooftop heliport shall ensure that fire protection services are provided at the heliport and that those services and the fire resistance of the structure meets the requirements of the applicable heliport standard.

SOR/2007-87, s. 8.

Extinguishing Agents and Equipment

305.47 The operator of a heliport shall

(a) determine the requirements for extinguishing agents and equipment used for fire protection at the heliport based on the longest dimension helicopter for which the heliport has been certified;
(b) ensure that the agents and equipment are in accordance with the applicable heliport standard; and
(c) provide a fire extinguisher or fire fighting system that is protected from freezing.

SOR/2007-87, s. 8.

Safety Personnel for Rooftop Heliport

305.48 The operator of a rooftop heliport shall ensure that a minimum of one trained safety person is in attendance during helicopter operations.
SOR/2007-87, s. 8.

Training for Safety Personnel

305.49 The operator of a heliport shall provide initial and refresher training to safety personnel provided at the heliport in accordance with the applicable heliport standard.
SOR/2007-87, s. 8.

[305.50 to 305.52 reserved]
Division XIV — Heliport Operations Manual

General

305.53 (1) The provisions of this Subpart that specify the procedures for making a heliport operations manual also apply in respect of any amendment to the manual.

(2) The operator of a heliport shall set out in the heliport operations manual

(a) the heliport certification standards that were met for issuance of the heliport certificate; and
(b) the level and types of services to be provided by the operator of the heliport.

(3) The operator of a heliport shall operate the heliport in accordance with the heliport operations manual.

SOR/2007-87, s. 8.

Heliport Data

305.54 (1) The operator of a heliport shall determine and record in the heliport operations manual, the following data in respect of the heliport in accordance with the applicable heliport standard:

(a) geographic coordinates for

(i) the heliport reference point if

(A) the heliport is not located on an aerodrome that already has a reference point, and
(B) the heliport operator intends to have a zoning regulation made under the Aeronautics Act,

(ii) the heliport geometric centre,
(iii) the FATO coordinates,
(iv) the heliport elevation,
(v) the heliport magnetic variation, and
(vi) where installed, the electronic navigation aids; and

(b) information in respect of

(i) the heliport type,
(ii) the dimensions, slope and surface type of all TLOFs,
(iii) the length, width, slope, category, surface type and designation number of all FATOs,
(iv) the length, width and surface type of all safety areas,
(v) the designation, width and surface type of helicopter ground and air taxiways,
(vi) the apron surface type and description of helicopter parking positions, and

(vii) the declared distances for

(A) take-off distance available,
(B) rejected take-off distance available, and
(C) landing distance available.

(2) The operator of a heliport shall ensure that a heliport geometric centre is redetermined and recorded in the manual if the physical characteristics of the heliport change because

(a) an existing FATO is closed;
(b) the boundaries of an existing FATO are altered; or
(c) a new FATO is constructed.

(3) The operator of a heliport shall report the heliport data specified in paragraph (1)(a) to the Aeronautical Information Services of NAV Canada within 14 days after the Minister’s approval of certification.

SOR/2007-87, s. 8.

Administration

305.55 The operator of a heliport shall ensure that the heliport operations manual contains

(a) a table of contents; and

(b) information relating to the administration of the heliport including but not limited to

(i) a copy of any amendments to the manual and the page numbers affected,
(ii) a list of holders of copies of the manual or of portions of it,
(iii) a description of a procedure for amending the manual,
(iv) a description of the organizational structure of the heliport management,
(v) a description of the operational procedures of the heliport,
(vi) a declaration, signed and dated by the operator, in which they agree to fulfill the obligations of the operator referred to in section 305.17,
(vii) a statement, signed and dated by the operator, certifying that their heliport operations manual is complete and accurate, and that the operator agrees to comply with all of the conditions and specifications set out in it,
(viii) a statement, signed by the Minister, that the heliport operations manual and any amendments to it have been approved,
(ix) a copy of any agreement or memorandum of understanding that affects the operation of the heliport, including the provision of emergency services at the heliport, and
(x) the information necessary to verify that the heliport meets the applicable heliport standard.

SOR/2007-87, s. 8;
SOR/2015-160, s. 18(F).

Previous Version

305.56 The operator of a heliport shall ensure that their heliport operations manual sets out the information specified in subsection 305.25(1).
SOR/2007-87, s. 8.

305.57 The operator of a heliport shall ensure that the following are provided in accordance with the applicable heliport standard and recorded in their heliport operations manual:

(a) the applicable physical characteristics set out in section 305.25;
(b) the obstacle limitation surfaces set out in section 305.29;
(c) the visual aids for navigation set out in section 305.31;
(d) the lighting or marking of obstacles set out in section 305.37;
(e) the visual aids utilized for denoting restricted use areas set out in section 305.41;
(f) the equipment and installations set out in section 305.43; and
(g) the emergency response plan set out in section 305.45.

SOR/2007-87, s. 8.

[305.58 to 305.67 reserved]
Subpart 6 – [Reserved]

Subpart 7 – [Reserved]

SUBPART 8[Repealed, SOR/2006-86, s. 9]

308.01 [Repealed, SOR/2006-86, s. 9]
Previous Version

308.02 [Repealed, SOR/2006-86, s. 9]
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308.03 [Repealed, SOR/2006-86, s. 9]
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308.04 [Repealed, SOR/2006-86, s. 9]
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308.05 [Repealed, SOR/2006-86, s. 9]
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308.06 [Repealed, SOR/2006-86, s. 9]
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308.07 [Repealed, SOR/2006-86, s. 9]
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308.08 [Repealed, SOR/2006-86, s. 9]
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308.09 [Repealed, SOR/2006-86, s. 9]
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308.10 [Repealed, SOR/2006-86, s. 9]
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308.12 [Repealed, SOR/2006-86, s. 9]
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308.13 [Repealed, SOR/2006-86, s. 9]
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308.14 [Repealed, SOR/2006-86, s. 9]
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308.15 [Repealed, SOR/2006-86, s. 9]
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308.16 [Repealed, SOR/2006-86, s. 9]
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308.17 [Repealed, SOR/2006-86, s. 9]
Previous Version

Part IV — Personnel Licensing and Training

Division I — General

Interpretation

400.01 (1) In this Part,

aerobatic manoeuvre
aerobatic manoeuvre[Repealed, SOR/2001-49, s. 1]
aeroplane
aeroplane does not include an ultra-light aeroplane; (avion)
aviation document booklet
aviation document booklet means a booklet issued by the Minister in which certain documents issued under this Part can be affixed. (carnet de documents d’aviation)
balloon
balloon includes any lighter-than-air aircraft; (ballon)
booklet label
booklet label means a label that is intended to be affixed in an aviation document booklet. (étiquette de carnet)
complex aeroplane
complex aeroplane means an aeroplane that has flaps and a constant-speed propeller and, except in the case of a seaplane, retractable landing gear; (avion complexe)
dual instruction flight time
dual instruction flight time means the flight time during which a person is receiving flight instruction from a person qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training; (temps d’instruction de vol en double commande)
employed on a full-time basis
employed on a full-time basis means working for a flight training unit on a continuous basis for at least the number of hours required to carry out the duties of the position intended to ensure the safe operation of the flight training service; (employé à temps plein)
examination
examination means any written examination or written practical qualifications examination required by the personnel licensing standards for the issuance of a permit or licence or for the endorsement of a permit or licence with a rating; (examen)
flight following
flight following[Repealed, SOR/2014-131, s. 8]
flight instructor experience

flight instructor experience with respect to the experience requirements for a flight instructor rating for an aeroplane or helicopter, means the flight time accumulated in an aeroplane or helicopter

(a) by a holder of a flight instructor rating while providing dual flight instruction to applicants for

(i) a pilot permit — recreational,
(ii) a private or commercial pilot licence, or
(iii) a night rating, VFR OTT rating, flight instructor rating — aeroplane, flight instructor rating — helicopter or flight instructor rating — aeroplane — aerobatic,

(b) by a holder of a foreign flight instructor rating issued by a contracting state, while providing dual flight instruction to an applicant for a permit, licence or rating equivalent to one of those referred to in paragraph (a), and
(c) by a Canadian Forces qualified flying instructor while providing dual flight instruction to persons undergoing initial flight training in the Canadian Forces; (expérience d’instructeur de vol)

flight watch
flight watch[Repealed, SOR/2014-131, s. 8]
foreign licence validation certificate
foreign licence validation certificate means a certificate issued by the Minister pursuant to subsection 401.07(1); (certificat de validation de licence étrangère)
glider
glider includes a powered glider; (planeur)
ground school instruction
ground school instruction means classroom-type instruction generally given to one or more persons and covering an organized program of lectures, homework or self-paced study that adheres to an approved training program; (instruction théorique au sol)
high-performance aeroplane

high-performance aeroplane, with respect to a rating, means

(a) an aeroplane that is specified in the minimum flight crew document as requiring only one pilot and that has a maximum speed (Vne) of 250 KIAS or greater or a stall speed (Vso) of 80 KIAS or greater, or
(b) an amateur-built aeroplane that has a wing loading greater than that specified in section 549.103 of the Airworthiness Manual; (avion à hautes performances)

instrument time
instrument time[Repealed, SOR/2014-131, s. 8]
integrated course
integrated course means a course of pilot training developed using the principles of instructional systems design, in which all instructional stages are completed as one continuous course and the flight training elements are interrelated and sequenced to provide for the efficient achievement of the learning objectives; (cours intégré)
invigilator
invigilator means a person who is designated by the Minister to supervise a written examination; (surveillant)
main base
main base means a location at which a flight training unit has personnel, aircraft and facilities for the operation of a flight training service and that is established as the principal place of business of the flight training unit; (base principale)
minimum flight crew document
minimum flight crew document means a document, issued by the Minister, the Government of the United States or an aircraft manufacturer, that relates to an aircraft and that specifies the number of pilots required to operate the aircraft, but does not include an air operator certificate; (documentrelatif à l’équipage de conduite minimal)
operational control
operational control means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight; (contrôle d’exploitation)
operations specifications
operations specifications, in respect of a flight training unit, means the operations specifications set out in a flight training unit operator certificate, and includes any amendment to the conditions of operation; (spécifications d’exploitation)
pilot’s self-dispatch
pilot’s self-dispatch[Repealed, SOR/2014-131, s. 8]
pre-flight briefing
pre-flight briefing means a one-to-one practical briefing that is conducted just prior to a training flight for the purpose of ensuring that the trainee understands exactly what will take place during the flight; (exposé avant vol)
preparatory ground instruction
preparatory ground instruction means classroom-type instruction, generally on a one-to-one basis but not excluding group instruction, that is based on lesson plans contained in or developed from the applicable flight instructor guide; (instruction au sol avant vol)
satellite base
satellite base means a location at which a flight training unit has personnel, aircraft and facilities for the operation of a flight training service on a temporary basis; (base satellite)
solo flight time

solo flight time means, with respect to the flight time necessary to acquire a permit, licence or rating,

(a) in the case of a pilot, the flight time during which the pilot is the sole flight crew member, and
(b) in the case of a student pilot permit holder, the flight time during which the holder is the sole occupant of an aircraft while under the direction and supervision of the holder of an instructor rating for the appropriate category of aircraft; (temps de vol en solo)

sub-base
sub-base means a location at which a flight training unit positions aircraft and personnel and from which operational control is exercised in accordance with the flight training operations manual and operational control system; (base secondaire)
training flight
training flight means a dual instruction flight or a solo practice flight that is conducted under the direction and supervision of a flight instructor; (vol d’entraînement)
ultra-light aeroplane
ultra-light aeroplane includes a powered parachute and a powered para-glider. (avion ultra-léger)

(2) Any reference in this Part to a permit, licence, rating or foreign licence validation certificate is a reference to a valid Canadian permit, licence, rating or foreign licence validation certificate.
(3) Any reference in this Part to “military” is a reference to the Canadian Forces.

SOR/2001-49, s. 1;
SOR/2003-129, s. 2;
SOR/2005-320, s. 1;
SOR/2006-352, s. 4;
SOR/2010-26, s. 2;
SOR/2014-131, s. 8.

Previous Version

Division II — Examinations

Examination Rules

400.02 (1) Except as authorized by an invigilator, no person shall, or shall attempt to, in respect of a written examination,

(a) copy or remove from any place all or any portion of the text of the examination;
(b) give to or accept from any person a copy of all or any portion of the text of the examination;
(c) give help to or accept help from any person during the examination;
(d) complete all or any portion of the examination on behalf of any other person; or
(e) use any aid or written material during the examination.

(2) A person who commits an act prohibited under subsection (1) fails the examination and may not take any other examination for a period of one year.
(3) A person who uses a hand-held calculator during an examination shall use a hand-held calculator whose memory is cleared before and after the examination in the presence of the invigilator.

(4) A person who uses a hand-held electronic computer during an examination shall use a hand-held electronic computer

(a) that has been specifically designed for flight operations;
(b) that has been approved by the Minister for examination purposes; and
(c) whose memory is cleared before and after the examination in the presence of the invigilator.

SOR/2005-320, s. 2.

Time Limits

400.03 (1) Subject to subsection (3), written examinations, including all sections of a sectionalized examination, that are required for the issuance of a permit or licence or for the endorsement of a permit or licence with a rating shall be completed during the 24-month period preceding the date of the application for the permit, licence or rating.

(2) Subsection (1) does not apply in respect of examinations that are required for the issuance of

(a) a student pilot permit; or

(b) an airline transport pilot licence if examinations were previously written

(i) for the endorsement of a type rating, a mark of 70 per cent or higher was obtained on the examination and the type rating was issued;
(ii) for the issuance of the former senior commercial pilot licence, a mark of 70 per cent or higher was obtained on the examination and the senior commercial pilot licence was issued; or
(iii) for the issuance of an airline transport pilot licence — aeroplane, an airline transport pilot licence — aeroplane integrated course was successfully completed during the 5-year period preceding the date of the application for the licence and a course completion certificate was issued.

(3) The regulatory requirements examination referred to in subsection 566.03(5) of Standard 566 — Aircraft Maintenance Engineer Licensing and Training that is required for the issuance of an aircraft maintenance engineer (AME) licence shall be completed during the 12-month period immediately following the date on which the application for the licence is accepted by the Minister.

SOR/2001-49, s. 2;
SOR/2003-154, s. 2;
SOR/2006-352, s. 5;
SOR/2011-284, s. 2.

Previous Version

Rewriting of Examinations

400.04 (1) Subject to subsections (2) and (6), a person who fails an examination or a section of a sectionalized examination required for the issuance of a flight crew permit, licence, rating or foreign licence validation certificate is ineligible to rewrite the examination or the failed section for a period of

(a) in the case of a first failure, 14 days;
(b) in the case of a second failure, 30 days; and
(c) in the case of a third or subsequent failure, 30 days plus an additional 30 days for each failure in excess of two failures, up to a maximum of 180 days.

(2) A person who fails the Student Pilot Permit or Private Pilot Licence for Foreign and Military Applicants, Aviation Regulations (PSTAR) examination is eligible to rewrite the examination at any time after the person has received notice of the failure and has reviewed their weak knowledge areas.
(3) A person who fails an examination required for the issuance of an aircraft maintenance engineer (AME) licence or rating is eligible to rewrite the examination in accordance with the criteria specified in Chapter 566 of the Airworthiness Manual.
(4) A person who passes a sectionalized examination but fails one or more sections of that examination shall rewrite the failed section or sections in one sitting.
(5) Where a person requests to rewrite an examination, the Minister shall inform the person in writing of the date on which the person may rewrite the examination and whether the person is required to provide evidence of further study or instruction before rewriting the examination.
(6) If a person submits a request to the Minister to shorten the period between examination attempts, the Minister shall grant the request on receipt of confirmation that the person has reviewed their weak knowledge areas.

SOR/2001-49, s. 3.

Division III — Flight Training Service

Authorization to Operate Flight Training Service under NAFTA

400.05 (1) A person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a flight training service in Canada in accordance with Chapter 12 and Annex I — Canada of the North American Free Trade Agreement shall, prior to operating the service, obtain from the Minister an authorization to operate the service. The request for the authorization shall be in the form and shall contain the information specified in the Personnel Licensing and Training Standards respecting Flight Training Units.
(2) Subject to section 6.71 of the Act, the Minister shall, on receipt of a request referred to in subsection (1) and where the requirements of the Personnel Licensing and Training Standards respecting Flight Training Units are met, issue an authorization containing the conditions under which the flight training service may be operated.
(3) An authorization referred to in subsection (1) is required in addition to a flight training unit operator certificate for those persons who are required to hold a flight training unit operator certificate pursuant to Subpart 6.

Division IV — [Reserved]

400.06 [Reserved, SOR/2008-140, s. 1]

Division V — Change of Information

Change of Address

400.07 The holder of a permit or licence shall notify the Department of Transport of any change of permanent address within seven days after the change.

SOR/2001-49, s. 4;
SOR/2002-60, s. 1.

[400.08 reserved]
Subpart 1 — Flight Crew Permits, Licences and Ratings

Division I — General

Interpretation

401.01 Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards respecting Flight Crew Permits, Licences and Ratings.

401.02 [Reserved, SOR/2014-15, s. 1]

Requirement to Hold a Flight Crew Permit, Licence or Rating or a Foreign Licence Validation Certificate

[SOR/2003-129, s. 3]

401.03 (1) Subject to subsection (2), no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating unless

(a) the person holds the appropriate permit, licence or rating;
(b) the permit, licence or rating is valid;
(c) the person holds the appropriate medical certificate; and
(d) the person can produce the permit, licence or rating, and the certificate, when exercising those privileges.

(1.1) No person shall exercise the privileges of a foreign licence validation certificate unless the person

(a) holds the appropriate foreign licence validation certificate;
(b) has signed the certificate; and
(c) can produce the certificate when exercising those privileges.

(2) A person who holds a military flight crew permit, licence or rating or a flight crew permit, licence or rating issued by a contracting state other than Canada may act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating for the sole purpose of the person’s flight test where

(a) the test is conducted in accordance with section 401.15; and
(b) no passenger is carried on board the aircraft.

SOR/2003-129, s. 4;
SOR/2005-320, s. 3;
SOR/2010-26, s. 3;
SOR/2014-15, s. 2.

Previous Version

Flight Crew Members of Aircraft Registered in Contracting States Other Than Canada

401.04 No person shall act as a flight crew member or exercise the privileges of a flight crew licence in Canada in an aircraft registered in a contracting state other than Canada, unless the person holds, and can produce while so acting or while exercising such privileges,

(a) a flight crew permit or licence issued under this Subpart; or
(b) a flight crew licence, or a document equivalent to a foreign licence validation certificate, that is issued under the laws of the contracting state.

SOR/2003-129, s. 5.

Recency Requirements

401.05 (1) Notwithstanding any other provision of this Subpart, no holder of a flight crew permit, licence or rating, other than the holder of a flight engineer licence, shall exercise the privileges of the permit, licence or rating unless

(a) the holder has acted as pilot-in-command or co-pilot of an aircraft within the five years preceding the flight; or

(b) within the 12 months preceding the flight

(i) the holder has completed a flight review, in accordance with the personnel licensing standards, conducted by the holder of a flight instructor rating for the same category of aircraft,
(ii) the flight instructor who conducted the flight review has certified in the holder’s personal log that the holder meets the skill requirements for the issuance of the permit or licence set out in the personnel licensing standards, and
(iii) the holder has successfully completed the appropriate examination specified in the personnel licensing standards.

(2) Notwithstanding any other provision of this Subpart, no holder of a flight crew permit or licence, other than the holder of a flight engineer licence, shall exercise the privileges of the permit or licence in an aircraft unless the holder

(a) has successfully completed a recurrent training program in accordance with the personnel licensing standards within the 24 months preceding the flight; and

(b) where a passenger other than a flight test examiner designated by the Minister is carried on board the aircraft, has completed, within the six months preceding the flight,

(i) in the case of an aircraft other than a glider or a balloon, in the same category and class of aircraft as the aircraft, or in a Level B, C or D simulator of the same category and class as the aircraft, at least

(A) five night or day take-offs and five night or day landings, if the flight is conducted wholly by day, or
(B) five night take-offs and five night landings, if the flight is conducted wholly or partly by night,

(ii) in the case of a glider, at least

(A) five take-offs and five landings in a glider, or
(B) two take-offs and two landings in a glider with the holder of a flight instructor rating — glider and obtained a certification of competence to carry passengers on board a glider from that holder in accordance with the personnel licensing standards, and

(iii) in the case of a balloon, at least

(A) five landings in a balloon by day and five take-offs in a balloon by day or night, if the flight is conducted by day, or
(B) five landings in a balloon by day and five take-offs in a balloon by night, if the flight is conducted partly by night.

(3) No holder of an instrument rating shall exercise the privileges referred to in section 401.47 unless the holder has

(a) within the 12 months preceding the flight, successfully completed an instrument rating flight test in an aircraft or in a Level B, C or D simulator of the same group as the aircraft;
(b) within the six months preceding the flight, acquired six hours of instrument time and completed six instrument approaches to the minima specified in the Canada Air Pilot in an aircraft, in actual or simulated instrument meteorological conditions, or in a Level B, C or D simulator of the same category as the aircraft or in a flight training device under the supervision of a person who holds the qualifications referred to in subsection 425.21(9) of the Personnel Licensing and Training Standards respecting Flight Training;
(c) within the six months preceding the flight, acquired six hours of instrument time and completed six instrument approaches to the minima specified in the Canada Air Pilot in an aircraft, in actual or simulated instrument meteorological conditions, while acting as a flight instructor conducting training in respect of the endorsement of a flight crew licence or permit with an instrument rating; or

(d) successfully completed, for an aircraft, a competency check or pilot proficiency check for which the validity period has not expired and that included the instrument procedures portion of

(i) the Flight Test Guide — Competency Check (Private Operators), published by the Minister, in respect of aircraft operated under Subpart 4 of Part VI, and

(ii) the following schedules to the Commercial Air Services Standards in respect of the corresponding aircraft operated under Subparts 2 to 5 of Part VII:

(A) Schedule I to Standard 722 — Aerial Work in respect of aeroplanes operated under Subpart 2,
(B) Schedule II to Standard 722 — Aerial Work in respect of helicopters operated under Subpart 2,
(C) Schedule I to section 723.88 of Standard 723 — Air Taxi — Aeroplanes in respect of aeroplanes operated under Subpart 3,
(D) the schedule to section 723.88 of Standard 723 — Air Taxi — Helicopters in respect of helicopters operated under Subpart 3,
(E) Schedule I or II to section 724.108 of Standard 724 — Commuter Operations — Aeroplanes in respect of aeroplanes operated under Subpart 4,
(F) the Helicopter Schedule to section 724.108 of Standard 724 — Commuter Operations — Helicopters in respect of helicopters operated under Subpart 4, or
(G) Schedule I, II or III to section 725.106 of Standard 725 — Airline Operations — Aeroplanes in respect of aeroplanes operated under Subpart 5.

(4) No holder of a flight engineer licence shall exercise the privileges set out in section 401.37 unless

(a) the holder has acted as flight engineer on board an aircraft within the five years preceding the flight or has met the written examination requirements for the licence within the 12 months preceding the flight; and

(b) where a passenger or a trainee is carried on board the aircraft, the holder has, within the six months preceding the flight, acted as flight engineer

(i) in an aircraft of the same type, or
(ii) in a synthetic flight trainer for an aircraft of the same type.

(5) No holder of a second officer rating shall exercise the privileges set out in section 401.53 unless

(a) the holder has acted as a second officer on board an aircraft within the five years preceding the flight; and

(b) where a passenger or a trainee is carried on board the aircraft, the holder has, within the six months preceding the flight, acted as a second officer in

(i) an aircraft of the same type, or
(ii) a synthetic flight trainer for an aircraft of the same type.

(6) No holder of a flight instructor rating — ultra-light aeroplane shall exercise the privileges set out in section 401.88 unless

(a) the holder has

(i) acted as pilot-in-command or co-pilot of an aircraft within the five years preceding the flight, or
(ii) met the written examination requirements for the rating within the 12 months preceding the flight;

(b) the holder has successfully completed a recurrent training program in accordance with the personnel licensing standards within the 24 months preceding the flight; and
(c) the holder has, where a student is carried on board the aeroplane, completed at least five take-offs and five landings in an ultra-light aeroplane of the same control configuration within the six months preceding the flight.

SOR/2001-49, s. 5;
SOR/2011-284, s. 3;
SOR/2014-131, s. 9.

Previous Version

Issuance and Endorsement of Flight Crew Permits, Licences and Ratings

401.06 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue a flight crew permit or licence to the applicant or endorse the applicant’s flight crew permit or licence with a rating if the applicant provides documentation to the Minister that establishes

(a) the applicant’s citizenship;

(b) that the applicant meets the applicable requirements set out in the personnel licensing standards in respect of

(i) minimum age,
(ii) medical fitness,
(iii) knowledge,
(iv) experience, and
(v) skill; and

(c) that the applicant has successfully completed, within the applicable period specified in the personnel licensing standards preceding the date of application for the permit, licence or rating, a flight test in accordance with the personnel licensing standards.

(1.1) An application shall also include

(a) in the case of a licence or a permit, one photograph of the applicant that meets the requirements of subsection 421.06(3) of the personnel licensing standards; and
(b) in the case of a licence, documentation establishing that the applicant demonstrated, by means of an evaluation, their ability to speak and understand English or French, or both, at the operational or expert level in accordance with the language proficiency scale set out in the table to subsection 421.06(4) of the personnel licensing standards.

(2) The certification of additional privileges on a permit or licence expires at the end of the period specified on the licence or permit or on receipt of a new permit or licence granting those privileges, whichever is earlier.

(3) The Minister shall extend the validity period of an instrument rating or a flight instructor rating for a period of not more than 90 days beginning on the day on which the rating would otherwise expire, if

(a) the application for extension of the rating is made while the rating is still valid; and
(b) the applicant demonstrates that there has been no reasonable opportunity to renew the rating within the 90 days before the day on which the rating would otherwise expire.

SOR/2003-129, s. 6;
SOR/2006-352, s. 6;
SOR/2008-122, s. 1;
SOR/2008-140, s. 2.

Previous Version

Validation of Foreign Licences

401.07 (1) Subject to section 6.71 of the Act, if the holder of a foreign flight crew licence issued by a contracting state other than Canada meets the applicable requirements set out in the personnel licensing standards and does not reside in Canada, the Minister shall, on receipt of an application submitted in the form and manner set out in those standards, issue a foreign licence validation certificate to the holder of the licence.
(2) The Minister shall, in accordance with the personnel licensing standards, specify in a foreign licence validation certificate the privileges that may be exercised by the holder of the certificate.

SOR/2001-49, s. 6;
SOR/2008-140, s. 3.

Previous Version

Personal Logs

401.08 (1) Every applicant for, and every holder of, a flight crew permit, licence or rating shall maintain a personal log in accordance with subsection (2) and with the personnel licensing standards for the documentation of

(a) experience acquired in respect of the issuance of the flight crew permit, licence or rating; and
(b) recency.

(2) A personal log that is maintained for the purposes referred to in paragraphs (1)(a) and (b) shall contain the holder’s name and the following information in respect of each flight:

(a) the date of the flight;
(b) the type of aircraft and its registration mark;
(c) the flight crew position in which the holder acted;
(d) the flight conditions with respect to day, night, VFR and IFR;
(e) in the case of a flight in an aeroplane or helicopter, the place of departure and the place of arrival;
(f) in the case of a flight in an aeroplane, all of the intermediate take-offs and landings;
(g) the flight time;
(h) in the case of a flight in a glider, the method of launch used for the flight; and
(i) in the case of a flight in a balloon, the method of inflation used for the flight.

(3) No person shall make an entry in a personal log unless the person

(a) is the holder of the log; or
(b) has been authorized to make the entry by the holder of the log.

SOR/2001-49, s. 7.

Credits towards Requirements for a Flight Crew Permit, Licence or Rating

401.09 The Minister shall, in accordance with the personnel licensing standards, credit the flight time acquired by a person in acting as a flight crew member towards the issuance of the person’s flight crew permit or licence or the endorsement of the person’s flight crew licence or permit with a rating.

401.10 [Reserved, SOR/2014-15, s. 3]

Airline Transport Licence — Training Program and Recording of Time

401.11 (1) No person shall record in a personal log the flight time acquired by a co-pilot while acting as pilot-in-command under supervision, unless the flight time

(a) was acquired in accordance with an airline transport pilot licence training program approved by the Minister pursuant to subsection (2) and carried out in accordance with the personnel licensing standards; and
(b) is recorded in the personal log in accordance with the personnel licensing standards.

(2) The Minister shall approve a training program referred to in paragraph (1)(a) if the applicable requirements set out in the personnel licensing standards are met.

SOR/98-530, s. 2.

Validity of Flight Crew Permits and Licences

401.12 (1) A flight crew permit or licence that is issued in the form of a booklet label is not valid unless

(a) the label is affixed in an aviation document booklet;
(b) the booklet number displayed on the label matches the number of the booklet; and
(c) the booklet is signed by the holder.

(2) The validity period of a flight crew permit or licence that is issued in the form of a booklet label starts on the day on which it is issued and ends on the expiry date of the aviation document booklet in which it is affixed.
(3) The expiry date of an aviation document booklet that has a flight crew permit affixed in it but does not have a flight crew licence affixed in it is the first day of the sixty-first month following the day on which the booklet was issued.

(4) The expiry date of an aviation document booklet that has a flight crew licence affixed in it is

(a) the first day of the sixty-first month following the day on which the booklet was issued, if the application for the licence included documentation establishing that the holder demonstrated an expert level ability during their language proficiency evaluation; or
(b) the first day of the sixty-first month following the day on which the holder’s language proficiency evaluation was conducted, if the application for the licence included documentation establishing that the holder demonstrated an operational level ability during the evaluation.

(5) A flight crew permit or licence that was not issued in the form of a booklet label and is listed in column 1 of the table this subsection is valid until the day set out in column 2.
Table

Item
Column 1
Column 2

Flight Crew Permit or Licence
Expiry Date

1
Airline transport pilot licence — aeroplane
June 30, 2010

2
Airline transport pilot licence — helicopter
June 30, 2010

3
Commercial pilot licence — aeroplane
June 30, 2010

4
Commercial pilot licence — helicopter
June 30, 2010

5
Private pilot licence — aeroplane
June 30, 2010

6
Private pilot licence — helicopter
June 30, 2010

7
Flight engineer licence
June 30, 2010

8
Pilot licence — glider
December 31, 2010

9
Pilot licence — balloon
December 31, 2010

10
Pilot permit — recreational
December 31, 2010

11
Pilot permit — gyroplane
December 31, 2010

12
Pilot permit — ultra-light aeroplane
December 31, 2010

SOR/2010-26, s. 4.

Division II — Testing

Examination Prerequisites

401.13 (1) Prior to taking a written examination, an applicant for a flight crew permit, licence or rating shall meet the prerequisites for the examination set out in the personnel licensing standards with respect to

(a) medical fitness;
(b) identification;
(c) a recommendation from the flight instructor who is responsible for the training of the applicant; and
(d) experience.

(2) The applicant for a flight crew permit, licence or rating must be sufficiently competent in one of the official languages to be able to read the examination questions and to write the answers without assistance.

SOR/2001-49, s. 8.

Flight Test Prerequisites

401.14 Prior to taking a flight test, an applicant for a flight crew permit, licence or rating shall meet the prerequisites for the test set out in the personnel licensing standards with respect to

(a) medical fitness;
(b) identification;
(c) a recommendation from the flight instructor who is responsible for the training of the applicant;
(d) experience; and
(e) for applicants for a commercial pilot licence — aeroplane or helicopter, knowledge.

SOR/2006-352, s. 7.
Previous Version

Conduct of a Flight Test

401.15 No person shall conduct a flight test required for the issuance or renewal of a flight crew permit or licence or for the endorsement of a flight crew permit or licence with a rating unless

(a) the person

(i) is designated by the Minister to conduct the flight test, and
(ii) meets the requirements of section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training; and

(b) the flight test is conducted in accordance with

(i) Subpart 8, in the case of an aeroplane or helicopter, or
(ii) the personnel licensing standards, in any other case.

SOR/2001-49, s. 9;
SOR/2005-319, s. 2;
SOR/2011-284, s. 4.

Previous Version

Failure of a Flight Test

401.16 Where an applicant has failed a flight test, the applicant shall complete the remedial requirements specified in the personnel licensing standards prior to being retested.

Failure of a Flight Test for a Rating Renewal

401.17 (1) Where, during a flight test, the holder of a rating fails to meet the requirements specified in the personnel licensing standards for the lowest class of that rating, the Minister shall suspend the rating.
(2) Where, during a flight test for a flight instructor rating, the holder of a rating fails to meet the requirements specified in the personnel licensing standards for renewal of the rating but meets the requirements for a lower class of that rating the Minister shall endorse the holder’s licence with the lower class of that rating.

Examiner’s Endorsement of Personal Log — Gliders and Balloons

401.18 (1) Where the applicant for a pilot licence — glider successfully completes the flight test required for the licence, the flight test examiner shall so endorse the applicant’s personal log, recording therein the method of launch that was used for the flight test and any other information specified in the personnel licensing standards.
(2) Where the holder of a pilot licence — glider demonstrates, in accordance with the personnel licensing standards, additional methods of launch to an instructor who holds a flight instructor rating — glider, the instructor shall so endorse the holder’s personal log, recording therein the additional methods of launch used.
(3) Where an applicant for a pilot licence — balloon successfully completes the flight test required for the licence, the flight test examiner shall so endorse the applicant’s personal log, recording therein the method of inflation that was used for the flight test and any other information specified in the personnel licensing standards.
(4) Where the holder of a pilot licence — balloon demonstrates, in accordance with the personnel licensing standards, additional methods of inflation to an instructor who holds a flight instructor rating — balloon, the instructor shall so endorse the holder’s personal log, recording therein the additional methods of inflation used.

Division III — Student Pilot Permits

Privileges

401.19 (1) The holder of a student pilot permit may act as pilot-in-command of an aircraft of the category for which the permit is endorsed if

(a) the flight is conducted for the purpose of the holder’s flight training;
(b) the flight is conducted in Canada;
(c) the flight is conducted under day VFR;
(d) the flight is conducted under the direction and supervision of a person qualified to provide training toward the permit, licence or rating for which the pilot-in-command experience is required; and
(e) no passenger is carried on board.

(2) Despite paragraph (1)(c), the holder of a student pilot permit who is enrolled in an integrated course may act as pilot-in-command during a flight that is conducted under day or night VFR.

SOR/2014-15, s. 4.
Previous Version

Division IV — Pilot Permits

Gyroplanes — Privileges

401.20 The holder of a pilot permit — gyroplane may, under VFR, act as

(a) pilot-in-command of a gyroplane of a type for which the permit is endorsed with a rating; and

(b) pilot-in-command or co-pilot of an aircraft for the sole purpose of the holder’s flight training or flight test where

(i) in the case of flight training,

(A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and
(B) no passenger is carried on board, and

(ii) in the case of a flight test,

(A) it is conducted in accordance with section 401.15, and
(B) no passenger is carried on board.

SOR/2001-49, s. 10;
SOR/2011-284, s. 5;
SOR/2014-15, s. 5.

Previous Version

Ultra-light Aeroplanes — Privileges

401.21 The holder of a pilot permit — ultra-light aeroplane may, under day VFR,

(a) act as pilot-in-command of an ultra-light aeroplane with no other person on board;

(b) act as pilot-in-command of an ultra-light aeroplane with one other person on board if

(i) the holder’s permit is endorsed with a passenger-carrying rating,
(ii) the ultra-light aeroplane has no restrictions against carrying another person, and
(iii) the holder has completed training, including dual instruction and solo flight, on the class of ultra-light aeroplane being operated;

(c) act as pilot-in-command of an ultra-light aeroplane with one other person on board if the other person is a holder of a pilot licence or permit, other than a student pilot permit, that allows them to act as pilot-in-command of an ultra-light aeroplane; or

(d) act as pilot-in-command of an aircraft for the sole purpose of the holder’s flight training or flight test if

(i) in the case of flight training,

(A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and
(B) no other person is carried on board, and

(ii) in the case of a flight test,

(A) it is conducted in accordance with section 401.15, and
(B) no passenger is carried on board.

SOR/2001-49, s. 11;
SOR/2005-319, s. 3;
SOR/2011-284, s. 6;
SOR/2014-15, s. 6.

Previous Version

Recreational — Aeroplanes — Privileges

401.22 The holder of a pilot permit — recreational — aeroplane may, under day VFR, act as

(a) pilot-in-command of an aeroplane of a class and type in respect of which the permit is endorsed with a rating where

(i) the aeroplane is a single-engined aeroplane that is not a high-performance aeroplane,
(ii) the aeroplane is designed, or is authorized by a type certificate, to carry a maximum of four persons, and
(iii) no more than one passenger is carried on board;

(b) pilot-in-command of an ultra-light aeroplane; and

(c) pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where

(i) in the case of flight training,

(A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and
(B) no passenger is carried on board, and

(ii) in the case of a flight test,

(A) it is conducted in accordance with section 401.15, and
(B) no passenger is carried on board.

SOR/2001-49, s. 12;
SOR/2011-284, s. 7;
SOR/2014-15, s. 7.

Previous Version

Recreational — Helicopters — Privileges

401.23 The holder of a pilot permit — recreational — helicopter may, under day VFR, act as

(a) pilot-in-command of a helicopter of a type specified in the personnel licensing standards in respect of which the permit is endorsed with a rating where

(i) the helicopter is a single-engined helicopter,
(ii) no more than one passenger is carried on board; and
(iii) no external loads are carried; and

(b) pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where

(i) in the case of flight training,

(A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and
(B) no passenger is carried on board, and

(ii) in the case of a flight test,

(A) it is conducted in accordance with section 401.15, and
(B) no passenger is carried on board.

SOR/2001-49, s. 13;
SOR/2011-284, s. 8;
SOR/2014-15, s. 8.

Previous Version

Division V — Pilot Licence

Gliders — Privileges

401.24 The holder of a pilot licence — glider may, under day VFR, act as

(a) pilot-in-command of a glider in which no passenger is carried on board;

(b) pilot-in-command of a glider in which passengers are carried on board where

(i) the glider is launched by a method of launch endorsed by the holder of a flight instructor rating — glider in the holder’s personal log pursuant to subsection 401.18(1) or (2), and
(ii) the method of launch has been used by the holder for not less than three previous solo flights; and

(c) pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where

(i) in the case of flight training,

(A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and
(B) no passenger is carried on board, and

(ii) in the case of a flight test,

(A) it is conducted in accordance with section 401.15, and
(B) no passenger is carried on board.

SOR/2001-49, s. 14;
SOR/2011-284, s. 9;
SOR/2014-15, s. 9.

Previous Version

Balloons — Privileges

401.25 The holder of a pilot licence — balloon may, under VFR,

(a) act as pilot-in-command or co-pilot of a balloon that is inflated by a method of inflation endorsed by the holder of a flight instructor rating — balloon in the holder’s personal log pursuant to subsection 401.18(3) or (4) and that is of a type for which the licence is endorsed with a rating;

(b) act as pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where

(i) in the case of flight training,

(A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and
(B) no passenger is carried on board, and

(ii) in the case of a flight test,

(A) it is conducted in accordance with section 401.15, and
(B) no passenger is carried on board; and

(c) conduct a take-off in a balloon within a built-up area of a city or town where the holder complies with section 602.13 and the applicable requirements set out in the personnel licensing standards.

SOR/2001-49, s. 15;
SOR/2011-284, s. 10;
SOR/2014-15, s. 10.

Previous Version

Division VI — Private Pilot Licence

Aeroplanes — Privileges

401.26 The holder of a private pilot licence — aeroplane may act as

(a) pilot-in-command or co-pilot of an aeroplane of a class and type in respect of which the licence is endorsed with ratings;
(b) pilot-in-command of an ultra-light aeroplane; and

(c) pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where

(i) in the case of flight training,

(A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and
(B) no passenger is carried on board, and

(ii) in the case of a flight test,

(A) it is conducted in accordance with section 401.15, and
(B) no passenger is carried on board.

SOR/2001-49, s. 16;
SOR/2011-284, s. 11;
SOR/2014-15, s. 11.

Previous Version

Helicopters — Privileges

401.27 The holder of a private pilot licence — helicopter may act as

(a) pilot-in-command or co-pilot of a helicopter of a type in respect of which the licence is endorsed with ratings; and

(b) pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder’s flight training or flight test where

(i) in the case of flight training,

(A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and
(B) no passenger is carried on board, and

(ii) in the case of a flight test,

(A) it is conducted in accordance with section 401.15, and
(B) no passenger is carried on board.

SOR/2001-49, s. 17;
SOR/2011-284, s. 12;
SOR/2014-15, s. 12.

Previous Version

Aeroplanes and Helicopters — Reimbursement of Costs Incurred in respect of a Flight

[SOR/2005-320, s. 4(F)]

401.28 (1) The holder of a private pilot licence shall not act as the pilot-in-command of an aeroplane or helicopter for hire or reward unless the conditions set out in subsection (2), (3), (4) or (5), as applicable, are met.

(2) The holder of a private pilot licence may receive reimbursement for costs incurred in respect of a flight if the holder

(a) is the owner or operator of the aircraft;
(b) conducts the flight for purposes other than hire or reward;
(c) carries passengers only incidentally to the purposes of the flight; and

(d) receives a reimbursement that

(i) is provided only by the passengers referred to in paragraph (c), and
(ii) is for the purpose of sharing the costs of fuel, oil and fees charged against the aircraft in respect of the flight, as applicable.

(3) The holder of a private pilot licence may receive reimbursement from the holder’s employer for costs incurred in respect of a flight if the holder

(a) is employed on a full-time basis by the employer for purposes other than flying;
(b) conducts the flight on the employer’s business and the flight is incidental to the execution of the holder’s duties; and

(c) receives a reimbursement that

(i) in the case of an aircraft owned by the holder, is paid at a rate based on distance travelled or number of hours flown and that does not exceed the total of the holder’s direct operating costs and the fees charged against the aircraft in respect of the flight, or
(ii) in the case of a rental aircraft, does not exceed the total of the holder’s rental costs, direct operating costs and the fees charged against the aircraft in respect of the flight.

(4) The holder of a private pilot licence may receive reimbursement from a charitable, not-for-profit or public security organization in respect of a flight conducted by the holder as a volunteer for that organization if the reimbursement

(a) in the case of an aircraft owned by the holder, is paid at a rate based on distance travelled or number of hours flown and does not exceed the total of the holder’s direct operating costs and the fees charged against the aircraft in respect of the flight; or
(b) in the case of a rental aircraft, does not exceed the total of the holder’s rental costs, direct operating costs and the fees charged against the aircraft in respect of the flight.

(5) The holder of a private pilot licence who is a farmer, as defined in section 700.01, may conduct aerial work involving the dispersal of products for agricultural purposes for hire or reward if the holder

(a) does not hold an air operator certificate;
(b) owns the aircraft that is used to disperse the products;
(c) has at least 150 hours of flight time as pilot-in-command, including at least 25 hours of flight time in the type of aircraft being used;
(d) ensures that no more than the minimum number of crew members needed to disperse the products is on board the aircraft;
(e) ensures that the dispersal takes place within 25 miles of the centre of the holder’s farm; and
(f) ensures that no dispersal is conducted within a control zone without the authority of the appropriate air traffic control unit.

SOR/2005-320, s. 4.

[401.29 reserved]
Division VII — Commercial Pilot Licence

Aeroplanes — Privileges and Requirements

[SOR/2006-352, s. 8]

401.30 (1) Subject to subsection (3), the holder of a commercial pilot licence — aeroplane may, by day or night,

(a) exercise the privileges of a private pilot licence — aeroplane;
(b) exercise the privileges of a VFR OTT rating;

(c) while engaged in providing a commercial air service by means of an aeroplane of a class and type in respect of which the licence is endorsed with ratings, act as

(i) pilot-in-command of the aeroplane, if the minimum flight crew document for the aeroplane specifies a minimum flight crew of one pilot, or
(ii) co-pilot of the aeroplane;

(d) if qualified as a flight instructor in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, conduct flight instruction; and
(e) exercise private pilot licence — aeroplane privileges until the end of the medical validity period specified for the private pilot licence.

(2) Where an applicant meets the requirements specified in the personnel licensing standards in respect of a commercial pilot licence — aeroplane except the night flight time requirements, the Minister shall issue to the applicant a commercial pilot licence — aeroplane endorsed for daylight flying only.
(3) No holder of a commercial pilot licence — aeroplane whose licence is endorsed with a daylight-flying-only restriction shall exercise the privileges set out in paragraphs (1)(a) and (c) by night.
(4) The Minister shall remove the daylight-flying-only restriction if an applicant meets the night flight time requirements of the personnel licensing standards.

SOR/2001-49, s. 18;
SOR/2003-129, s. 7;
SOR/2005-320, s. 5;
SOR/2006-352, s. 9;
SOR/2011-284, s. 13.

Previous Version

Helicopters — Privileges and Requirements

[SOR/2006-352, s. 10]

401.31 (1) Subject to subsection (3), the holder of a commercial pilot licence — helicopter may, by day or night,

(a) exercise the privileges of a private pilot licence — helicopter;

(b) while engaged in providing a commercial air service by means of a helicopter of a type in respect of which the licence is endorsed with ratings, act as

(i) pilot-in-command of the helicopter, if the minimum flight crew document for the helicopter specifies a minimum flight crew of one pilot, or
(ii) co-pilot of the helicopter;

(c) if qualified as a flight instructor in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, conduct flight instruction; and
(d) exercise private pilot licence  —  helicopter privileges until the end of the medical validity period specified for the private pilot licence.

(2) Where an applicant meets the requirements specified in the personnel licensing standards for a commercial pilot licence — helicopter except the night flight time requirements, the Minister shall issue to the applicant a commercial pilot licence — helicopter endorsed for daylight flying only.
(3) No holder of a commercial pilot licence — helicopter whose licence is endorsed with a daylight-flying-only restriction shall exercise the privileges set out in paragraphs (1)(a) and (b) by night.
(4) The Minister shall remove the daylight-flying-only restriction if an applicant meets the night flight time requirements of the personnel licensing standards.

SOR/2001-49, s. 19;
SOR/2005-320, s. 6;
SOR/2006-352, s. 11;
SOR/2007-229, s. 1;
SOR/2011-284, s. 14.

Previous Version

Division VII.1 — Multi-crew Pilot Licence

Aeroplanes — Privileges

401.32 (1) The holder of a multi-crew pilot licence — aeroplane may act as co-pilot of a turbine-powered aeroplane that is operated day or night, under VFR, VFR OTT or IFR, if the aeroplane

(a) is a transport category aircraft;
(b) is an aeroplane for which a minimum flight crew document has been issued that specifies a minimum flight crew of two pilots;
(c) is of a type in respect of which the holder’s licence is endorsed with a rating; and
(d) is operated under subpart 4 of Part VI or under Part VII.

(2) The holder of a multi-crew pilot licence — aeroplane may act as pilot-in-command of any aircraft for the purpose of the holder’s flight training if the flight training is conducted in accordance with section 401.19.

SOR/2014-15, s. 13.

[401.33 reserved]
Division VIII — Airline Transport Pilot Licence

Aeroplanes — Privileges

401.34 (1) Subject to subsection (2), the holder of an airline transport pilot licence — aeroplane may exercise the privileges of a private pilot licence — aeroplane and a commercial pilot licence — aeroplane.

(2) The holder of an airline transport pilot licence — aeroplane endorsed with a Group 1 instrument rating may, while engaged in providing a commercial air service by means of an aeroplane of a class and type in respect of which the licence is endorsed with a rating, act as

(a) pilot-in-command of the aeroplane, if the minimum flight crew document for that aeroplane specifies a minimum flight crew of two pilots; or
(b) co-pilot of the aeroplane.

SOR/2001-49, s. 20.

Helicopters — Privileges

401.35 (1) The holder of an airline transport pilot licence — helicopter may

(a) exercise the privileges of a private pilot licence — helicopter and a commercial pilot licence — helicopter; and
(b) while engaged in providing a commercial air service by means of a helicopter of a type for which the licence is endorsed with ratings, act as pilot-in-command or co-pilot of the helicopter.

(2) Where an applicant meets the requirements specified in the personnel licensing standards for an airline transport pilot licence — helicopter except the night and instrument flight time requirements, the Minister shall issue to the applicant an airline transport pilot licence — helicopter restricted to aerial work only.

SOR/2005-320, s. 7.

[401.36 reserved]
Division IX — Flight Engineer Licence

Privileges

401.37 (1) The holder of a flight engineer licence may

(a) act as flight engineer in an aircraft of a type for which the licence is endorsed with a rating; and

(b) act as flight engineer in any aircraft for the sole purpose of the holder’s flight training or competency check if

(i) the flight training is conducted under the supervision of a person qualified to give flight engineer training, or
(ii) the competency check is conducted by a person qualified to conduct the check.

(2) A holder of a flight engineer licence who supervises other holders of flight engineer licences may conduct flight training and competency checks in respect of

(a) the issuance of a flight engineer licence;
(b) the endorsement of a flight engineer licence with an aircraft type rating;
(c) the endorsement of a commercial pilot licence — aeroplane or an airline transport pilot licence — aeroplane with a second officer rating; and
(d) the endorsement of a licence with an aircraft type rating for second officer privileges, if the licence has a second officer rating.

SOR/2005-320, s. 8.

Division X — Aeroplane Class Ratings

Rating

401.38 The Minister shall endorse the following permits and licences with an aeroplane class rating if the applicant for the rating meets the requirements referred to in section 401.06:

(a) private pilot licence — aeroplane;
(b) commercial pilot licence — aeroplane;
(c) airline transport pilot licence — aeroplane; and
(d) pilot permit — recreational — aeroplane.

Privileges

401.39 The holder of a permit or licence that has been endorsed with an aeroplane class rating may exercise the privileges of the permit or licence in the class of aeroplane for which the permit or licence is endorsed.
SOR/2002-111, s. 1.

Division XI — Aircraft Type Ratings

Blanket and Individual Type Ratings

401.40 The Minister shall endorse the permits and licences specified in the personnel licensing standards with a blanket aircraft type rating or an individual type rating if the applicant for the rating meets the requirements referred to in section 401.06.

Privileges

401.41 The holder of a permit or licence that has been endorsed with a blanket aircraft type rating or an individual type rating may exercise the privileges of the permit or licence in the blanket aircraft type or individual aircraft type for which the permit or licence is endorsed.
SOR/2002-111, s. 2.

Division XII — Night Rating

Rating

401.42 The Minister shall endorse the following permits and licences with a night rating if the applicant for the rating meets the requirements referred to in section 401.06:

(a) private pilot licence — aeroplane;
(b) private pilot licence — helicopter;
(c) pilot licence — balloon; and
(d) pilot permit — gyroplane.

Privileges

401.43 The holder of a permit or licence that has been endorsed with a night rating may exercise the privileges of the permit or licence by night.
SOR/2002-111, s. 3.

Division XIII — VFR Over-the-Top Rating

Rating

401.44 The Minister shall endorse the following licences with a VFR OTT rating if the applicant for the rating meets the requirements referred to in section 401.06:

(a) private pilot licence — aeroplane;
(b) private pilot licence — helicopter;
(c) commercial pilot licence — helicopter; and
(d) airline transport pilot licence — helicopter.

Privileges

401.45 The holder of a licence that has been endorsed with a VFR OTT rating may exercise the privileges of the licence in VFR OTT flight in accordance with section 602.116.

Division XIV — Instrument Rating

Rating

401.46 (1) The Minister shall endorse the following licences with an instrument rating if the applicant for the rating meets the requirements referred to in section 401.06:

(a) pilot licence — aeroplane; and
(b) pilot licence — helicopter.

(2) Where the Minister has endorsed a licence with an instrument rating, the Minister shall endorse the licence with the group of aircraft in respect of which the privileges may be exercised.

Privileges

401.47 The holder of a licence endorsed with an instrument rating may exercise

(a) the privileges of the licence under IFR in accordance with Part VI, Subpart 2, Division VII in respect of the group of aircraft endorsed on the licence; and
(b) the privileges accorded by a VFR OTT rating.

Period of Validity

401.48 An instrument rating is valid for the period specified on the licence in accordance with the personnel licensing standards, where the period does not exceed 24 months.

Renewal of Instrument Rating

401.49 The Minister shall renew an instrument rating in accordance with the personal licensing standards if the holder of the rating continues to meet the requirements referred to in section 401.06 for the endorsement of the rating.

[401.50 and 401.51 reserved]
Division XV — Second Officer Rating

Rating

401.52 The Minister shall endorse the following licences with a second officer rating if the applicant for the rating meets the requirements referred to in section 401.06:

(a) commercial pilot licence — aeroplane;
(b) airline transport pilot licence — aeroplane; and
(c) multi-crew pilot licence — aeroplane.

SOR/2014-15, s. 14.
Previous Version

Privileges

401.53 (1) The holder of a second officer rating may

(a) act as second officer in any aeroplane of a type to which the rating applies;

(b) act as second officer in any aeroplane for the sole purpose of the holder’s own flight training or competency check if

(i) the flight training is conducted under the supervision of a person qualified to give second officer training, or
(ii) the competency check is conducted by a person qualified to conduct the check; and

(c) act as a flight engineer in an aeroplane of a type to which the rating applies.

(2) A holder of a second officer rating who supervises other holders of second officer ratings may conduct flight training and competency checks in respect of

(a) the endorsement of a commercial pilot licence — aeroplane or an airline transport pilot licence — aeroplane with a second officer rating; and
(b) the endorsement of a licence with an aircraft type rating for second officer privileges, if the holder holds a second officer rating.

SOR/2001-49, s. 21;
SOR/2005-320, s. 9.

[401.54 reserved]
Division XVI — Passenger-Carrying Rating — Ultra-Light Aeroplane

Rating

401.55 The Minister shall endorse a pilot permit — ultra-light aeroplane with a passenger-carrying rating if the applicant for the rating meets the requirements referred to in section 401.06.

SOR/2005-319, s. 4;
SOR/2011-284, s. 15.

Previous Version

Privileges

401.56 The holder of a pilot permit — ultra-light aeroplane endorsed with a passenger-carrying rating may carry one other person on board an ultra-light aeroplane if it has no restrictions against carrying another person.
SOR/2005-319, s. 4.

[401.57 to 401.60 reserved]
Division XVII — Flight Instructor Ratings — Aeroplane and Helicopter

Rating

401.61 (1) The Minister shall endorse the following licences with a Class 1, 2, 3 or 4 flight instructor rating — aeroplane if the applicant for the rating meets the requirements referred to in section 401.06:

(a) commercial pilot licence — aeroplane; and
(b) airline transport pilot licence — aeroplane.

(2) The Minister shall endorse the following licences with a Class 1, 2, 3, or 4 flight instructor rating — helicopter if the applicant for the rating meets the requirements referred to in section 401.06:

(a) commercial pilot licence — helicopter; and
(b) airline transport pilot licence — helicopter.

Class 4 Supervision Requirement

401.62 Subject to paragraph 401.69(e), no holder of a Class 4 flight instructor rating — aeroplane or a Class 4 flight instructor rating — helicopter shall exercise the privileges accorded by that rating unless the holder

(a) is conducting the training in accordance with a flight training unit operator certificate; and
(b) is under the supervision of a supervising instructor of the flight training unit.

SOR/2001-49, s. 22.

Class 1 or 2 — Supervision of the Holder of a Class 4 Flight Instructor Rating — Aeroplane and Helicopter

401.63 (1) Where the holder of a Class 1 or Class 2 flight instructor rating — aeroplane supervises the holder of a Class 4 flight instructor rating — aeroplane, the holder of the Class 1 or Class 2 rating shall do so in accordance with the personnel licensing standards.
(2) Where the holder of a Class 1 or Class 2 flight instructor rating — helicopter supervises the holder of a Class 4 flight instructor rating — helicopter, the holder of the Class 1 or Class 2 rating shall do so in accordance with the personnel licensing standards.

Class 4 — Record Keeping

401.64 The holder of a Class 4 flight instructor rating — aeroplane or a Class 4 flight instructor rating — helicopter shall, in respect of the trainees under the supervision of the holder, keep records in accordance with the personnel licensing standards.

Period of Validity

401.65 A Class 1, 2, 3 or 4 flight instructor rating — aeroplane or a Class 1, 2, 3 or 4 flight instructor rating — helicopter is valid for the period specified on the licence in accordance with the personnel licensing standards.

Renewal of Flight Instructor Rating

401.66 The Minister shall renew a flight instructor rating in accordance with the personnel licensing standards if the holder of the rating continues to meet the requirements for the endorsement of the rating referred to in section 401.06.

Flight Test Records

401.67 (1) The Minister shall establish, maintain and evaluate a flight test record for each holder of a flight instructor rating — aeroplane, flight instructor rating — helicopter or flight instructor rating — aeroplane — aerobatic in accordance with the personnel licensing standards.
(2) Where the evaluation of a flight test record done pursuant to subsection (1) indicates that follow-up action is required, the Minister shall ensure that the follow-up action is carried out in accordance with the personnel licensing standards.

SOR/2006-352, s. 12.
Previous Version

[401.68 reserved]
Division XVIII — Flight Instructor Rating — Aeroplane

Class 4 — Privileges

401.69 The holder of a Class 4 flight instructor rating — aeroplane may

(a) conduct dual flight instruction in respect of the issuance of a pilot permit — recreational — aeroplane or pilot licence — aeroplane or the endorsement of a night rating or a VFR OTT rating on a pilot licence — aeroplane;
(b) authorize a trainee to conduct a solo flight in an aeroplane;
(c) recommend a trainee for a flight test in respect of the issuance of a pilot permit — recreational — aeroplane or pilot licence — aeroplane;
(d) recommend a trainee for the endorsement of a night rating or a VFR OTT rating on the trainee’s pilot licence — aeroplane; and
(e) exercise the privileges of a flight instructor rating — ultra-light aeroplane without being under the supervision prescribed in paragraph 401.62(b).

SOR/2001-49, s. 23.

Class 3 — Privileges

401.70 The holder of a Class 3 flight instructor rating — aeroplane may

(a) exercise the privileges of a Class 4 flight instructor rating — aeroplane; and
(b) act as chief flight instructor of a flight training unit where there is no other flight instructor for the flight training unit.

Class 2 — Privileges

401.71 The holder of a Class 2 flight instructor rating — aeroplane may

(a) exercise the privileges of a Class 3 flight instructor rating — aeroplane;
(b) supervise the holder of a Class 4 flight instructor rating — aeroplane; and
(c) act as chief flight instructor of a flight training unit.

Class 1 — Privileges

401.72 The holder of a Class 1 flight instructor rating — aeroplane may

(a) exercise the privileges of a Class 2 flight instructor rating — aeroplane; and
(b) conduct ground school instruction and flight training in respect of the endorsement of a flight instructor rating — aeroplane.

[401.73 to 401.76 reserved]
Division XIX — Flight Instructor Rating — Helicopter

Class 4 — Privileges

401.77 The holder of a Class 4 flight instructor rating — helicopter may

(a) conduct dual flight instruction in respect of the issuance of a pilot permit — recreational — helicopter or pilot licence — helicopter or the endorsement of a night rating or a VFR OTT rating on a pilot licence — helicopter;
(b) authorize a trainee to conduct a solo flight in a helicopter;
(c) recommend a trainee for a flight test in respect of the issuance of a pilot permit — recreational — helicopter or pilot licence — helicopter; and
(d) recommend a trainee for the endorsement of a night rating or a VFR OTT rating on the trainee’s pilot licence — helicopter.

SOR/2001-49, s. 24.

Class 3 — Privileges

401.78 The holder of a Class 3 flight instructor rating — helicopter may exercise the privileges of a Class 4 flight instructor rating — helicopter.

Class 2 — Privileges

401.79 The holder of a Class 2 flight instructor rating — helicopter may

(a) exercise the privileges of a Class 3 flight instructor rating — helicopter;
(b) supervise the holder of a Class 4 flight instructor rating — helicopter; and
(c) act as chief flight instructor of a flight training unit.

Class 1 — Privileges

401.80 The holder of a Class 1 flight instructor rating — helicopter may

(a) exercise the privileges of a Class 2 flight instructor rating — helicopter; and
(b) conduct ground school instruction and flight training in respect of the endorsement of a licence with a flight instructor rating — helicopter.

Division XX — Flight Instructor Ratings — Glider, Balloon and Gyroplane

Rating

401.81 The Minister shall, as appropriate, endorse the following permits and licences with a flight instructor rating — glider, balloon or gyroplane if the applicant for the rating meets the requirements referred to in section 401.06:

(a) pilot permit — gyroplane;
(b) pilot licence — glider; and
(c) pilot licence — balloon.

Gliders — Privileges

401.82 The holder of a flight instructor rating — glider may

(a) conduct dual flight instruction in respect of the issuance of a pilot licence — glider;
(b) conduct dual flight instruction in respect of the endorsement of a type rating on a pilot licence — glider;
(c) authorize a trainee to conduct solo flight in a glider;
(d) conduct ground school instruction and flight training in respect of the endorsement of a pilot licence — glider with a flight instructor rating — glider;

(e) conduct a flight test and recommend a trainee for

(i) the issuance of a pilot licence — glider,
(ii) the endorsement of a pilot licence — glider with a type rating, or
(iii) the endorsement of a pilot licence — glider with a flight instructor rating — glider;

(f) certify the competency of the holder of a pilot licence — glider to carry passengers in a glider; and
(g) endorse a trainee’s personal log in respect of methods of launch.

Balloons — Privileges

401.83 The holder of a flight instructor rating — balloon may

(a) authorize a trainee to conduct solo flight in a balloon;
(b) conduct ground school instruction and dual flight instruction in respect of the endorsement of a pilot licence — balloon with a flight instructor rating — balloon;

(c) conduct a flight test and recommend a trainee for

(i) the issuance of a pilot licence — balloon, or
(ii) the endorsement of a pilot licence — balloon with a flight instructor rating — balloon;

(d) recommend a trainee for the endorsement of a type rating on the trainee’s pilot licence — balloon;

(e) where the holder’s licence is endorsed with a night rating,

(i) conduct dual flight instruction in respect of the endorsement of a night rating on a pilot licence — balloon, and
(ii) recommend a trainee for the endorsement of a night rating on the trainee’s pilot licence — balloon;

(f) endorse a trainee’s personal log in respect of methods of inflation; and
(g) conduct dual flight instruction in respect of the issuance of a pilot licence — balloon.

SOR/2001-49, s. 25.

Gyroplanes — Privileges

401.84 The holder of a flight instructor rating — gyroplane may

(a) conduct flight instruction in respect of the issuance of a pilot permit — gyroplane or the endorsement of a type rating on such a permit;
(b) authorize a trainee to conduct solo flight in a gyroplane;
(c) recommend a trainee for a flight test in respect of the issuance of a pilot permit — gyroplane;
(d) recommend a trainee for the endorsement of a type rating on the trainee’s pilot permit — gyroplane;

(e) where the holder’s licence is endorsed with a night rating,

(i) conduct flight training in respect of the endorsement of a night rating on a pilot permit — gyroplane, and
(ii) recommend a trainee for the endorsement of a night rating on the trainee’s pilot permit — gyroplane; and

(f) where the holder has acquired the experience and qualifications specified in the personnel licensing standards,

(i) conduct ground school instruction and flight training in respect of the endorsement of a flight instructor rating — gyroplane on a pilot permit — gyroplane,
(ii) recommend a trainee for a flight test for the endorsement of a flight instructor rating — gyroplane on a pilot permit — gyroplane, and

(iii) conduct a flight test and recommend a trainee for

(A) the issuance of a pilot permit — gyroplane, or
(B) the endorsement of a pilot permit — gyroplane with a flight instructor rating — gyroplane.

Period of Validity

401.85 (1) Flight instructor ratings — glider and balloon are valid for the period specified on the licence in accordance with the personnel licensing standards, if the period does not exceed 37 months.
(2) A flight instructor rating — gyroplane is valid for the period specified on the licence in accordance with the personnel licensing standards, if the period does not exceed 13 months.

Renewal of Flight Instructor Ratings — Glider, Balloon and Gyroplane

401.86 The Minister shall renew a flight instructor rating — glider, balloon or gyroplane in accordance with the personnel licensing standards, where the holder of the rating continues to meet the requirements referred to in section 401.06 for the endorsement of the rating.

Division XXI — Flight Instructor Rating — Ultra-Light Aeroplane

Rating

401.87 The Minister shall endorse a pilot permit — ultra-light aeroplane with a flight instructor rating — ultra-light aeroplane if the applicant for the rating meets the requirements referred to in section 401.06.

Privileges

401.88 The holder of a flight instructor rating — ultra-light aeroplane may

(a) operate an ultra-light aeroplane with one other person on board if the holder has not less than 10 hours of flight time as a pilot of an ultra-light aeroplane with the same control configuration and the flight is conducted for the purpose of providing dual flight instruction for

(i) the issuance of a pilot permit — ultra-light aeroplane,
(ii) the endorsement of a pilot permit — ultra-light aeroplane with a passenger-carrying rating, or
(iii) the endorsement of a pilot permit — ultra-light aeroplane with a flight instructor rating — ultra-light aeroplane;

(b) authorize the holder of a student pilot permit — ultra-light aeroplane to conduct a solo flight in an ultra-light aeroplane;
(c) conduct ground school instruction for the endorsement of a pilot permit — ultra-light aeroplane with a flight instructor rating —ultra-light aeroplane;

(d) certify that an applicant has demonstrated the ability to meet the level of competency specified in the personnel licensing standards for

(i) the issuance of a pilot permit — ultra-light aeroplane, or
(ii) the endorsement of a pilot permit — ultra-light aeroplane with a flight instructor rating — ultra-light aeroplane; and

(e) recommend an applicant for a flight test for the issuance of a passenger-carrying rating.

SOR/2005-319, s. 5.

Period of Validity

401.89 A flight instructor rating — ultra-light aeroplane is valid for the period specified on the licence in accordance with the personnel licensing standards, if the period does not exceed 61 months.
SOR/2001-49, s. 26.

Renewal of Flight Instructor Rating — Ultra-light Aeroplane

401.90 The Minister shall renew a flight instructor rating — ultra-light aeroplane in accordance with the personnel licensing standards where the holder of the rating continues to meet the requirements referred to in section 401.06 for the endorsement of the rating.
SOR/2003-129, s. 8(E).

Division XXII — Flight Instructor Rating — Aeroplane — Aerobatic

Rating

401.91 The Minister shall endorse a commercial pilot licence — aeroplane or an airline transport pilot licence — aeroplane with a Class 1 or Class 2 flight instructor rating — aeroplane — aerobatic if the applicant for the rating meets the requirements referred to in section 401.06.

Class 2 Rating — Privileges

401.92 The holder of a Class 2 flight instructor rating — aeroplane — aerobatic may

(a) conduct flight instruction in the performance of aerobatic manoeuvres; and
(b) certify a licensed pilot’s personal log with respect to competency to perform aerobatic manoeuvres.

Class 1 Rating — Privileges

401.93 The holder of a Class 1 flight instructor rating — aeroplane — aerobatic may

(a) exercise the privileges of a Class 2 flight instructor rating — aeroplane — aerobatic;
(b) provide ground school and flight instruction in respect of the endorsement of a licence with a flight instructor rating — aeroplane — aerobatic; and
(c) recommend a trainee for a flight test in respect of the endorsement of the trainee’s licence with a flight instructor rating — aeroplane — aerobatic.

Division XXIII — Flight Instructor Rating — Glider — Aerobatic

Rating

401.94 The Minister shall endorse a licence endorsed with a flight instructor rating — glider with a flight instructor rating — glider — aerobatic if the applicant for the flight instructor rating — glider — aerobatic meets the requirements referred to in section 401.06.

Privileges

401.95 The holder of a flight instructor rating — glider — aerobatic may

(a) provide, in a glider, flight instruction in the performance of aerobatic manoeuvres;
(b) provide dual flight instruction to the holder of a flight instructor rating — glider in respect of the endorsement of the holder’s licence with an aerobatic rating — glider; and
(c) recommend the holder of a flight instructor rating — glider for the endorsement of an aerobatic rating — glider on the holder’s licence.

[401.96 to 401.99 reserved]
Subpart 2 — Air Traffic Controller Licences and Ratings

Division I — General

Interpretation

402.01 (1) In this Subpart, proficiency check means an assessment of the operational knowledge, skill and judgement of the holder of, or an applicant for, an air traffic control licence or rating, with respect to the provision of the requisite air traffic services relating to that licence or rating at an operational location.
(2) Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards respecting Air Traffic Controller Licences and Ratings.

Application

402.02 This Subpart applies to persons who hold an air traffic controller licence or who apply for the issuance of such a licence or the endorsement of such a licence with a rating.

Issuance and Endorsement of Air Traffic Controller Licences and Ratings

402.03 (1) Subject to section 6.71 of the Act and subsections (3) and (4), the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue an air traffic controller licence or endorse the applicant’s air traffic controller licence with a rating where the applicant provides documentation to the Minister that establishes

(a) the applicant’s citizenship; and

(b) that the applicant meets the applicable requirements set out in the personnel licensing standards in respect of

(i) minimum age,
(ii) medical fitness,
(iii) knowledge, and
(iv) experience.
(v) [Repealed, SOR/2008-122, s. 2]

(1.1) An application shall also include

(a) one photograph of the applicant that meets the requirements of subsection 422.03(3) of the personnel licensing standards; and
(b) documentation establishing that the applicant demonstrated, by means of an evaluation, their ability to speak and understand English, or both English and French, at the operational or expert level in accordance with the language proficiency scale set out in the table to subsection 422.03(4) of the personnel licensing standards.

(2) The Minister may specify in an air traffic controller licence any condition in respect of the exercise of the privileges of the licence or the privileges of a rating endorsed on the licence, if the condition is required to ensure aviation safety, including any condition in respect of

(a) the training of the licence holder;
(b) the supervision of the licence holder;
(c) the equipment that the licence holder may use; or
(d) the operational location at which the licence holder may exercise the privileges of the holder’s air traffic controller licence.

(3) Where air traffic control services are provided at an operational location in English only, the Minister shall not endorse an air traffic controller licence with a rating for that operational location unless the applicant has passed an examination that demonstrates that the applicant is sufficiently competent in the use of that language to be able to engage in two-way radiocommunication involving the exchange of safety and control messages.
(4) Where air traffic control services are provided at an operational location in both official languages, the Minister shall not endorse an air traffic controller licence with a rating for that operational location unless the applicant has passed an examination that demonstrates that the applicant is sufficiently competent in the use of both official languages to be able to engage in two-way radiocommunication involving the exchange of safety and control messages.

SOR/2008-122, s. 2.
Previous Version

Prohibitions

402.04 (1) No person shall act as an air traffic controller or exercise the privileges of an air traffic controller licence unless

(a) the person holds an air traffic controller licence endorsed with a rating appropriate to the privileges being exercised and with the appropriate operational location;
(b) the licence is valid;
(c) the person holds a valid Category 1 or 2 medical certificate; and
(d) the person can produce the licence and certificate when exercising those privileges.

(2) Paragraph (1)(a) does not apply to a person who, while under supervision, acts as an air traffic controller or exercises the privileges of an air traffic controller licence when undergoing

(a) instruction, training or testing in respect of an air traffic controller licence; or
(b) ATC unit familiarization in the course of the person’s employment.

SOR/2010-26, s. 5.
Previous Version

Recency Requirements

402.05 The holder of an air traffic controller licence shall not exercise the privileges of that licence at an air traffic control unit unless the holder has successfully completed a proficiency check within the preceding 12 months.

Provisional Licences and Ratings

402.06 (1) Where an applicant for an air traffic controller licence or for the endorsement of such a licence with a rating meets the applicable requirements set out in the personnel licensing standards, the Minister shall, as appropriate,

(a) issue a provisional air traffic controller licence to the applicant endorsed with a rating appropriate to the functions to be exercised and with the appropriate operational location; or
(b) endorse the applicant’s air traffic controller licence with a provisional rating for the appropriate operational location.

(2) A provisional air traffic controller licence or rating remains in effect until the earlier of

(a) the date of issuance of an air traffic controller licence by the Minister pursuant to section 402.03, and
(b) a date 90 days after the issuance of the provisional air traffic controller licence or the endorsement of an air traffic controller licence with a provisional rating.

Privileges

402.07 The holder of an air traffic controller licence may, in accordance with Part VIII, the personnel licensing standards and the Canadian Domestic Air Traffic Control Separation Standards, provide or supervise air traffic control services to

(a) airport traffic at any operational location for which the licence is endorsed with an airport control rating;
(b) aircraft at any operational location for which the licence is endorsed with a terminal control rating, an area control rating or an oceanic control rating; or
(c) airshow traffic at the operational location in respect of which a special flight operations certificate has been issued by the Minister pursuant to section 603.67.

Validity of Air Traffic Controller Licences

402.08 (1) An air traffic controller licence that is issued in the form of a booklet label is not valid unless

(a) the label is affixed in an aviation document booklet;
(b) the booklet number displayed on the label matches the number of the booklet; and
(c) the booklet is signed by the holder.

(2) The validity period of an air traffic controller licence that is issued in the form of a booklet label starts on the day on which it is issued and ends on the expiry date of the aviation document booklet in which it is affixed.

(3) The expiry date of an aviation document booklet that has an air traffic controller licence affixed in it is

(a) the first day of the sixty-first month following the day on which the booklet was issued, if the application for the licence included documentation establishing that the holder demonstrated an expert level ability during their language proficiency evaluation; or
(b) the first day of the sixty-first month following the day on which the holder’s language proficiency evaluation was conducted, if the application for the licence included documentation establishing that the holder demonstrated an operational level ability during the evaluation.

(4) An air traffic controller licence, other than a provisional air traffic controller licence, that was not issued in the form of a booklet label is valid until June 30, 2010.

SOR/2010-26, s. 6.

Language Proficiency Evaluations

402.09 If the documentation included with an application for an air traffic controller licence that was issued in the form of a booklet label establishes that the holder demonstrated an operational level ability during their language proficiency evaluation, the holder shall, for the purposes of renewing the licence, be evaluated again within the six months preceding the expiry date of the aviation document booklet in which it is affixed.
SOR/2010-26, s. 6.

[402.10 to 402.15 reserved]
Division II — Training Records

Training Records

402.16 The manager of an ATC unit shall

(a) maintain, on a form provided by the Minister, a training record for each person undergoing training at the ATC unit for the purpose of obtaining a rating or operational location endorsement in respect of the ATC unit;
(b) enter the licence number of the training officer or supervisor in the training record and certify that any information entered in the record is correct by signing and dating the entry and any amendment thereto;
(c) at the request of any person who is undergoing or has undergone training at the ATC unit, provide a copy of the person’s training record to the person; and
(d) at the request of the Minister, provide the Minister with a copy of the training record of any person who is undergoing or has undergone training at the ATC unit and who holds an air traffic controller licence.

[402.17 reserved]
Subpart 3 — Aircraft Maintenance Engineer Licences and Ratings

Division I — General

Application

403.01 This Subpart applies to

(a) holders of an aircraft maintenance engineer (AME) licence and applicants for the issuance or renewal of such a licence; and
(b) approved training organizations that provide aircraft maintenance training courses, and persons applying to become approved training organizations.

Requirement to Hold AME Licence

403.02 (1) Subject to subsection (2), no person shall exercise the privileges of an aircraft maintenance engineer (AME) licence unless the person

(a) holds an AME licence issued pursuant to this Subpart;
(b) exercises the privileges in accordance with the ratings and any limitations endorsed on the licence; and
(c) exercises the privileges in accordance with Part V.

(2) A person who does not meet the conditions specified in subsection (1) may sign a maintenance release if the person holds a restricted certification authority issued pursuant to Part V.

Issuance and Endorsement of AME Licence

403.03 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in Chapter 566 of the Airworthiness Manual, issue an aircraft maintenance engineer (AME) licence to the applicant or endorse the applicant’s AME licence with a rating, where the applicant provides documentation to the Minister that establishes

(a) the applicant’s citizenship; and

(b) that the applicant meets the requirements set out in Chapter 566 of the Airworthiness Manual in respect of

(i) minimum age,
(ii) training,
(iii) knowledge,
(iv) experience, and
(v) skill.

Validity Period of AME Licence

403.04 Subject to section 403.05, an aircraft maintenance engineer (AME) licence is valid for the period specified in the licence.

Recency Requirements

403.05 (1) No holder of an aircraft maintenance engineer (AME) licence shall exercise the privileges of the licence unless

(a) the licence was issued within the preceding 24 months; or

(b) the holder of the licence has, for at least six months within the preceding 24 months,

(i) performed aircraft maintenance,
(ii) supervised the performance of aircraft maintenance,
(iii) supervised in an executive capacity the performance of aircraft maintenance, or
(iv) served as an aviation maintenance instructor or supervised another aviation maintenance instructor in an aircraft maintenance training course provided by an approved training organization.

(2) The holder of an AME licence who is not in compliance with subsection (1) shall regain currency in accordance with the standards set out in Chapter 566 of the Airworthiness Manual prior to exercising the privileges of the licence.

[403.06 and 403.07 reserved]
Division II — Approved Training Organizations

Approved Training Organizations

403.08 (1) No person shall provide aircraft maintenance training courses as an approved training organization unless the person holds an approved training organization certificate.

(2) The Minister shall issue an approved training organization certificate to a person who

(a) makes an application for a certificate; and
(b) meets the standards respecting training courses, facilities and instructors that are applicable to the training to be provided, as set out in Chapter 566 of the Airworthiness Manual.

(3) The Minister shall approve a policy manual or a training control manual and any amendments to that manual if the manual and amendments meet the requirements of Standard 566 — Aircraft Maintenance Engineer Licensing and Training.

SOR/2003-154, s. 3.

[403.09 to 403.11 reserved]
Subpart 4 — Medical Requirements

Division I — General

Interpretation

404.01 (1) In this Subpart, CAME means a Civil Aviation Medical Examiner appointed by the Minister to conduct medical examinations of applicants for the issuance or renewal of medical certificates pursuant to subsection 404.04(1).
(2) Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards respecting Medical Requirements.

Application

404.02 This Subpart applies to

(a) persons who hold or who apply for the issuance or renewal of a medical certificate for the purpose of exercising the privileges of a permit, licence or rating referred to in section 404.10; and
(b) the physicians referred to in section 404.16.

Division II — Medical Certificate

Requirement to Hold a Medical Certificate

404.03 (1) No person shall exercise or attempt to exercise the privileges of a permit, licence or rating unless the person holds a valid medical certificate of a category that is appropriate for that permit, licence or rating, as specified in section 404.10.

(2) A medical certificate that is issued in the form of a booklet label is not valid unless

(a) the label is affixed in an aviation document booklet;
(b) the booklet number displayed on the label matches the number of the booklet; and
(c) the booklet is signed by the holder.

SOR/2010-26, s. 7.
Previous Version

Issuance, Renewal, Validity Period and Extension of a Medical Certificate

[SOR/2008-140, s. 4]

404.04 (1) Subject to subsection (2) and subsection 404.05(1), the Minister shall issue or renew a medical certificate on receipt of an application therefor if

(a) where the applicant is applying for a medical certificate in connection with an application for a student pilot permit-aeroplane, pilot permit — recreational, pilot or student pilot permit — ultra-light aeroplane, a pilot licence — glider or student pilot permit — glider, the applicant has completed and submitted a medical declaration, in accordance with the personnel licensing standards, that attests to the fact that the applicant is medically fit to exercise the privileges of the permit or licence that is applied for; or
(b) in any case not referred to in paragraph (a), it is established, by means of a medical examination conducted by a physician referred to in section 404.16, that the applicant meets the medical fitness requirements specified in the personnel licensing standards.

(1.1) A medical certificate is also renewed if it is signed, dated and stamped in accordance with paragraph 404.18(a).

(2) The Minister

(a) may request an applicant for the issuance or renewal of a medical certificate to undergo, before a specified date, any medical tests or examinations that are necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards;
(b) shall not issue or renew a medical certificate until the applicant has undergone all of the tests and examinations requested by the Minister pursuant to paragraph (a); and
(c) may suspend, or refuse to issue or renew, the applicant’s medical certificate if the applicant fails to comply with the request referred to in paragraph (a) before the specified date.

(3) The Minister may

(a) request the holder of a medical certificate to undergo, before a specified date, any medical tests or examinations or provide any additional medical information, as necessary to determine whether the holder continues to meet the medical fitness requirements specified in the personnel licensing standards; and
(b) suspend, or refuse to renew, the holder’s medical certificate if the holder fails to comply with the request referred to in paragraph (a) before the specified date.

(4) A medical certificate is subject to any restrictions or limitations that have been endorsed on the certificate in accordance with subsection 404.05(2).

(5) A medical certificate is valid starting on the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate or on the day on which the medical examination for the issuance or renewal of the certificate is conducted until the earliest of

(a) the end of the validity period set out in the table to subsection (6) for the certificate,
(b) the end of any shorter validity period endorsed on the certificate by the Minister, and
(c) the day on which a new medical certificate is issued to the holder.

(6) Subject to subsection (9), the validity period of a medical certificate for a permit, licence or rating that is set out in column 1 of the table to this subsection is set out in column 2 if the holder of the permit, licence or rating is under 40 years of age and in column 3 if the holder of the permit, licence or rating is 40 years of age or older.
TABLE

Item
Column 1
Column 2
Column 3

Permit, licence or rating
Under 40 years of age
40 years of age or older

1
Private pilot licence
60 months
24 months

2
Pilot licence  —  glider
60 months
60 months

3
Pilot licence  —  balloon
60 months
24 months

4
Pilot permit  —  recreational
60 months
24 months

5
Pilot permit  —  gyroplane
60 months
24 months

6
Pilot permit —  ultra-light aeroplane
60 months
60 months

7
Flight instructor rating  —  glider
60 months
60 months

8
Flight instructor rating  —  ultra-light aeroplane
60 months
60 months

9
Passenger-carrying rating — ultra-light aeroplane
60 months
24 months

10
Flight engineer licence
12 months
12 months

11
Air traffic controller licence
24 months
12 months

12
Student pilot permit
60 months
60 months

(6.1) The validity period of a medical certificate for a commercial pilot licence, a multi-crew pilot licence — aeroplane and an airline transport pilot licence, if the holder of the licence is acting as a flight crew member for hire or reward, is 12 months.

(6.2) However, the validity period of a medical certificate referred to in subsection (6.1) is reduced to 6 months if

(a) the holder of the licence is 40 years of age or older and is conducting a single-pilot operation with passengers on board; or
(b) the holder of the licence is 60 years of age or older.

(6.3) The holder of a commercial pilot licence or an airline transport pilot licence may exercise the privileges of a private pilot licence until the end of the applicable validity period for the private pilot licence specified in subsection (6).

(7) The end of the validity period of a medical certificate that is issued or renewed under subsection (1) is calculated from the first day of the month following

(a) the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate; or
(b) the day on which the medical examination for the issuance or renewal of the certificate is conducted.

(8) The end of the validity period of a medical certificate that is renewed in accordance with subsection (1.1) is calculated from

(a) the day on which the preceding validity period ends if the medical examination for the renewal of the certificate is conducted within 90 days before the end of that validity period; or
(b) the first day of the month following the day on which the medical examination for the renewal of the certificate is conducted if the examination is conducted more than 90 days before the end of the preceding validity period.

(9) The Minister may endorse a shorter validity period on a medical certificate if a physician referred to in section 404.16 recommends the shorter validity period in their medical report.

(10) Despite subsection (6), the Minister shall extend the validity period of a medical certificate for a period of not more than 60 days beginning on the day on which the certificate would otherwise expire, if

(a) the application for extension of the certificate is made while the certificate is still valid; and
(b) the applicant demonstrates that there has been no reasonable opportunity to undergo a medical examination within the 90 days before the day on which the certificate would otherwise expire.

SOR/2007-229, s. 2;
SOR/2008-140, s. 5;
SOR/2014-15, s. 15.

Previous Version

Medical Standards Flexibility — Limitations and Restrictions

404.05 (1) The Minister may, in accordance with the personnel licensing standards, issue a medical certificate to an applicant who does not meet the requirements referred to in subsection 404.04(1) where it is in the public interest and is not likely to affect aviation safety.
(2) Where the Minister issues a medical certificate under subsection (1), the Minister shall endorse the certificate with any limitation or restriction that is necessary to ensure aviation safety.
(3) The Minister may amend or remove any limitation or restriction referred to in subsection (2) when it is no longer required to ensure aviation safety.
(4) The Minister may suspend or cancel a medical certificate if the applicant fails to comply with any limitation or restriction referred to in subsection (2).
(5) Before issuing a medical certificate under subsection (1), the Minister may require an applicant to undergo any practical test in respect of the functions of a flight crew member or air traffic controller, as appropriate, or any medical examination that is necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards.

(6) For the purposes of a practical test in respect of the functions of a flight crew member, the Minister may designate as a testing officer any person who holds

(a) a flight crew licence endorsed with a flight instructor rating that is valid for the category of aircraft to be used during the practical test; or
(b) a flight crew licence and has the qualifications required to conduct the practical test.

(7) For the purposes of a practical test in respect of the functions of an air traffic controller, the test shall be conducted in an actual operational environment under the supervision of an Air Traffic Services manager, a regional aviation medical officer, an aviation medical officer or a CAME, in accordance with the procedures set out in the personnel licensing standards.

Prohibition Regarding Exercise of Privileges

404.06 (1) Subject to subsection (3), no holder of a permit, licence or rating shall exercise the privileges of the permit, licence or rating if

(a) one of the following circumstances exists and could impair the holder’s ability to exercise those privileges safely:

(i) the holder suffers from an illness, injury or disability,
(ii) the holder is taking a drug, or
(iii) the holder is receiving medical treatment;

(b) the holder has been involved in an aircraft accident that is wholly or partially the result of any of the circumstances referred to in paragraph (a);
(c) the holder has entered the thirtieth week of pregnancy, unless the medical certificate is issued in connection with an air traffic controller licence, in which case the holder may exercise the privileges of the permit, licence or rating until the onset of labour; or
(d) the holder has given birth in the preceding six weeks.

(2) No holder of a permit, licence or rating who is referred to in paragraph (1)(b), (c) or (d) shall exercise the privileges of the permit, licence or rating unless

(a) the holder has undergone a medical examination referred to in section 404.18; and
(b) the medical examiner has indicated on the holder’s medical certificate that the holder is medically fit to exercise the privileges of the permit, licence or rating.

(3) The Minister may, in writing, authorize the holder of a medical certificate to exercise, under the circumstances described in paragraph (1)(a) or (d), the privileges of the permit, licence or rating to which the medical certificate relates if such authorization is in the public interest and is not likely to affect aviation safety.

[404.07 to 404.09 reserved]
Division III — Medical Certificate Requirements

Medical Certificate Requirements for Personnel Licences

404.10 (1) A Category 1 medical certificate is required for the following licences:

(a) commercial pilot licence — aeroplane or helicopter;
(b) multi-crew pilot licence — aeroplane;
(c) airline transport pilot licence — aeroplane or helicopter; and
(d) flight engineer licence.

(2) A Category 1 or 2 medical certificate is required for an air traffic controller licence.

(3) A Category 1 or 3 medical certificate is required for the following permits, licences and ratings:

(a) student pilot permit — helicopter;
(b) pilot permit — gyroplane;
(b.1) student pilot permit  —  gyroplane or balloon;
(c) private pilot licence — aeroplane or helicopter;
(d) pilot licence — balloon;
(e) flight instructor rating — glider; and
(f) flight instructor rating — ultra-light aeroplane.

(4) A Category 1, 3 or 4 medical certificate is required for the following permits and licences:

(a) student pilot permit - aeroplane;
(b) pilot permit — recreational;
(c) student pilot permit or pilot permit — ultra-light aeroplane;
(d) student pilot permit — glider; and
(e) pilot licence — glider.

SOR/2007-229, s. 3;
SOR/2014-15, s. 16.

Previous Version

Division IV — Medical Fitness

Minister’s Assessment

404.11 (1) The Minister shall assess any medical reports submitted pursuant to paragraph 404.17(b) to determine whether an applicant for the issuance or renewal of a medical certificate meets the medical fitness requirements set out in the personnel licensing standards that are necessary for the issuance or renewal of the medical certificate.

(2) The Minister shall, by personal service or by registered mail sent to the applicant at the latest known address of the applicant, immediately

(a) notify the applicant of the result of an assessment, and
(b) in the case of an application for the renewal of a medical certificate, inform the applicant that the Minister will, no earlier than 30 days after the date that the applicant receives the notification, make a decision pursuant to subsection 7.1(1) of the Act, based on the result of the assessment.

Reconsideration of Assessment

404.12 (1) An applicant for the renewal of a medical certificate who is assessed by the Minister as not meeting the requirements referred to in subsection 404.11(1) may, within 30 days after the date that the applicant receives the notification referred to in subsection 404.11(2),

(a) request the Minister to reconsider the assessment; and
(b) submit additional information to the Minister regarding the medical fitness of the applicant in support of the request.

(2) Where the Minister is requested to reconsider an assessment pursuant to subsection (1), the Minister shall

(a) take into consideration any additional information regarding the medical fitness of the applicant; and
(b) immediately notify the applicant in writing of the result of the reconsideration of the assessment.

[404.13 to 404.15 reserved]
Division V — Medical Examiners

Authority to Conduct Medical Examinations

404.16 No physician shall conduct a medical examination of an applicant for the issuance or renewal of a medical certificate unless the physician conducts the medical examination in the region in which the physician is licensed to practise and

(a) the physician is appointed by the Minister as a CAME;
(b) where the applicant is a regular member of the Canadian Forces or an air cadet, the physician is a Canadian Forces flight surgeon; or
(c) where the applicant resides or is examined in a contracting state other than Canada, the physician is authorized by the licensing authority of the contracting state to conduct such examinations.

SOR/2007-229, s. 4.
Previous Version

Responsibilities of Medical Examiner

404.17 Where a physician referred to in paragraph 404.16(a) or (b) conducts a medical examination of an applicant for the issuance or renewal of a medical certificate, the physician shall

(a) conduct the medical examination in accordance with the procedures set out in the personnel licensing standards; and
(b) submit a medical report to the Minister that specifies the results of the medical examination and contains, if warranted by those results, the physician’s recommendation that the medical certificate be restricted to a validity period that is shorter than the validity period set out in the table to subsection 404.04(6) for the certificate.

SOR/2007-229, s. 5.
Previous Version

Examination for Renewal of a Medical Certificate or for Permission to Continue to Exercise the Privileges of a Permit, Licence or Rating

404.18 When the holder of a medical certificate undergoes a medical examination by a physician referred to in paragraph 404.16(a) or (b) for the purpose of renewing his or her certificate or obtaining permission to continue to exercise the privileges of his or her permit, licence or rating, the physician shall

(a) sign and date the medical certificate and stamp it with his or her official stamp indicating that the holder is “fit” and return the medical certificate to the holder; or
(b) advise the holder that he or she is “unfit” and return the medical certificate to the holder.

SOR/2003-129, s. 9;
SOR/2007-229, s. 6.

Previous Version

Subpart 5 — Flight Training

Division I — General

Interpretation

405.01 (1) In this Subpart, Personnel Licensing and Training Standards respecting Flight Training means a publication concerning flight training.
(2) Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards respecting Flight Training.

Application

405.02 This Subpart applies in respect of the conduct of flight training using an aeroplane, helicopter, glider, balloon, gyroplane or ultra-light aeroplane.

[405.03 to 405.10 reserved]
Division II — Flight Training Program

Flight Training Program

405.11 No person shall conduct flight training unless the flight training program is in accordance with the requirements of Subpart 1 in respect of

(a) the initial issuance of a permit, licence or rating;
(b) the renewal of a rating; and
(c) a flight review.

Flight Training Program Approval

405.12 Where a syllabus for a flight training program is not set out in the Personnel Licensing and Training Standards respecting Flight Crew Permits, Licences and Ratings, the Minister shall approve a proposed syllabus for a flight training program if the program meets those standards.

Flight Training Program Outline

405.13 A person who conducts flight training using an aeroplane or helicopter shall provide to each trainee, at the time of commencing a flight training program referred to in section 405.11, a flight training program outline that meets the personnel licensing standards.

Flight Training Program Requirements

405.14 Flight training that is conducted using an aeroplane or helicopter shall be conducted in accordance with the applicable flight instructor guide and flight training manual or equivalent document and the applicable training manual on human factors.

[405.15 to 405.20 reserved]
Division III — Personnel and Aircraft

Qualifications of Flight Instructors

405.21 (1) No person shall conduct flight training or a flight review unless the person is qualified as a flight instructor in accordance with the personnel licensing standards.
(2) In cases where a qualified gyroplane flight instructor is not available, a person may conduct the gyroplane training that has to be acquired to satisfy the experience requirement for the issuance of a pilot permit — gyroplane if the person obtains a written authorization from the Minister to conduct the training in accordance with subsection 421.84(4) of the personnel licensing standards.
(3) A person who conducts flight training toward the issuance of an aircraft type rating may, in the case of training for a holder of a pilot permit — gyroplane, obtain a written authorization from the Minister to conduct the flight training in accordance with paragraph 425.21(7)(c) of the personnel licensing standards if the authorization is in the public interest and is not likely to affect aviation safety.
(4) A person who conducts flight training toward the issuance of an aircraft type rating may, in the case of training for a holder of a student pilot permit — gyroplane, obtain a written authorization from the Minister to conduct the flight training in accordance with paragraph 425.21(7)(d) of the personnel licensing standards if the authorization is in the public interest and is not likely to affect aviation safety.
(5) A person who conducts ground school instruction toward the issuance of a flight instructor rating may obtain a written authorization from the Minister to conduct the ground school instruction in accordance with the personnel licensing standards.

SOR/2006-352, s. 13.
Previous Version

Aircraft Familiarization

405.22 No person shall conduct flight training in an aircraft unless the person is familiar with the flight characteristics, operating limitations and operational performance data specified in the aircraft flight manual or equivalent document.

Training Aircraft Requirements

405.23 No person shall operate a training aircraft unless the aircraft meets the personnel licensing standards.

Flight Training at Aerodrome

405.24 No person shall operate a training aircraft at an aerodrome unless the aerodrome is suitable for the aircraft

(a) to be safely operated within the operating limitations and operational performance data specified in the aircraft flight manual or equivalent document

(i) allowing for the actual aircraft weight and existing air temperature and wind conditions,
(ii) with the power plant operation and landing gear and flap operation, if applicable, recommended by the manufacturer, and
(iii) with smooth transition from take-off to the best rate-of-climb speed using normal piloting skills; and

(b) in the case of a helicopter, to carry out normal transitions from the hover to forward flight and from forward flight to the hover.

[405.25 to 405.30 reserved]
Division IV — Flight Training Operations

Training Flight Briefings

405.31 No person shall commence a training flight unless the trainee has received from the flight instructor

(a) a pre-flight briefing; and
(b) where new flight exercises are to be conducted during the flight, preparatory ground instruction.

Authorization of Training Flight

405.32 Before the commencement of a training flight, the flight instructor who will conduct or supervise the training shall

(a) authorize the training flight; and
(b) receive an acknowledgement of that authorization from the trainee.

Pilot Training Record

405.33 (1) A person who conducts flight training for the issuance of a private pilot licence, a commercial pilot licence or a flight instructor rating — aeroplane or helicopter shall, for each trainee, maintain a pilot training record that meets the personnel licensing standards.

(2) On request from a trainee receiving training for the purposes referred to in subsection (1), the person responsible for maintaining the trainee’s pilot training record shall

(a) certify the accuracy of the entries; and
(b) provide the trainee with the record.

(3) When a trainee has completed flight training, including all of the tests and written examinations required pursuant to Subpart 1, the person who conducted the flight training shall forward the trainee’s pilot training record to the Minister.

[405.34 to 405.40 reserved]
Subpart 6 — Flight Training Units

Division I — General

Interpretation

406.01 (1) In this Subpart, Personnel Licensing and Training Standards respecting Flight Training Units means a publication concerning flight training units.
(2) Any reference in this Subpart to the personnel licensing standards is a reference to Standard 426 – Personnel Licensing and Training – Flight Training Units.

SOR/2005-173, s. 9.

Application

406.02 This Subpart applies in respect of the operation of an aeroplane, helicopter, glider, balloon, gyroplane or ultra-light aeroplane in a flight training service toward obtaining any of the following:

(a) for aeroplanes,

(i) a private pilot licence,
(ii) a commercial pilot licence,
(iii) a landplane or seaplane rating,
(iv) a flight instructor rating,
(v) a flight instructor rating — aerobatic,
(vi) an instrument rating,
(vii) a multi-engine class rating,
(viii) a night rating,
(ix) a VFR over-the-top rating,
(x) a pilot permit — recreational, or
(xi) experience in aerobatic manoeuvres;

(b) for helicopters,

(i) a private pilot licence,
(ii) a commercial pilot licence,
(iii) a flight instructor rating,
(iv) an instrument rating,
(v) a night rating,
(vi) a VFR over-the-top rating, or
(vii) a pilot permit — recreational;

(c) for gliders,

(i) a pilot licence,
(ii) a flight instructor rating,
(iii) a flight instructor rating — aerobatic, or
(iv) experience in aerobatic manoeuvres;

(d) for balloons,

(i) a pilot licence,
(ii) a flight instructor rating, or
(iii) a night rating;

(e) for gyroplanes,

(i) a pilot permit,
(ii) a flight instructor rating, or
(iii) a night rating; and

(f) for ultra-light aeroplanes,

(i) a pilot permit,
(ii) a flight instructor rating, or
(iii) a passenger-carrying rating.

SOR/2005-319, s. 6;
SOR/2006-352, s. 14.

Previous Version

Requirement to Hold a Flight Training Unit Operator Certificate

406.03 (1) Subject to subsections (2) and (3), no person shall operate a flight training service in Canada using an aeroplane or helicopter in Canada unless the person holds a flight training unit operator certificate that authorizes the person to operate the service and complies with the conditions and operations specifications set out in the certificate.

(2) A person who does not hold a flight training unit operator certificate may operate a flight training service if

(a) the person holds a private operator registration document or an air operator certificate, the aircraft used for training — in the case of the holder of an air operator certificate — is specified in the air operator certificate, and the training is other than toward obtaining a pilot permit — recreational, a private pilot licence, a commercial pilot licence or a flight instructor rating; or

(b) the trainee is

(i) the owner, or a member of the family of the owner, of the aircraft used for training,
(ii) a director of a corporation that owns the aircraft used for training, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence, or
(iii) using an aircraft that has been obtained from a person who is at arm’s length from the flight instructor, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence.

(3) In the case of flight training conducted under subparagraph (2)(b)(iii), the flight instructor shall

(a) notify the Minister in writing of

(i) the name and address of the person to receive the training,
(ii) the registration of the aircraft to be used,
(iii) the type of training to be conducted,
(iv) the location of the training operations, and
(v) the name and licence number of the flight instructor; and

(b) provide the information to the Minister

(i) prior to commencing training operations,
(ii) within 10 working days after any change to the information, and
(iii) when the training is discontinued.

SOR/2003-129, s. 10;
SOR/2014-131, s. 10.

Previous Version

Eligibility to Hold a Flight Training Unit Operator Certificate

406.04 A person is eligible to hold a flight training unit operator certificate if the person is

(a) a Canadian; or
(b) a citizen, permanent resident or corporation of the United States of America or Mexico.

Notification Requirement

406.05 (1) No person shall operate a flight training unit using a glider, balloon, gyroplane or ultra-light aeroplane in Canada unless the person notifies the Minister in writing of

(a) the legal name, trade name and address of the operator of the flight training unit;
(b) the base of operations;
(c) the category of aircraft;
(d) the type of flight training to be conducted; and
(e) the name of the flight instructor who will be responsible for operational control of the flight training operations.

(2) The information referred to in subsection (1) shall be provided to the Minister by the flight training unit

(a) prior to commencing flight training operations;
(b) within 10 working days after any change in the information; and
(c) upon the service being discontinued.

[406.06 to 406.10 reserved]
Division II — Certification

Issuance or Amendment of a Flight Training Unit Operator Certificate

406.11 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue or amend a flight training unit operator certificate where the applicant demonstrates to the Minister the ability to

(a) maintain an adequate organizational structure;
(b) maintain operational control;
(c) comply with maintenance requirements;
(d) meet the personnel licensing standards; and
(e) conduct the operation safely.

(2) For the purposes of subsection (1), an applicant shall have

(a) a management organization capable of exercising operational control;

(b) managerial personnel who are employed on a full-time basis and who perform the duties related to the following positions:

(i) chief flight instructor,
(ii) flight instructor,
(iii) ground instructor, and
(iv) if the applicant does not hold an approved maintenance organization certificate, a maintenance manager;

(c) aircraft that are properly equipped for and flight crew members who are qualified for the type of flight training that is being conducted;
(d) an operational control system that meets the requirements of section 406.50;
(e) a training program that meets the requirements of this Subpart;
(f) legal custody and control of at least one aircraft or, in the case of an applicant for a flight training unit operator certificate who conducts an integrated course, one aircraft of each class of aircraft that is to be operated;
(g) in the case of an applicant for a flight training unit operator certificate who conducts an integrated course or who operates a sub-base, a flight training operations manual that meets the requirements of section 406.61 and, in the case of an applicant who conducts an integrated course, a training manual that meets the requirements of section 406.62; and
(h) a maintenance control system approved under this Subpart.

SOR/2006-352, s. 15.
Previous Version

Contents of a Flight Training Unit Operator Certificate

406.12 A flight training unit operator certificate shall contain the following information:

(a) the legal name, trade name and address of the flight training unit;
(b) the number of the certificate;
(c) the effective date of certification;
(d) the date of issue of the certificate;
(e) the general conditions identified in section 406.13;

(f) specific conditions with respect to

(i) the main base and, if applicable, for flight training units conducting training in accordance with a flight training operations manual, sub-bases,
(ii) the class and type of aeroplane or the type of helicopter, and
(iii) the type of training authorized; and

(g) where the flight training unit complies with the personnel licensing standards, operations specifications with respect to

(i) in the case of a flight training unit that operates aeroplanes or helicopters, the conduct of flight training operations on a temporary basis at a satellite base, and
(ii) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.

SOR/2006-352, s. 16.
Previous Version

General Conditions of a Flight Training Unit Operator Certificate

406.13 A flight training unit operator certificate shall contain the following general conditions:

(a) the flight training unit shall maintain the organizational structure referred to in paragraph 406.11(1)(a);
(b) the flight training unit shall have the personnel referred to in the personnel licensing standards;
(c) the flight training unit shall have aircraft that are properly equipped for the geographic area of operation and the type of authorized training;
(d) the flight training unit shall maintain its aircraft in accordance with the maintenance requirements of Parts V and VI and Division IV of this Subpart;
(e) the flight training unit shall conduct flight training in accordance with the provisions of Subpart 5 and Division V of this Subpart and, if the flight training unit conducts an integrated course or operates a sub-base, it shall also conduct flight training in accordance with the flight training operations manual;
(f) the flight training unit shall, when required to establish and maintain a training manual in accordance with section 406.62, conduct training in accordance with that training manual; and
(g) the flight training unit shall notify the Minister of any change in its legal name, trade name, base of operations or managerial personnel within 10 working days after the change.
(h) [Repealed, SOR/2015-160, s. 19]

SOR/2001-49, s. 27;
SOR/2006-352, s. 17;
SOR/2015-160, s. 19.

Previous Version

Quality Assurance Program — Integrated Course

406.14 A flight training unit that conducts an integrated course shall establish and maintain a quality assurance program that meets the requirements of section 426.14 of the personnel licensing standards in order to ensure that the flight training unit continues to comply with the conditions and specifications in the flight training unit operator certificate.

SOR/2006-352, s. 18;
SOR/2015-160, s. 20.

Previous Version

[406.15 to 406.18 reserved]
Division III — Personnel

Duties of Certificate Holder in Respect of Maintenance

406.19 (1) The holder of an operator certificate issued in respect of a flight training unit that operates an aeroplane or a helicopter shall

(a) appoint a person responsible for the maintenance control system;
(b) subject to subsection (4), ensure that the person responsible for the maintenance control system has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations;
(c) ensure that the person responsible for the maintenance control system demonstrates to the Minister knowledge of the topics set out in subsection 426.36(1) of the personnel licensing standards within 30 days after their appointment;
(d) ensure that the person responsible for the maintenance control system performs the duties referred to in subsections 406.36(1) and 406.47(2) and (3);
(e) provide the person responsible for the maintenance control system with the financial and human resources necessary to ensure that the holder of the flight training unit operator certificate meets the requirements of these Regulations;
(f) authorize the person responsible for the maintenance control system to remove aircraft from operation if the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public; and
(g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 406.47.

(2) The Minister shall conduct an interview with the person appointed under paragraph (1)(a) to assess their knowledge of the topics referred to in paragraph (1)(c).
(3) The Minister shall notify the person appointed under paragraph (1)(a) of the results of the assessment and identify any deficiencies in their knowledge of the topics within ten days after the interview.

(4) The knowledge requirement set out in paragraph (1)(b) does not apply in respect of

(a) a person responsible for the maintenance control system who held that position on January 1, 1997; or
(b) the holder of an aircraft maintenance engineer (AME) licence.

(5) The holder of a flight training unit operator certificate shall ensure that no person is appointed to be responsible for the maintenance control system or remains responsible for the system if, at the time of their appointment or during their tenure, they have a record of conviction for

(a) an offence under section 7.3 of the Act; or
(b) two or more offences under any of sections 605.84 to 605.86 not arising from a single occurrence.

SOR/2005-173, s. 11.

[406.20 reserved]
Appointment of Chief Flight Instructor

406.21 (1) Subject to subsections (3) and (4), a flight training unit shall

(a) appoint a chief flight instructor; and
(b) ensure that the person appointed as chief flight instructor meets the requirements set out in section 406.22.

(2) A flight training unit shall inform the Minister within 10 working days after

(a) the appointment of a chief flight instructor; or
(b) any change in the appointment of a chief flight instructor.

(3) With the authorization of the Minister, a flight training unit may, for a period of up to 60 days, continue flight training operations without a chief flight instructor if the flight training unit complies with the personnel licensing standards.
(4) With the authorization of the Minister, a flight training unit may, for a period of up to six months, continue flight training operations with a chief flight instructor who is subject to a prohibition regarding the exercise of the privileges of a permit, licence or rating pursuant to section 404.06, if the flight training unit complies with the personnel licensing standards.

SOR/2006-352, s. 19.
Previous Version

Requirements for Chief Flight Instructor

406.22 No person shall act as a chief flight instructor unless the person

(a) has the qualifications required for the position, as set out in the personnel licensing standards; and
(b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as set out in the personnel licensing standards.

Requirements for Assistant Chief Flight Instructor

406.22.1 No flight training unit shall appoint a person as an assistant chief flight instructor and no person shall act as an assistant chief flight instructor unless the person

(a) has the qualifications required for the position, as set out in the personnel licensing standards; and
(b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor.

SOR/2006-352, s. 20.

Appointment of Check Instructor

406.22.2 A flight training unit conducting an integrated course in accordance with Division VIII of this Subpart shall

(a) appoint a check instructor; and
(b) ensure that the person appointed as check instructor meets the requirements set out in section 406.22.3.

SOR/2006-352, s. 20.

Requirements for Check Instructor

406.22.3 No person shall act as a check instructor unless the person is a chief flight instructor or

(a) has the qualifications required for the position, as set out in the personnel licensing standards; and
(b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor.

SOR/2006-352, s. 20.

Appointment of Flight Instructors

406.23 No flight training unit shall appoint a person as a flight instructor unless the person is qualified in accordance with section 405.21.

Requirements for Ground Instructors

406.24 No flight training unit shall appoint a person as a ground instructor and no person shall act as a ground instructor unless the person holds a flight instructor rating in the appropriate category or meets the personnel licensing standards.
SOR/2006-352, s. 21.
Previous Version

Operational Personnel Records

406.25 A flight training unit shall, at its main base or sub-base, as applicable, establish, maintain and retain for at least two years after an entry is made, for each ground instructor, each flight instructor and every other member of its operational personnel, a record that meets the personnel licensing standards.
SOR/2006-352, s. 21.
Previous Version

Aircraft Familiarization

406.26 No flight training unit shall assign a person to conduct flight training in an aircraft unless the person is familiar with the flight characteristics, operating limitations and operational performance data specified in the aircraft flight manual or equivalent document.

[406.27 to 406.30 reserved]
Division IV — Aircraft

Aircraft Registration Requirements

406.31 No flight training unit that is a person described in paragraph 406.04(a) shall operate an aircraft in a flight training service in Canada unless

(a) the aircraft is registered in Canada under Division II of Subpart 2 of Part II or in another contracting state;
(b) where the aircraft is registered in another contracting state, the Minister has authorized its operation; and
(c) in the case of an aircraft other than an ultra-light aeroplane, the aircraft type is approved for operation in Canada.

SOR/2001-49, s. 28.

Aircraft Flight Authority

406.32 No flight training unit shall operate an aircraft in a flight training service unless

(a) in the case of a flight training unit that operates an aeroplane or a helicopter, a certificate of airworthiness that meets the requirements of Article 31 of the Convention has been issued for the aircraft pursuant to section 507.02;
(b) in the case of a flight training unit that operates a glider, a balloon or a gyroplane, a flight authority has been issued for the aircraft pursuant to Subpart 7 of Part V; and
(c) the aircraft meets the requirements of section 405.23.

Safety Belt and Shoulder Harness Requirements

406.33 No flight training unit shall operate an aeroplane or a helicopter unless each front seat, or each seat occupied by a trainee or flight instructor, is equipped with a safety belt that includes a shoulder harness.

Checklists

406.34 For the purpose of establishing safe aircraft operating procedures, a flight training unit that operates an aeroplane or a helicopter shall establish and make readily available to each flight crew member on board the aircraft the checklist referred to in section 602.60 for each aircraft type that it operates.

Maintenance Control System

406.35 A flight training unit that operates an aeroplane or a helicopter shall establish and comply with a maintenance control system that

(a) consists of policies and procedures regarding the maintenance of aircraft operated by the flight training unit;
(b) meets the requirements of this Subpart; and
(c) is described in the flight training unit’s maintenance control manual (MCM).

Person Responsible for Maintenance Control System

406.36 (1) The person responsible for the maintenance control system appointed under paragraph 406.19(1)(a) shall, where a finding resulting from a quality assurance program established under section 406.47 is reported to them,

(a) determine what, if any, corrective actions are required and carry out those actions;
(b) keep a record of any determination made under paragraph (a) and the reason for it;
(c) if management functions have been assigned to another person under subsection (2) or (3), communicate any determination regarding a corrective action to that person; and
(d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

(2) The person responsible for the maintenance control system may assign the management functions for the entire quality assurance program established under section 406.47, including the authority to remove aircraft from operation under paragraph 406.19(1)(f), to another person if

(a) that person meets the requirements set out in paragraphs 406.19(1)(b) and (c) and subsection 406.19(5); and
(b) the assignment and its scope are described in the maintenance control manual (MCM) of a flight training unit that operates an aeroplane or a helicopter.

(3) The person responsible for the maintenance control system may assign the management functions for specific maintenance control activities, including the authority to remove aircraft from operation under paragraph 406.19(1)(f), to another person if the assignment and its scope are described in the MCM of a flight training unit that operates an aeroplane or a helicopter.
(4) The responsibility of the person responsible for the maintenance control system is not affected by the assignment to another person of management functions under subsection (2) or (3).

(5) If a flight training unit that operates an aeroplane or a helicopter is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for the maintenance control system at the flight training unit shall

(a) be the person responsible for maintenance at the AMO appointed under section 573.03; and
(b) meet the requirements referred to in paragraph 406.19(1)(b), subsection 406.19(5) and paragraph 573.03(1)(c).

SOR/2005-173, s. 12.

Maintenance Personnel and Facilities

406.37 A flight training unit shall provide the person who is responsible for its maintenance control system with the staff, facilities, technical and regulatory data, supplies and spare parts referred to in the personnel licensing standards that are necessary for compliance with this Subpart.

Maintenance Control Manual

406.38 (1) A flight training unit that operates an aeroplane or a helicopter shall

(a) establish and submit to the Minister for approval a maintenance control manual that contains the information set out in the personnel licensing standards;
(b) except where otherwise authorized by the Minister in writing where it is demonstrated that the granting of the authorization will not jeopardize the safety of the service, authorize the use of its maintenance control manual and comply with the policies and procedures contained therein;
(c) take steps to ensure that a copy of its maintenance control manual, or of the relevant portions of its maintenance control manual, is made available to each person who performs or certifies a function that is dealt with in the maintenance control manual or in any manual that is incorporated in the maintenance control manual pursuant to subsection (2);

(d) submit amendments to its maintenance control manual to the Minister for approval when instructed to do so by the Minister, where

(i) the maintenance control manual does not meet the requirements of this Subpart, or
(ii) the maintenance control manual contains policies or procedures, or a lack thereof, such that the flight training unit’s maintenance control system no longer meets the requirements of these Regulations; and

(e) insert amendments to its maintenance control manual into each copy of the manual within 30 days after approval of the amendments pursuant to paragraph (d).

(2) The Minister may authorize the incorporation by reference in a maintenance control manual of detailed procedures manuals prepared by the flight training unit, where

(a) the policies affecting the detailed procedures remain in the maintenance control manual;
(b) the incorporation is clearly indicated in the maintenance control manual;
(c) the flight training unit ensures that the incorporated manuals meet the requirements of this section; and
(d) the person responsible for the flight training unit’s maintenance control system, or the person to whom this function has been assigned pursuant to subsection 406.36(3), has certified in writing that the incorporated manuals meet the requirements of this section.

(3) The Minister shall approve a maintenance control manual and any amendments to the manual, where the personnel licensing standards are met.

SOR/2000-49, s. 1.

Maintenance Arrangements

406.39 (1) No flight training unit that operates an aeroplane or a helicopter shall permit a person or organization to perform maintenance on the flight training unit’s aircraft unless the person or organization has adequate facilities, equipment, spare parts and personnel available at the site where the maintenance is to be performed and

(a) the person or organization holds an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 that is rated in the category for the maintenance to be performed;
(b) where the maintenance is to be performed outside Canada by a person or organization that does not hold an approved maintenance organization (AMO) certificate issued pursuant to section 573.02, the person or organization has been approved under the laws of a state that is party to an agreement with Canada that provides for recognition of the work performed; or
(c) in cases other than those described in paragraphs (a) and (b), the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations.

(2) A flight training unit that operates an aeroplane or a helicopter shall ensure that a maintenance arrangement made with a person or organization pursuant to subsection (1)

(a) specifies the maintenance required and clearly defines the tasks to be performed; and
(b) is made in accordance with the procedures governing maintenance arrangements included in the maintenance control manual or is approved by the Minister as being in conformity with these Regulations.

(3) Where a flight training unit that operates an aeroplane or a helicopter makes a maintenance arrangement referred to in paragraph (1)(b), the Minister shall, in the following cases, authorize the arrangement by issuing a maintenance specification to indicate that the maintenance control procedures set out in the arrangement conform to the personnel licensing standards:

(a) the issuance of a maintenance specification is either required by the agreement or requested by the foreign state; or
(b) the maintenance is performed in a state that is not party to an agreement with Canada that provides for recognition of the work performed.

Technical Dispatch Procedures

406.40 A flight training unit that operates an aeroplane or a helicopter shall establish and comply with policies and procedures to ensure that an aircraft is not operated unless it is

(a) airworthy;
(b) appropriately equipped, configured and maintained for its intended use; and
(c) maintained in accordance with the flight training unit’s maintenance control manual.

Defect Recording, Rectification and Control Procedures

[SOR/2000-49, s. 2]
406.41 A flight training unit that operates an aeroplane or a helicopter shall establish and comply with policies and procedures that meet the personnel licensing standards for

(a) recording aircraft defects, including defects that are detected during aircraft operation or during the performance of elementary work or servicing;
(b) identifying defects that recur and reporting those defects as recurring defects to maintenance personnel;
(c) ensuring that defects are rectified in accordance with the requirements of these Regulations; and
(d) subject to sections 605.09 and 605.10, scheduling the rectification of defects whose repair has been deferred.

Service Difficulty Reporting

406.42 The holder of a flight training unit operator certificate who operates an aeroplane or a helicopter shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates.
SOR/2009-280, s. 22.
Previous Version

Elementary Work

406.43 No flight training unit that operates an aeroplane or a helicopter shall authorize a person to perform, without supervision, a task that is elementary work set out in section 605.85 unless the person

(a) has satisfactorily completed training for the task under a training program required by section 406.45; and
(b) has previously performed that task under the direct supervision of the holder of an aircraft maintenance engineer (AME) licence or a training organization approved pursuant to Subpart 3.

Servicing

406.44 A flight training unit that operates an aeroplane or a helicopter shall ensure that each person who performs or requests the performance of servicing has satisfactorily completed training, under a training program required by section 406.45, for the servicing to be performed.

Training Program

406.45 A flight training unit that operates an aeroplane or a helicopter shall implement a training program to ensure that persons who are authorized to perform a function under this Division are trained in respect of the regulations, standards and flight training unit procedures applicable to that function, as specified in the personnel licensing standards.

Maintenance Personnel Records

406.46 (1) A flight training unit that operates an aeroplane or a helicopter shall establish, maintain and retain for at least two years after an entry is made a record of maintenance personnel that meets the personnel licensing standards.
(2) Where an authorization is given or training is completed, the flight training unit shall provide a copy of each record required by subsection (1) to the person to whom the record refers.

Quality Assurance Program

406.47 (1) The holder of an operator certificate issued in respect of a flight training unit that operates an aeroplane or a helicopter shall, in order to ensure that its maintenance control system and all of the included maintenance schedules continue to be effective and to comply with these Regulations, establish and maintain a quality assurance program that

(a) is under the sole control of

(i) the person responsible for the maintenance control system appointed under paragraph 406.19(1)(a), or
(ii) the person to whom the management functions for the program have been assigned under subsection 406.36(2); and

(b) meets the requirements of section 426.47 of the personnel licensing standards.

(2) The person responsible for the maintenance control system shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the policies and procedures specified in the maintenance control manual (MCM).

(3) The person responsible for the maintenance control system shall establish an audit system in respect of a quality assurance program that consists of the following:

(a) an initial audit within 12 months after the date on which the flight training unit operator certificate is issued;
(b) subsequent audits conducted at intervals set out in the MCM;
(c) a record of each occurrence of compliance or non-compliance with the MCM found during an audit referred to in paragraph (a) or (b);
(d) procedures for ensuring that each finding of an audit is communicated to them and, if management functions have been assigned to another person under subsection 406.36(2) or (3), to that person;
(e) follow-up procedures for ensuring that corrective actions are effective; and
(f) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups.

(4) The records required under paragraph (3)(f) shall be retained for the greater of

(a) two audit cycles; and
(b) two years.

(5) If a flight training unit that operates an aeroplane or a helicopter is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for the quality assurance program of the flight training unit under paragraph (1)(a) shall be the person responsible for the quality assurance program of the AMO.
(6) The duties related to the quality assurance program that involve specific tasks or activities within a flight training unit's activities shall be fulfilled by persons who are not responsible for carrying out those tasks or activities.

SOR/2005-173, s . 13.

[406.48 and 406.49 reserved]
Division V — Flight Training Operations

Operational Control System

406.50 No flight training unit that conducts flight training in accordance with a flight training operations manual that has been approved by the Minister shall operate an aircraft unless the flight training unit has an operational control system that meets the personnel licensing standards and is under the control of its chief flight instructor.
SOR/2006-352, s. 23.

Aircraft Operations Requirements

406.51 (1) A flight training unit that operates an aeroplane to conduct training for a private pilot licence, a commercial pilot licence or a flight instructor rating shall have access to at least one aeroplane that is certified under Part V for the spin manoeuvre.
(2) A flight training unit that operates a helicopter to conduct training for a pilot permit — recreational, a private pilot licence, a commercial pilot licence or a flight instructor rating shall have access to at least one helicopter that is configured for and capable of full-on autorotational landings.

Facilities at Base of Operations

406.52 A flight training unit shall have facilities at a base of operations that meet the personnel licensing standards.

Dispatch of Aircraft

406.53 No flight training unit that operates an aeroplane or a helicopter shall permit a person to conduct a take-off in an aircraft that is subject to the operational control of the flight training unit unless the aircraft has been maintained in accordance with a maintenance control system.

Aircraft Operating over Water

406.54 No flight training unit shall permit a person to operate a land aircraft over water, except when conducting a take-off or landing, beyond a point where the land aircraft could reach shore in the event of an engine failure.

Solo Cross-country Routes

406.55 No flight training unit that operates an aeroplane or a helicopter shall permit a person to conduct the solo cross-country flight required by Subpart 1 for the private pilot licence — aeroplane or the private pilot licence — helicopter unless the flight training unit notifies the Minister in writing of the planned route of the flight originating from the main base or any satellite base.

Daily Flight Record

406.56 A flight training unit that operates an aeroplane, a helicopter or a glider shall, for the purpose of maintaining operational control, establish, maintain and retain for at least two years after an entry is made a daily flight record that meets the personnel licensing standards.

Journey Log Entries

406.57 A flight training unit that operates an aeroplane, a helicopter or a glider shall designate a person to make journey log entries in accordance with section 605.94.

Flight Training at a Satellite Base

406.58 (1) A flight training unit that conducts flight training at a satellite base shall

(a) assign a flight instructor, other than a Class 4 flight instructor, to be responsible for flight training operations at the satellite base; and
(b) ensure that a qualified flight instructor is on duty at that satellite base while a solo training flight is in progress.

(2) A Class 4 flight instructor shall not conduct flight training at a satellite base unless a qualified Class 1 or Class 2 flight instructor is on duty.

[406.59 and 406.60 reserved]
Division VI — Manuals and Course Certificates

Flight Training Operations Manual

406.61 (1) Every flight training unit that conducts an integrated course or operates a sub-base shall establish and maintain a flight training operations manual that includes the instructions and information necessary to enable the personnel concerned to perform their duties safely and that meets the personnel licensing standards.
(2) The flight training operations manual may be issued in separate parts corresponding to specific aspects of operations.
(3) Whenever the flight training operations manual no longer meets the personnel licensing standards, the flight training unit shall amend it to bring it into compliance with the standards.
(4) A flight training unit shall submit to the Minister its flight training operations manual and, if they relate to the information required by the personnel licensing standards, any separately issued parts and any subsequent amendments to them or to the manual.
(5) If the personnel licensing standards are met, the Minister shall approve the parts of a flight training operations manual that relate to the information required by the personnel licensing standards and any subsequent amendments to the parts.
(6) A flight training unit shall distribute its flight training operations manual, any separately issued parts and any subsequent amendments to the manual or parts in accordance with the personnel licensing standards.
(7) The chief flight instructor shall maintain a master list of the holders of the flight training operations manual and ensure that the manual is distributed in accordance with the list.

(8) The following operational personnel shall hold copies of the flight training operations manual and shall be responsible for its amendment:

(a) the chief flight instructor;
(b) the assistant chief flight instructor;
(c) the check instructor; and
(d) the person responsible for the maintenance control system or the approved maintenance organization.

(9) The chief flight instructor shall make manuals available to all other operational personnel who are involved in operational control, including flight instructors, students and, if applicable, flight dispatchers.
(10) Every person who has been provided with a copy of the appropriate parts of a flight training operations manual pursuant to subsections (7) and (8) shall keep it up to date by inserting in it the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.

SOR/2006-352, s. 24.

Training Manual

406.62 (1) Every flight training unit that conducts an integrated course shall establish and maintain a training manual that meets the personnel licensing standards.
(2) The training manual may be issued in separate parts corresponding to specific aspects of the integrated course.
(3) Whenever the training manual no longer meets the personnel licensing standards, the flight training unit shall amend it to bring it into compliance with the standards.
(4) A flight training unit shall submit to the Minister its training manual and, if they relate to the information required by the personnel licensing standards, any separately issued parts and any subsequent amendments to them or to the manual.
(5) If the personnel licensing standards are met, the Minister shall approve the parts of a training manual that relate to the information required by the personnel licensing standards and any subsequent amendments to the parts.

SOR/2006-352, s. 24.

Certificate of Enrolment

406.63 (1) A flight training unit that conducts an integrated course shall provide to each trainee, at the start of the course, a certificate of enrolment that meets the personnel licensing standards.
(2) A flight training unit that conducts an integrated course shall maintain a current list of the trainees enrolled in each integrated course conducted by the flight training unit.

SOR/2006-352, s. 24.

Course Completion Certificate

406.64 A flight training unit that conducts an integrated course shall provide to each trainee, on successful completion of the course, a course completion certificate that meets the personnel licensing standards.

SOR/2006-352, s. 24;
SOR/2015-160, s. 21(F).

Previous Version

[406.65 to 406.70 reserved]
Division VII — Training

Operational Personnel Training Program

406.71 (1) For the purposes of this section, competency check means a certification by the chief flight instructor or an instructor delegated by the chief flight instructor that a flight instructor conducting training under an integrated course has demonstrated in flight an ability to perform both normal and emergency manoeuvres appropriate to the most complex single-engined aeroplane to be used for the flight instruction.

(2) A flight training unit that conducts flight training in accordance with a flight training operations manual that has been approved by the Minister shall establish and maintain a ground and flight training program for operational personnel as follows:

(a) indoctrination training is required upon employment for all persons assigned to an operational control function, including chief flight instructors, assistant chief flight instructors, flight instructors and persons responsible for flight following;
(b) the training referred to in paragraph (a) shall ensure that persons involved in the control of flight operations are aware of their responsibilities, know reporting relationships and are competent to fulfil their assigned duties related to flight training operations;
(c) the training referred to in paragraph (a) shall include a review of the flight training operations manual and the training manual, as applicable;

(d) each flight instructor who conducts training in accordance with an integrated course shall, before receiving authorization to conduct the training, successfully complete, under the supervision of the chief flight instructor, assistant chief flight instructor or check instructor,

(i) the indoctrination training referred in paragraph (a),
(ii) a review of, and a briefing on, the contents of the flight training operations manual and the training manual, and
(iii) an initial competency check in each type of aircraft in which the flight instructor conducts training in accordance with the integrated course; and

(e) each flight instructor who conducts training in accordance with an integrated course shall, every 12 months after the month in which the initial competency check was completed, successfully complete

(i) a recurrent competency check in one of the aircraft in which the flight instructor conducts training in accordance with the integrated course,
(ii) an in-flight monitoring of a training flight conducted by the flight instructor,
(iii) a flight test toward the issuance of a flight instructor rating, multi-engine class rating or instrument rating, or
(iv) a competency check in accordance with Part VI or a pilot proficiency check in accordance with Part VII, as applicable.

SOR/2006-352, s. 24;
SOR/2014-131, s. 11;
SOR/2015-160, s. 22.

Previous Version

[406.72 to 406.74 reserved]
Division VIII — Integrated Course

Requirements

406.75 An integrated course shall be conducted under the supervision of the chief flight instructor of a flight training unit that holds a flight training unit operator certificate and shall be arranged by that flight training unit in accordance with the personnel licensing standards.

SOR/2006-352, s. 24;
SOR/2015-160, s. 23.

Previous Version

Prerequisite

406.76 The flight training unit shall ensure that an applicant, before being admitted to an integrated course, has a secondary school diploma or equivalent in accordance with the personnel licensing standards.
SOR/2006-352, s. 24.

Transfer

406.77 Any trainee wishing to transfer to another flight training unit during an integrated course shall apply to the other flight training unit for a formal assessment of the further hours of training required at that flight training unit. The assessment shall be recorded in the applicant’s training record.
SOR/2006-352, s. 24.

[406.78 and 406.79 reserved]
Subpart 7 — [Reserved]

Subpart 8 — Conduct of Flight Tests

Interpretation

408.01 (1) Any reference in this Subpart to the flight testing standards is a reference to Standard 428 — Personnel Licensing and Training Standards respecting the Conduct of Flight Tests.

(2) The following definitions apply in this Subpart.

air flight test item
air flight test item means a flight test item performed using an aeroplane, helicopter or synthetic flight training equipment, including the pre-flight inspection, start-up, run-up, taxiing and emergency procedures. (exercice en vol)
examiner
examiner means a person designated by the Minister to conduct flight tests for the issuance or renewal of flight crew permits, licences or ratings for an aeroplane or helicopter. (examinateur)
ground flight test item
ground flight test item means a flight test item performed prior to the pre-flight inspection of the aeroplane or helicopter. (exercice au sol)

SOR/2011-284, s. 16.

Application

408.02 This Subpart applies in respect of the conduct, using an aeroplane, helicopter or synthetic flight training equipment, of flight tests required for the issuance or renewal of a flight crew permit, licence or rating.
SOR/2011-284, s. 16.

[408.03 to 408.10 reserved]
Record of Flight Test

408.11 The Minister shall maintain a record of each flight test in accordance with this Subpart and the flight testing standards. The record shall contain the following information:

(a) an assessment of the results of each flight test item;
(b) the overall results; and
(c) whether the candidate passed or failed the flight test.

SOR/2011-284, s. 16.

Prerequisite for Flight Test

408.12 Before conducting a flight test or partial re-test, the examiner shall ensure that they have received the documentation specified in section 1 of Schedules 1 to 18 to the flight testing standards, dated, if applicable, as specified in that section.
SOR/2011-284, s. 16.

Aircraft and Equipment Required for a Flight Test

408.13 The examiner shall ensure that the candidate who takes a flight test provides the aircraft and equipment described in section 2 of Schedules 1 to 18 to the flight testing standards.
SOR/2011-284, s. 16.

Flight Test

408.14 (1) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, a candidate successfully completes the flight test if

(a) the candidate completes all of the items set out in section 5 of those schedules; and
(b) the candidate receives at least the passing grade for the permit, licence or rating specified in the following table and does not fail any flight test item for any of the reasons set out in subsection 408.18(1).

Table

Permit, Licence or Rating
Passing Grade

Rating for Passenger-Carrying Ultra-Light Aeroplane
50%

Permit for Recreational Pilot — Aeroplane
50%

Licence for Private Pilot — Aeroplane
50%

Licence for Commercial Pilot — Aeroplane
70%

Licence for Private Pilot — Helicopter
50%

Licence for Commercial Pilot — Helicopter
70%

Multi-Engine Class Rating — Aeroplane
70%

Instrument Rating
60%

(2) In the case of a flight test conducted in accordance with Schedules 9 to 18 to the flight testing standards, a candidate successfully completes the flight test if

(a) the candidate completes all of the items set out in section 5 of those schedules; and
(b) the candidate successfully completes each item of the flight test and does not fail the test for any of the reasons set out in section 408.19.

SOR/2011-284, s. 16.

Conduct of a Flight Test

408.15 (1) The examiner shall conduct a flight test in accordance with section 3 of Schedules 1 to 18 to the flight testing standards.
(2) The examiner shall evaluate the performance of a candidate in accordance with section 4 of Schedules 1 to 18 to the flight testing standards by verifying, during the flight test, the candidate’s knowledge and skills when performing the items set out in section 4 of those schedules, taking into account the general tolerances specified in that section. The examiner shall record the results on the form entitled Flight Test Report in the manner specified by the Minister.
(3) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, the examiner shall not take part in the pilotage of the aeroplane or helicopter during the flight test except in the cases set out in paragraph 3(b) of those schedules.

SOR/2011-284, s. 16.

408.16 In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, the examiner may have the candidate repeat an item if

(a) the item is discontinued for safety reasons;
(b) the examiner intervened on the flight controls to avoid a collision with another aircraft that the candidate could not see;
(c) the candidate understood the specific nature of the item but did not understand the examiner’s request to perform it; or
(d) the examiner was distracted to the point of not being able to adequately observe the candidate’s performance of the item.

SOR/2011-284, s. 16.

Incomplete Flight Test

408.17 If the candidate has successfully completed some of the items during a flight test but the flight test cannot be completed for reasons beyond the candidate’s control, the subsequent flight test shall meet the following requirements:

(a) only the items that the candidate could not perform during the initial flight test shall be performed;

(b) the candidate shall take the subsequent flight test within

(i) 60 days after the date of the incomplete flight test, in the case of a flight test described in Schedule 1 to the flight testing standards, or
(ii) 30 days after the date of the incomplete flight test, in the case of a flight test described in Schedules 2 to 18 to the flight testing standards; and

(c) in the case of a flight test conducted in accordance with Schedule 8 to the flight testing standards, the subsequent flight test shall be conducted using an aircraft in the same instrument rating group as the aircraft used in the initial flight test.

SOR/2011-284, s. 16;
SOR/2015-160, s. 24(F).

Previous Version

Failure and Re-test — Schedules 1 to 8 to Flight Testing Standards

408.18 (1) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, a candidate fails the flight test if

(a) the candidate’s performance of an item includes deviations that are repeated or that the candidate either does not recognize or does not correct in a timely manner;
(b) the candidate’s handling of the aircraft is rough or includes uncorrected or excessive deviations from specified tolerances;
(c) the candidate, as a result of a pilot error or faulty handling of the aircraft, exceeds by more than double the deviation tolerances specified in the table to section 4 of Schedules 1 to 8 of those standards, even if a correction is made;
(d) the candidate does not demonstrate the level of technical proficiency or knowledge necessary to carry out the functions of a holder of a licence, permit or rating;
(e) the candidate has lapses in situational awareness that are not identified or corrected;
(f) the candidate’s flight management skills are ineffective; or
(g) the safety of the flight is compromised.

(2) A candidate who fails not more than two air flight test items described in Schedules 1 to 7 to the flight testing standards may take a re-test of each failed item within:

(a) 60 days after the date of the failed test, in the case of a flight test described in Schedule 1 to those standards; or
(b) 30 days after the date of the failed test, in the case of a flight test described in Schedules 2 to 7 to those standards.

(3) A candidate who fails not more than one air flight test item described in Schedule 8 to the flight testing standards may take a re-test of the failed item within 30 days after the date of the failed test.

(4) A candidate must take a complete re-test for a licence, permit or rating referred to in Schedules 1 to 8 to the flight testing standards if

(a) during a flight test, the candidate displays unsafe airmanship or dangerous flying resulting in the flight test being assessed as a failure;
(b) the candidate repeatedly fails to use appropriate and effective visual scanning techniques to ensure that the area is cleared before or while performing an item that involves visual manoeuvres;
(c) during a complete flight test, the candidate fails any ground flight test item;
(d) during a complete flight test, the candidate fails more than two air flight test items in the case of a flight test described in Schedules 1 to 7 to the flight testing standards or more than one air flight test item in the case of a flight test described in Schedule 8 to those standards;
(e) the candidate fails an item during a partial re-test; or
(f) the candidate does not complete a partial re-test within a period specified in subsection (2).

SOR/2011-284, s. 16.

Failure of a Flight Test — Schedules 9 to 18 to Flight Testing Standards

408.19 In the case of a flight test conducted in accordance with Schedules 9 to 18 to the flight testing standards, a candidate fails the flight test if

(a) the candidate performs an air flight test item using unsafe airmanship or completes the item with major deviations from the level of competency required for the issuance of a commercial pilot licence — aeroplane or a commercial pilot licence — helicopter;
(b) the candidate fails to use appropriate and effective visual scanning techniques to ensure that the area is cleared before or while performing an item that involves visual manoeuvres;
(c) the candidate acts or fails to act in such a manner that the examiner is required to take corrective action to maintain safe flight;
(d) the candidate instructs, on the ground or in the air, in a manner that the examiner determines would result in a lack of understanding or in a misunderstanding that could lead to a dangerous flight situation;
(e) the candidate fails to accomplish the aim of one or more of the items of the flight test;
(f) the candidate does not demonstrate the level of technical proficiency or knowledge necessary to carry out the functions of a holder of a flight instructor rating; or
(g) the candidate displays an ineffective instructional technique.

SOR/2011-284, s. 16.

Part V — Airworthiness

Interpretation

500.01 In this Part, rotorcraft means a gyroplane or a helicopter.

SOR/98-526, s. 2;
SOR/2009-280, s. 23.

Previous Version

Subpart 1 — Annual Airworthiness Information Report

Requirement to Report

501.01 (1) Subject to subsection (2), the owner of a Canadian aircraft, other than an ultra-light aeroplane, shall submit to the Minister an Annual Airworthiness Information Report in respect of the aircraft, in the form and manner specified in Chapter 501 of the Airworthiness Manual, either as

(a) an individual report; or
(b) where approved in conformity with Chapter 501 of the Airworthiness Manual, a consolidated fleet report.

(2) The submission of the Annual Airworthiness Information Report is not required where the aircraft is out of service and its owner

(a) reports, in the form and manner specified in Chapter 501 of the Airworthiness Manual, that the aircraft is out of service and is expected to remain out of service for one or more of the reporting periods for which an Annual Airworthiness Information Report would otherwise be required; and
(b) notifies the Minister forthwith when that aircraft is brought back into service.

Information to Be Reported

501.02 The owner of a Canadian aircraft shall provide in the Annual Airworthiness Information Report the information on the characteristics of the aircraft and on the maintenance of its airworthiness that is specified in Chapter 501 of the Airworthiness Manual.

Reporting Schedule

501.03 The owner of a Canadian aircraft shall submit the Annual Airworthiness Information Report to the Minister by not later than the anniversary of the day on which the aircraft’s flight authority was issued or another date agreed on, beforehand, by the owner and the Minister.

Subpart 7 — Flight Authority and Certificate of Noise Compliance

[SOR/2000-404, s. 1]
Application

507.01 This Subpart applies in respect of aircraft, other than ultra-light aeroplanes and hang gliders, that are

(a) Canadian aircraft; or
(b) operated in Canadian airspace.

Certificate of Airworthiness

507.02 Where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a certificate of airworthiness in respect of an aircraft

(a) for which an aircraft type design has been certified by the Minister and the certification is not in respect of a restricted category aircraft;
(b) that conforms to its certified type design; and
(c) that is safe for flight.

SOR/2009-280, s. 24.
Previous Version

Special Certificate of Airworthiness

507.03 Where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a special certificate of airworthiness in respect of an aircraft that

(a) meets the criteria for one of the classifications of a special certificate of airworthiness specified in Chapter 507 of the Airworthiness Manual;
(b) conforms to the applicable type design or, in the case of an amateur-built aircraft, is designed and constructed in a way that ensures its airworthiness, in conformity with the requirements of Chapter 549 of the Airworthiness Manual; and
(c) is safe for flight.

Flight Permit

507.04 Where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a flight permit in respect of an aircraft that meets the criteria for one of the classifications of a flight permit specified in Chapter 507 of the Airworthiness Manual and that is safe for flight.

Validation of Foreign Flight Authority

507.05 Where an aircraft is operating under a foreign flight authority that is issued in respect of the aircraft or the fleet of which it is a part and that does not conform to Article 31 of the Convention, and the Minister determines that the aircraft is safe for flight, the Minister shall validate the foreign flight authority, thereby authorizing the operation of the aircraft in Canadian airspace.

Application for Flight Authority

507.06 (1) An application for a flight authority shall be signed by the owner of the aircraft in respect of which it is submitted, or by a representative of the owner as defined in Chapter 507 of the Airworthiness Manual.
(2) A person who applies for a flight authority shall do so in the form and manner specified in Chapter 507 of the Airworthiness Manual.

(3) An applicant for a flight authority shall include with the application a declaration, made by a person authorized to do so pursuant to section 507.10, attesting that

(a) in the case of an application for a certificate of airworthiness, the aircraft meets the requirements of section 507.02;
(b) in the case of an application for a special certificate of airworthiness, the aircraft meets the requirements of section 507.03; or
(c) in the case of an application for a flight permit, the aircraft meets the requirements of section 507.04.

(4) In the case of an application to validate a foreign flight authority, the applicant shall submit a copy of the foreign flight authority, including any operational limitation imposed in respect of that flight authority.
(5) The Minister may inspect, or may cause to be inspected, any aircraft for which an application for flight authority has been made, for the purposes of determining conformity with its type design and compliance with the applicable requirements of these Regulations.

Flight Authority for an Imported Aircraft

507.07 Where an application for a flight authority is made in respect of an aircraft being imported, the applicant must comply with the importation requirements specified in Chapter 507 of the Airworthiness Manual.

Issuance of Additional Flight Authority

507.08 (1) Where the owner of an aircraft requests an additional flight authority in accordance with section 507.06 and demonstrates compliance with the applicable standards contained in Standard 507 — Flight Authority and Certificate of Noise Compliance and if the aircraft is safe for flight, the Minister shall issue

(a) in the case of an aircraft that has been damaged or has inoperative systems such that it no longer conforms to the conditions of the existing flight authority, an additional flight authority to allow the aircraft to be flown to a location where the required maintenance can be performed; or
(b) in the case of an aircraft that has been modified to allow multiple configurations one of which results in the aircraft no longer meeting the conditions of issue of the existing flight authority, an additional flight authority in respect of the new configuration.

(2) Where an additional flight authority is issued in respect of an aircraft pursuant to this section,

(a) the additional flight authority takes effect when an entry indicating that it is in effect, is made in the aircraft journey log; and
(b) except where provided for by technical dispatch procedures required by subsection 706.06(1), the flight authority specified in the most recent journey log entry made pursuant to paragraph 571.06(3)(a) remains in effect until a new flight authority is specified.

SOR/2003-154, s. 4.

Operating Conditions

507.09 Where an aircraft does not meet the requirements for the issue of a flight authority that conforms to Article 31 of the Convention, the Minister shall make the flight authority subject to operating conditions where the conditions are required to ensure the safety of the aircraft, other aircraft, persons, animals or property.

Persons Who May Attest to Condition and Conformity

507.10 No person shall make a declaration of an aircraft’s condition or conformity to its certified type design for the purpose of obtaining a flight authority other than the holder of an aircraft maintenance engineer (AME) licence issued pursuant to Part IV or

(a) in the case of a new aircraft, an authorized representative of the manufacturer; or
(b) in the case of an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, the owner of the aircraft.

SOR/2002-112, s. 2.

Duration of a Flight Authority

507.11 Unless surrendered, suspended or cancelled, a flight authority issued pursuant to this Subpart remains in force during the period or for the number of flights specified in it or, where no limit is specified, indefinitely, if the aircraft continues to meet the conditions subject to which the flight authority was issued.

Alteration of Document

507.12 No person other than the Minister shall amend a flight authority issued pursuant to this Subpart.

Replacing a Lost or Destroyed Flight Authority

507.13 The Minister shall replace a lost or destroyed flight authority of a Canadian aircraft on receipt of a written application from the registered owner, or from a representative of the owner as specified in Standard 507 — Flight Authority and Certificate of Noise Compliance, if the aircraft continues to meet the requirements for the issue of the flight authority.
SOR/2003-154, s. 5.

[507.14 to 507.19 reserved]
Certificate of Noise Compliance

507.20 If an application for a certificate of noise compliance is made in respect of an aircraft under section 507.21 and the aircraft meets the applicable noise emission levels specified in Chapter 516 of the Airworthiness Manual, the Minister shall issue the certificate.
SOR/2000-404, s. 2.

Application for a Certificate of Noise Compliance

507.21 (1) An application for a certificate of noise compliance shall be signed by the owner or operator of the aircraft in respect of which it is submitted or by a representative of the owner within the meaning of Chapter 507 of the Airworthiness Manual.
(2) A person who applies for a certificate of noise compliance shall do so in the form and manner specified in Chapter 507 of the Airworthiness Manual.
(3) An applicant for a certificate of noise compliance shall include with the application evidence that the aircraft meets the noise emission levels referred to in section 507.20.

SOR/2000-404, s. 2.

Suspension of a Certificate of Noise Compliance

507.22 A certificate of noise compliance is suspended and shall be surrendered to the Minister on request if the aircraft in respect of which it was issued no longer meets the noise emission levels referred to in section 507.20.
SOR/2000-404, s. 2.

Validation of a Foreign Certificate of Noise Compliance

507.23 In the process of validating a foreign flight authority in respect of an aircraft under section 507.05, if a foreign certificate of noise compliance is in effect in respect of the aircraft, the Minister shall validate the foreign certificate of noise compliance in the form and manner specified for the validation of the flight authority.
SOR/2000-404, s. 2.

Subpart 9 — Export Airworthiness Certificates

Application

509.01 This Subpart applies in respect of the following aircraft if they meet the export requirements specified in Chapter 509 of the Airworthiness Manual, except for aircraft that are operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, ultra-light aeroplanes and hang gliders:

(a) new aircraft manufactured in Canada;
(b) Canadian aircraft in respect of which a Certificate of Airworthiness has been issued pursuant to Subpart 7; or
(c) aircraft that were last registered in Canada but are no longer registered in any state.

SOR/2002-112, s. 3.

Application for an Export Airworthiness Certificate

509.02 (1) A person who applies for an Export Airworthiness Certificate shall do so in the form and manner specified in Chapter 509 of the Airworthiness Manual.
(2) An applicant for an Export Airworthiness Certificate shall include with the application a declaration made by a person authorized to do so pursuant to section 509.04, attesting that the aircraft conforms to the certified type design specified in the application.

Authority for Export

509.03 (1) Subject to subsection (2), the Minister shall issue an Export Airworthiness Certificate where the aircraft in respect of which the application is made conforms to

(a) the type design specified in a type certificate; or
(b) another type design specified in the application, where the aircraft is being exported to a state with which Canada has entered into an agreement that provides for the acceptance of Export Airworthiness Certificates and the aircraft conforms to any special requirements specified by that state.

(2) Where an aircraft does not meet the requirements of subsection (1), the Minister may issue an Export Airworthiness Certificate that specifies the non-conformity to the applicable type design or any special requirement and the acceptance of that non-conformity by the state to which the aircraft is being exported.

SOR/2009-280, s. 25.
Previous Version

Persons Who May Attest to Condition and Conformity

509.04 No person shall make a declaration of an aircraft’s condition or conformity to its certified type design for the purpose of obtaining an Export Airworthiness Certificate in respect of the aircraft, other than

(a) the holder of an aircraft maintenance engineer (AME) licence issued pursuant to Part IV that is applicable to that aircraft type; or
(b) in the case of a new aircraft manufactured in Canada, an authorized representative of the manufacturer.

Responsibilities of the Exporter

509.05 Where an Export Airworthiness Certificate has been issued in respect of an aircraft, the owner of the aircraft shall, on transfer of its title,

(a) forward to the new owner all of the documents and information required by Chapter 509 of the Airworthiness Manual;
(b) where the exported aircraft is disassembled, forward to the new owner the manufacturer’s assembly instructions and the other documents relating to the aircraft specified in Chapter 509 of the Airworthiness Manual; and
(c) ensure that the temporary equipment, if any, incorporated into the aircraft for the purpose of the export delivery flight is removed and the aircraft is restored to the configuration approved in the type certificate.

SUBPART 11[Repealed, SOR/2009-280, s. 26]

511.01 [Repealed, SOR/2009-280, s. 26]
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511.02 [Repealed, SOR/2009-280, s. 26]
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511.04 [Repealed, SOR/2009-280, s. 26]
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511.05 [Repealed, SOR/2009-280, s. 26]
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511.06 [Repealed, SOR/2009-280, s. 26]
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511.07 [Repealed, SOR/2009-280, s. 26]
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511.08 [Repealed, SOR/2009-280, s. 26]
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511.09 [Repealed, SOR/2009-280, s. 26]
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511.10 [Repealed, SOR/2009-280, s. 26]
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511.11 [Repealed, SOR/2009-280, s. 26]
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511.12 [Repealed, SOR/2009-280, s. 26]
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511.13 [Repealed, SOR/2009-280, s. 26]
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511.14 [Repealed, SOR/2009-280, s. 26]
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511.20 [Repealed, SOR/2009-280, s. 26]
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511.21 [Repealed, SOR/2009-280, s. 26]
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511.22 [Repealed, SOR/2009-280, s. 26]
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511.25 [Repealed, SOR/2009-280, s. 26]
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511.30 [Repealed, SOR/2009-280, s. 26]
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511.31 [Repealed, SOR/2009-280, s. 26]
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511.32 [Repealed, SOR/2009-280, s. 26]
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511.33 [Repealed, SOR/2009-280, s. 26]
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511.34 [Repealed, SOR/2009-280, s. 26]
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SUBPART 13[Repealed, SOR/2009-280, s. 26]

513.01 [Repealed, SOR/2009-280, s. 26]
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513.02 [Repealed, SOR/2009-280, s. 26]
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513.04 [Repealed, SOR/2009-280, s. 26]
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513.05 [Repealed, SOR/2009-280, s. 26]
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513.06 [Repealed, SOR/2009-280, s. 26]
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513.07 [Repealed, SOR/2009-280, s. 26]
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513.08 [Repealed, SOR/2009-280, s. 26]
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513.10 [Repealed, SOR/2009-280, s. 26]
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513.11 [Repealed, SOR/2009-280, s. 26]
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513.12 [Repealed, SOR/2009-280, s. 26]
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513.14 [Repealed, SOR/2009-280, s. 26]
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513.20 [Repealed, SOR/2009-280, s. 26]
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513.21 [Repealed, SOR/2009-280, s. 26]
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513.22 [Repealed, SOR/2009-280, s. 26]
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513.25 [Repealed, SOR/2009-280, s. 26]
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513.30 [Repealed, SOR/2009-280, s. 26]
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513.31 [Repealed, SOR/2009-280, s. 26]
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513.32 [Repealed, SOR/2009-280, s. 26]
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513.33 [Repealed, SOR/2009-280, s. 26]
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SUBPART 16[Repealed, SOR/2009-280, s. 26]

516.01 [Repealed, SOR/2009-280, s. 26]
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516.02 [Repealed, SOR/2009-280, s. 26]
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516.03 [Repealed, SOR/2009-280, s. 26]
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Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product

Division I — General

Interpretation

521.01 The following definitions apply in this Subpart.

aeronautical product
aeronautical product means an aircraft, aircraft engine, aircraft propeller or aircraft appliance or part, or a component part of any of those things. (produit aéronautique)
applicant
applicant means an individual or organization responsible for the design of an aeronautical product, or a representative of such an individual or organization, that makes an application for the issuance of or a change to a design approval document in respect of an aeronautical product. (demandeur)
design approval document
design approval document means a type certificate, a supplemental type certificate, a repair design approval, a part design approval or a Canadian Technical Standard Order (CAN-TSO) design approval. (document d’approbation de la conception)
foreign aeronautical product
foreign aeronautical product means an aeronautical product for which the state of design is a state other than Canada. (produit aéronautique étranger)
VLA

VLA or very light aeroplane means an aeroplane that has a single engine with a spark or compression ignition, has no more than two seats and is designed and manufactured to have

(a) a maximum certificated take-off weight not exceeding 750 kg; and
(b) a stall speed in the landing configuration (Vso) of 45 knots (52 mph) calibrated air speed (CAS), or less. (VLA ouavion très léger)

SOR/2009-280, s. 26.

Application

521.02 This Subpart applies to applicants for and holders of the following documents and applicants for a change to one of those documents:

(a) a type certificate issued under section 521.57 in respect of an aeronautical product;
(b) a Canadian Technical Standard Order (CAN-TSO) design approval issued under section 521.109 in respect of an appliance or a part;
(c) a supplemental type certificate issued under section 521.206 in respect of an aeronautical product;
(d) a repair design approval issued under section 521.256 in respect of an aeronautical product; and
(e) a part design approval issued under section 521.306 in respect of a replacement part for an aeronautical product.

SOR/2009-280, s. 26.

Appliances and Parts

521.03 An appliance or a part, other than a standard part, may be approved by the issuance of any one of the following:

(a) a Canadian Technical Standard Order (CAN-TSO) design approval;
(b) a type certificate, in the case of an appliance or part that is part of an aeronautical product on which it is installed;
(c) a supplemental type certificate, in the case of an appliance or part that is part of a change to the type design of an aeronautical product; or
(d) a part design approval, in the case of a part that is a replacement part.

SOR/2009-280, s. 26.

[521.04 to 521.24 reserved]
Division II — Type Certificates

Application

521.25 This Division applies

(a) in respect of the issuance of a type certificate for an aeronautical product; and
(b) to applicants for and holders of a type certificate in respect of an aeronautical product.

SOR/2009-280, s. 26.

Eligibility Requirements

521.26 An applicant for a type certificate in respect of an aeronautical product shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the aeronautical product with its certification basis.
SOR/2009-280, s. 26.

Aircraft Categories

521.27 (1) An applicant may, in the case of an aircraft, request a type certificate in respect of the following aircraft categories or any combination of them:

(a) normal category;
(b) utility category;
(c) aerobatic category;
(d) commuter category;
(e) transport category; or
(f) restricted category.

(2) An applicant may, in the case of an aircraft for which no standards of airworthiness are listed in subsection 521.31(1), request a type certificate in respect of an aircraft category that is not listed in subsection (1).

SOR/2009-280, s. 26.

Application for a Type Certificate

521.28 An applicant for a type certificate in respect of an aeronautical product shall submit to the Minister

(a) an application that contains the information specified on the form published by the Minister entitled Type Certificate Application;

(b) a description of the aeronautical product that contains, in addition to its principal design features and its specifications,

(i) in the case of an aircraft, a three-view drawing, the preliminary data respecting the design and performance, and the proposed operating characteristics and limitations, and
(ii) in the case of an aircraft engine or propeller, a general arrangement drawing, and the proposed operating characteristics and limitations;

(c) a proposed certification basis; and

(d) a certification plan that identifies

(i) the means to be used to demonstrate that the aeronautical product conforms to the applicable certification basis,
(ii) the documentation that demonstrates the conformity of the aeronautical product with the applicable certification basis,
(iii) the resources necessary for carrying out the demonstration of conformity referred to in subparagraph (i), and
(iv) the schedule for carrying out the demonstration of conformity referred to in subparagraph (i).

SOR/2009-280, s. 26.

Effective Period of an Application

521.29 (1) Unless an applicant demonstrates, at the time of submitting an application for a type certificate in respect of an aeronautical product, that a longer period is required for the design, development and testing of the product, and for that reason the Minister approves a longer period, the application is effective during one of the following periods, beginning on the date of the application:

(a) five years, in the case of a transport category aeroplane or a transport category rotorcraft; or

(b) three years, in the case of

(i) an aircraft other than an aircraft referred to in paragraph (a),
(ii) an aircraft engine, or
(iii) an aircraft propeller.

(2) If a type certificate is not issued within the applicable effective period referred to in subsection (1), the applicant may

(a) submit a new application for a type certificate; or
(b) apply for an extension of the effective period of the original application.

(3) If the effective period of an application for a type certificate is extended under paragraph (2)(b), the standards of airworthiness applicable to the aeronautical product are those in force on the date that precedes, by one of the periods referred to in subsection (1), the date of the issuance of the type certificate.

SOR/2009-280, s. 26.

Certification Basis

521.30 (1) The Minister shall establish, in respect of an aeronautical product, a certification basis consisting of

(a) subject to subsections (2) to (5), the applicable standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate, unless the applicant

(i) elects to include in the certification basis later amendments to those standards of airworthiness, in accordance with subsection (5), or
(ii) is required to comply with later amendments to the standards of airworthiness in accordance with subsection 521.29(3);

(b) the applicable aircraft emissions standards referred to in section 521.32;
(c) any special conditions that are necessary to ensure that the type design of an aeronautical product having a novel or unusual design feature provides a level of safety equivalent to that provided by the standards of airworthiness in force on the date of application for the type certificate;
(d) any finding of equivalent safety based on any factors or design features that provide for an alternate means of compliance with the standards of airworthiness in force on the date of application for the type certificate; and
(e) any exemptions.

(2) In the case of an aeronautical product to which no complete standards of airworthiness referred to in section 521.31 apply, the applicable standards of airworthiness are the portions of the standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate.

(3) In the case of an aircraft, including its engine and propeller, that is designed in accordance with the requirements of, and accepted for use by, the Department of National Defence, other than an aircraft referred to in paragraph (4)(b), the applicable standards of airworthiness are those referred to in section 521.31

(a) that are appropriate to the type of aircraft, the number and type of its engines and propellers, and its MCTOW; and
(b) that provide a level of safety equivalent to that provided by the standards of airworthiness in force on the date that the aircraft was accepted for use by that Department.

(4) In the case of an aircraft for which a type certificate in the restricted category is requested, the applicable standards of airworthiness are

(a) the standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate, except for those that are inappropriate for the use specified on the application for the type certificate; or
(b) the design and performance requirements established by the Department of National Defence in respect of the aircraft on the date that the aircraft was accepted for use by that Department.

(5) An applicant may elect to include in the certification basis later amendments to the applicable standards of airworthiness referred to in subsections (1) to (4), if the applicant complies with any other amendment that is directly related to those standards.

SOR/2009-280, s. 26.

Standards of Airworthiness

521.31 (1) For the issuance of a type certificate in respect of an aeronautical product, the standards of airworthiness, including the aircraft categories set out in subsection 521.27(1), are those specified in the following chapters of the Airworthiness Manual, as applicable:

(a) Chapter 522 — Gliders and Powered Gliders;
(b) Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes;
(c) Chapter 523 – VLA — Very Light Aeroplanes;
(d) Chapter 525 — Transport Category Aeroplanes;
(e) Chapter 527 — Normal Category Rotorcraft;
(f) Chapter 529 — Transport Category Rotorcraft;
(g) Chapter 531 — Manned Free Balloons;
(h) Chapter 533 — Aircraft Engines;
(i) Chapter 535 — Propellers; and
(j) Chapter 541 — Airships.

(2) The standards of airworthiness for the design and installation of an item of aircraft equipment required by Part VI or VII are

(a) those specified in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual; or
(b) if no standards of airworthiness for the design and installation of the item of aircraft equipment are specified in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual, those specified in the certification basis of the aircraft on which the equipment is installed.

SOR/2009-280, s. 26.

Aircraft Emissions Standards

521.32 The aircraft emissions standards applicable to the issuance of a type certificate are the following:

(a) in the case of an aircraft other than an aircraft for which certification is requested in the restricted category for use in agricultural operations or fire prevention and suppression, the noise standards specified in Subchapter A of Chapter 516 — Aircraft Emissions of the Airworthiness Manual;
(b) in the case of a turbine-powered aircraft, the standards respecting the prevention of intentional fuel venting specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual; and
(c) in the case of an aircraft engine, the smoke and gaseous aircraft emissions standards specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual.

SOR/2009-280, s. 26.

Conformity with Certification Basis

521.33 An applicant for a type certificate in respect of an aeronautical product shall

(a) demonstrate to the Minister that the aeronautical product conforms to the certification basis established by the Minister under section 521.30;
(b) submit to the Minister a declaration attesting to the demonstration of conformity of the aeronautical product with its certification basis;
(c) make available to the Minister the means by which conformity is established;
(d) in the case of an aircraft, record the noise levels in its flight manual or in a supplement to that manual using the Guidelines for the Administration of Noise Certification Documentation set out in Attachment G of Annex 16, Volume I to the Convention; and
(e) submit to the Minister for approval any manuals, instructions and limitations that are required by the certification basis established in respect of the aeronautical product.

SOR/2009-280, s. 26.

[521.34 to 521.43 reserved]
Inspections and Tests

521.44 An applicant for a type certificate in respect of an aeronautical product shall

(a) ensure, before conducting a test, that the item to be tested conforms to the drawings, specifications and manufacturing processes proposed for the type design of the aeronautical product and that the measuring device and test equipment to be used are appropriate and calibrated for the test;
(b) ensure that the equipment and procedures used for conducting a test flight meet the requirements set out in sections 521.45 and 521.46;
(c) conduct all the inspections, analyses and tests necessary to demonstrate to the Minister that the type design of the aeronautical product conforms to its certification basis;
(d) in accordance with the certification plan, submit to the Minister for review the data and reports resulting from the inspections, analyses and tests conducted under paragraph (c); and

(e) provide the Minister with access to the aeronautical product for the purpose of making any inspection, making any engineering assessment, or conducting or witnessing any test,

(i) required to verify the applicant’s declaration attesting to the demonstration of conformity of the aeronautical product with its certification basis, or
(ii) required to make a determination of the conformity of the aeronautical product with its certification basis.

SOR/2009-280, s. 26.

Test Flights

521.45 (1) An applicant for a type certificate in respect of an aeronautical product who conducts a test flight shall

(a) make provisions for emergency situations and provide the emergency equipment required for the safety of the test flight personnel;
(b) conduct the inspections, analyses, structural tests, wind tunnel tests and functional tests of the critical systems and components of the aircraft used for the test flight — including an evaluation of the effect of their failure — to ensure that the aircraft will operate safely within the operating limitations and restrictions specified by the applicant;
(c) provide a pilot who holds a licence endorsed with a rating appropriate for conducting the test flight; and
(d) conduct the test flight in accordance with the conditions specified by the Minister in a flight authority issued in respect of that flight.

(2) The applicant shall, before conducting the first test flight of an aircraft type, submit

(a) a written airworthiness declaration attesting that the aircraft being used for the test flight satisfies the conditions referred to in paragraph (1)(b); and
(b) a written declaration attesting to the condition of the aircraft and its conformity with the configuration specified for the purposes of the test flight, made by a person authorized to do so by the manufacturer of the aircraft.

SOR/2009-280, s. 26.

Test Flight Operations

521.46 (1) An applicant for a type certificate in respect of an aeronautical product who intends to conduct a test flight and who has the resources, personnel and facilities for conducting a test flight shall establish and maintain a test flight operations manual that is appropriate to the size, nature and complexity of the test flight operations and that contains

(a) a statement signed by the person responsible for the test flight operations certifying that the test flight operations are being carried out in accordance with the policies and procedures set out in the manual and in any document incorporated into that manual;
(b) a description of the system used by the applicant to supervise the test flight operations;
(c) a description of the system used by the applicant to manage matters relating to safety and risk during the conduct of a test flight;
(d) a description of record-keeping practices and procedures;
(e) a description of how the configuration of an aircraft used in a test flight is defined and how a change to that configuration is documented;
(f) a description of the qualification, training and currency requirements of the test flight crew members;
(g) a description of the test flight planning procedures; and
(h) duty time limitations for test flight crew members.

(2) The person responsible for test flight operations shall submit the test flight operations manual and any amendment to the manual to the Minister for approval.
(3) The Minister shall approve the test flight operations manual and any amendment to the manual if they meet the requirements set out in this section.

SOR/2009-280, s. 26.

Function and Reliability Test Flights

521.47 (1) Subject to subsection (3), an applicant for a type certificate in respect of an aircraft shall conduct one or more function and reliability test flights in order to demonstrate to the Minister that the aircraft, its components and its equipment are reliable and function properly.

(2) A function and reliability test flight shall consist of

(a) in the case of an aircraft that uses a turbine engine of a type not previously used in an aircraft for which a type certificate has been issued, at least 300 hours of operation of the aircraft with a full complement of engines that conform to a type certificate or to an equivalent certificate issued by the airworthiness authority of a foreign state with which Canada has an airworthiness agreement or similar arrangement; or
(b) in the case of every other aircraft, at least 150 hours of operation of the aircraft.

(3) Subsection (1) does not apply in respect of

(a) the following aircraft:

(i) aeroplanes having a MCTOW of 2 720 kg (6,000 pounds) or less,
(ii) gliders,
(iii) airships having a seating configuration, excluding pilot seats, of nine or less,
(iv) manned free balloons, or
(v) restricted category aircraft; or

(b) a change to a type design, unless otherwise determined by the Minister taking into consideration the certification plan submitted under paragraph 521.28(d).

SOR/2009-280, s. 26.

[521.48 to 521.56 reserved]
Issuance of a Type Certificate

521.57 (1) Subject to section 6.71 of the Act, the Minister shall issue a type certificate in respect of an aeronautical product if the applicant

(a) submits the declaration required under paragraph 521.33(b);
(b) submits a signed undertaking to carry out the responsibilities specified in Division VIII; and
(c) meets the requirements set out in subsection (2) or (3) in respect of the category of the aeronautical product.

(2) An applicant for a type certificate in respect of an aeronautical product other than a restricted category aircraft shall demonstrate to the Minister that

(a) the type design of the aeronautical product conforms to its certification basis;
(b) in the case of an aircraft, no feature or characteristic makes the aircraft unsafe, taking into account the category in which certification is requested;
(c) subject to paragraph (d), any test flights required under paragraph 521.44(c) and section 521.47 have been conducted; and
(d) if the function and reliability test flights required under section 521.47 have not been completed, a program exists to ensure their completion before the later of the delivery of the first aircraft and the issuance of the certificate of airworthiness.

(3) An applicant for a type certificate in respect of a restricted category aircraft shall demonstrate to the Minister that

(a) no feature or characteristic makes the aircraft unsafe when that aircraft is operated within the limitations specified for its intended use; and

(b) the aircraft

(i) has a type design that conforms to its certification basis, or
(ii) is of a type manufactured in accordance with the requirements of, and accepted for use by, the Department of National Defence and has been modified for its intended use.

SOR/2009-280, s. 26.

Change to the Type Design Approved in a Type Certificate

521.58 The holder of a type certificate in respect of an aeronautical product who proposes to make a change to the type design approved in the type certificate shall meet the requirements set out in section 521.152.
SOR/2009-280, s. 26.

[521.59 to 521.100 reserved]
Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals

Application

521.101 This Division applies

(a) in respect of the issuance of a Canadian Technical Standard Order (CAN-TSO) design approval for an appliance or a part; and
(b) to applicants for and holders of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part.

SOR/2009-280, s. 26.

Eligibility Requirements

521.102 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the appliance or part with its certification basis.
SOR/2009-280, s. 26.

Application for a Canadian Technical Standard Order (CAN-TSO) Design Approval

521.103 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall submit to the Minister

(a) an application that contains the information specified on the form published by the Minister entitled Canadian Technical Standard Order (CAN-TSO) Design Approval Application;
(b) a description of the appliance or part that contains its principal design features and its specifications;
(c) a proposed certification basis;

(d) a certification plan that identifies

(i) the means to be used to demonstrate that the appliance or part conforms to the applicable certification basis,
(ii) the documentation that demonstrates the conformity of the appliance or part with the applicable certification basis,
(iii) the resources necessary for carrying out the demonstration of conformity referred to in subparagraph (i), and
(iv) the schedule for carrying out the demonstration of conformity referred to in subparagraph (i);

(e) a draft of the declaration of design and performance referred to in paragraph 521.107(b); and
(f) the means to be used to identify the model number of an appliance or a part and the part number of each component of the appliance or part and how changes to the appliance or part will be identified.

SOR/2009-280, s. 26.

Effective Period of an Application

521.104 (1) Unless an applicant demonstrates, at the time of submitting an application for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part, that a longer period is required for the design, development and testing of the appliance or part, and for that reason the Minister approves a longer period, the application is effective during one of the following periods, beginning on the date of the application:

(a) two years, in the case of an appliance or a part other than a turbine-powered APU; or
(b) three years, in the case of a turbine-powered APU.

(2) If a Canadian Technical Standard Order (CAN-TSO) design approval is not issued within the applicable effective period referred to in subsection (1), the applicant may

(a) submit a new application for a Canadian Technical Standard Order (CAN-TSO) design approval; or
(b) apply for an extension of the effective period of the original application.

(3) If the effective period of an application for a Canadian Technical Standard Order (CAN-TSO) design approval is extended under paragraph (2)(b), the standards of airworthiness applicable to the appliance or part are those in force on the date that precedes, by one of the periods referred to in subsection (1), the date of the issuance of the Canadian Technical Standard Order (CAN-TSO) design approval.

SOR/2009-280, s. 26.

Certification Basis

521.105 The Minister shall establish, in respect of an appliance or a part, a certification basis consisting of

(a) the applicable standards of airworthiness referred to in section 521.106 that are in force on the date of application for the Canadian Technical Standard Order (CAN-TSO) design approval; and
(b) any finding of equivalent safety based on any factors or design features that provide for an alternate means of compliance with the standards of airworthiness in force on the date of application for the Canadian Technical Standard Order (CAN-TSO).

SOR/2009-280, s. 26.

Standards of Airworthiness

521.106 The standards of airworthiness for the issuance of or a change to a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part are

(a) those specified in Chapter 537 — Appliances and Parts of the Airworthiness Manual; or
(b) if no standards of airworthiness for the issuance of or a change to a Canadian Technical Standard Order (CAN-TSO) design approval in respect of the appliance or part are specified in Chapter 537 — Appliances and Parts of the Airworthiness Manual, the minimum performance standards specified by the Minister.

SOR/2009-280, s. 26.

Conformity with Certification Basis

521.107 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall

(a) demonstrate to the Minister that the appliance or part conforms to the certification basis established by the Minister under section 521.105;

(b) submit to the Minister a declaration of design and performance that contains

(i) the content of the certification basis,
(ii) a declaration attesting to the demonstration of conformity of the appliance or part with its certification basis,
(iii) information identifying the components of the type design of the appliance or part,
(iv) the rated performance of the appliance or part,
(v) a reference to the record documenting the means of demonstrating conformity with the certification basis, and
(vi) a reference to the maintenance, overhaul and repair manuals;

(c) make available to the Minister the means by which conformity is established; and
(d) submit to the Minister for approval any manuals, instructions and limitations that are required by the certification basis established in respect of the appliance or part.

SOR/2009-280, s. 26.

Inspections and Tests

521.108 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall

(a) ensure, before conducting a test, that the item to be tested conforms to the drawings, specifications and manufacturing processes proposed for the type design of the appliance or part and that the measuring device and test equipment to be used are appropriate and calibrated for the test;
(b) conduct all the inspections, analyses and tests necessary to demonstrate to the Minister that the type design of the appliance or part conforms to its certification basis;
(c) in accordance with the certification plan, submit to the Minister for review the data and reports resulting from the inspections, analyses and tests conducted under paragraph (b); and

(d) provide the Minister with access to the appliance or part for the purpose of making any inspection, making any engineering assessment, or conducting or witnessing any test,

(i) required to verify the applicant’s declaration attesting to the demonstration of conformity of the appliance or part with its certification basis, or
(ii) required to make a determination of the conformity of the appliance or part with its certification basis.

SOR/2009-280, s. 26.

Issuance of a Canadian Technical Standard Order (CAN-TSO) Design Approval

521.109 Subject to section 6.71 of the Act, the Minister shall issue a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part if the applicant

(a) meets the requirements set out in section 521.107; and
(b) submits a signed undertaking to carry out the responsibilities specified in Division VIII.

SOR/2009-280, s. 26.

Change to a Type Design Approved in a Canadian Technical Standard Order (CAN-TSO) Design Approval

521.110 (1) The holder of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part who proposes to make a change to the appliance or part shall

(a) in the case of a change to the type design, apply for a new Canadian Technical Standard Order (CAN-TSO) design approval under section 521.103; and
(b) in any other case, establish procedures to ensure that the changed appliance or part continues to conform to its certification basis and make the change after the Minister accepts the procedures.

(2) An individual or organization, other than the holder of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part, who proposes to make a change or repair to the appliance or part shall make an application in respect of that appliance or part for the issuance of a Canadian Technical Standard Order (CAN-TSO) design approval, a supplemental type certificate, or a repair design approval.

SOR/2009-280, s. 26.

[521.111 to 521.150 reserved]
Division IV — Changes to a Type Design

Application

521.151 This Division applies

(a) in respect of the approval of a change to the type design of an aeronautical product; and
(b) to applicants for an approval of a change to the type design of an aeronautical product.

SOR/2009-280, s. 26.

Change to a Type Design

521.152 (1) Subject to section 521.153, no person shall undertake a change to the type design of an aeronautical product that has other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting its airworthiness or environmental characteristics except in accordance with sections 521.155 to 521.160.
(2) In any other case, no person shall undertake a change to the type design of an aeronautical product except in accordance with section 521.154.

SOR/2009-280, s. 26.

Change to a Type Design Requiring a New Type Certificate

521.153 An applicant for the approval of a change to the type design of an aeronautical product shall submit an application for a new type certificate under section 521.28 if the Minister determines that the change is so extensive in relation to the design, configuration, power or weight of the product — including, in the case of an engine, its power limitations — that a substantially complete investigation by the applicant is necessary to determine conformity with the applicable certification basis.
SOR/2009-280, s. 26.

Change Other than a Change to the Type Design

521.154 The holder of a design approval document who proposes to make a change to an aeronautical product, other than a change to the type design referred to in subsection 521.152(1), shall establish procedures to ensure that the changed aeronautical product continues to conform to its certification basis and make the change after the Minister accepts the procedures.
SOR/2009-280, s. 26.

Application for Approval of a Change to the Type Design

521.155 An applicant for the approval of a change to the type design of an aeronautical product shall submit to the Minister

(a) an application that contains the information specified on the form published by the Minister entitled Design Change Approval Application;

(b) a description of the change to the type design that identifies

(i) all parts of the type design, including all parts of the approved manuals, that are affected by the change, and
(ii) any re-investigations necessary to demonstrate the continued conformity of the aeronautical product with the applicable certification basis, by listing the standards of airworthiness that must be met and the means to be used to demonstrate conformity;

(c) a proposed certification basis; and

(d) a certification plan that identifies

(i) the means to be used to demonstrate that the change to the type design of the aeronautical product conforms to the applicable certification basis,
(ii) the documentation that demonstrates that the change to the type design of the aeronautical product conforms to the applicable certification basis, and
(iii) the resources necessary for carrying out the demonstration of conformity referred to in subparagraph (i), and
(iv) the schedule for carrying out the demonstration of conformity referred to in subparagraph (i).

SOR/2009-280, s. 26.

Effective Period of an Application

521.156 (1) Unless an applicant demonstrates, at the time of submitting an application for the approval of a change to the type design of an aeronautical product, that a longer period is required for the design, development and testing of the product, and for that reason the Minister approves a longer period, the application is effective during one of the following periods, beginning on the date of the application:

(a) five years, in the case of a transport category aeroplane or a transport category rotorcraft; or

(b) three years, in the case of

(i) an aircraft other than an aircraft referred to in paragraph (a),
(ii) an aircraft engine, or
(iii) an aircraft propeller.

(2) If a change to the type design of an aeronautical product is not approved within the applicable effective period referred to in subsection (1), the applicant may

(a) submit a new application for the approval of a change to the type design of the aeronautical product; or
(b) apply for an extension of the effective period of the original application.

(3) If the effective period of an application for the approval of a change to the type design of an aeronautical product is extended under paragraph (2)(b), the standards of airworthiness applicable to the change are those in force on the date that precedes, by one of the periods referred to in subsection (1), the date of the approval of the change to the type design.

SOR/2009-280, s. 26.

Certification Basis

521.157 The Minister shall establish, in respect of a change to the type design of an aeronautical product, a certification basis consisting of the applicable standards referred to in sections 521.158 and 521.159.
SOR/2009-280, s. 26.

Standards of Airworthiness

521.158 (1) Subject to subsections (2) to (9), an applicant for the approval of a change to the type design of an aeronautical product shall demonstrate that the product meets the standards of airworthiness recorded in the type certificate data sheets and in force on the date of the application for the change.
(2) The certification basis for the issuance of a repair design approval or a part design approval is that recorded in the type certificate data sheets, and includes any special conditions referred to in subsection (7).

(3) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) if the Minister determines that the change is not significant in the context of all previous relevant design changes and of all related amendments to the applicable standards recorded in the type certificate data sheets. The change is significant if

(a) the general configuration or principles of construction are not retained; or
(b) the assumptions used in obtaining the type certificate for the aeronautical product do not remain valid.

(4) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) in respect of an area, system, component, item of equipment or appliance if the Minister determines that the area, system, component, item of equipment or appliance

(a) is not affected by the change; or
(b) is affected by the change, but conformity with a standard referred to in subsection (1) would not contribute materially to the level of safety or would not be practical.

(5) In respect of an area, system, component, item of equipment or appliance that is affected by a change, a standard referred to in subsection (3) or (4) may not predate a standard that is recorded in the type certificate data sheets or

(a) in the case of a normal, utility, aerobatic and commuter category aeroplane, the standards set out in section 523.2 of Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes of the Airworthiness Manual;
(b) in the case of a transport category aeroplane, the standards set out in section 525.2 of Chapter 525 — Transport Category Aeroplanes of the Airworthiness Manual;
(c) in the case of a normal category rotorcraft, the standards set out in section 527.2 of Chapter 527 — Normal Category Rotorcraft of the Airworthiness Manual; and
(d) in the case of a transport category rotorcraft, the standards set out in section 529.2 of Chapter 529 — Transport Category Rotorcraft of the Airworthiness Manual.

(6) The standards of airworthiness that apply in respect of a change to the type design of an aircraft, other than a rotorcraft, having a MCTOW of 2 720 kg (6,000 pounds) or less, or of a non-turbine rotorcraft having a MCTOW of 1 360 kg (3,000 pounds) or less, are those recorded in the type certificate data sheets, unless the Minister determines that

(a) the change is significant and requires compliance with an amendment to the standards that are recorded in the type certificate data sheets and that apply in respect of the change and with any other standards that are directly related to the change; and
(b) compliance with the amendment referred to in paragraph (a) would contribute materially to the level of safety and would be practical.

(7) An applicant for the approval of a change to the type design of an aeronautical product having a novel or unusual design feature shall comply with any special conditions that are necessary to ensure that the change provides a level of safety equivalent to that provided by the applicable certification basis determined under subsections (1) to (6), (8) and (9).

(8) If a change is made to the type design of a restricted category aircraft, or if a change to the type design of an aircraft results in the aircraft being reclassified as a restricted category aircraft, that aircraft must meet

(a) the standards of airworthiness referred to in section 521.31 applicable to that category of aircraft that are in force on the date of the application for the change; or
(b) the standards of airworthiness recorded in the type certificate data sheets, or an earlier amendment to a standard referred to in paragraph (a), if the standards or the amendment provide a level of safety appropriate for the intended use of that aircraft.

(9) An applicant for the approval of a change to the type design of an aeronautical product may elect to include in the certification basis a later amendment to the standards of airworthiness specified in subsection (1), on the condition that the applicant comply with any other amendment that is directly related to those standards.

SOR/2009-280, s. 26.

Aircraft Emissions Standards

521.159 (1) Subject to subsection (2), an applicant for the approval of a change to the type design of an aeronautical product that results in a change in the noise levels of an aircraft shall demonstrate

(a) that the aircraft meets the noise standards specified in Subchapter A of Chapter 516 — Aircraft Emissions of the Airworthiness Manual; or
(b) that the aircraft continues to meet the noise standards that applied before the change was undertaken and that are recorded in the type certificate data sheets or in a document that has been accepted by the Minister as being equivalent to a type certificate for that aircraft.

(2) Subsection (1) does not apply in respect of

(a) a restricted category aircraft for use in agricultural operations or fire prevention and suppression;
(b) the installation or removal of floats or skis;
(c) the installation or removal of external equipment on a rotorcraft; or

(d) an aircraft whose certification basis does not contain noise standards, if the change to the type design does not involve

(i) a change in the number or type of propellers,
(ii) a change in the number of engines or in the principle of propulsion of the engines, or
(iii) in the case of a rotorcraft, a change in the number of rotors or in the principle of operation of the rotors.

(3) An applicant for the approval of a change to the type design of a turbine-powered aircraft shall demonstrate that the aircraft meets the standards respecting the prevention of intentional fuel venting specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual.
(4) An applicant for the approval of a change to the type design of an aircraft engine shall demonstrate that the aircraft engine meets the smoke and gaseous aircraft emissions standards specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual.

SOR/2009-280, s. 26.

Conformity with Certification Basis

521.160 (1) An applicant for the approval of a change to the type design of an aeronautical product shall

(a) demonstrate to the Minister that the product conforms to the certification basis established by the Minister under section 521.157 by conducting the inspections and tests referred to in section 521.44;
(b) submit to the Minister a declaration attesting to the demonstration of conformity of the product with its certification basis;
(c) make available to the Minister the means by which conformity is established;
(d) in the case of an aircraft, record the noise levels in its flight manual or in a supplement to that manual using the Guidelines for the Administration of Noise Certification Documentation set out in Attachment G of Annex 16, Volume I to the Convention;
(e) submit a signed undertaking to carry out the responsibilities specified in Division VIII; and
(f) submit to the Minister for approval any manual, instructions and limitations that are required by the certification basis established in respect of the product.

(2) An applicant for the approval of a change to the type design of an aeronautical product other than a restricted category aircraft shall demonstrate to the Minister that

(a) in the case of an aircraft, no feature or characteristic makes the aircraft unsafe, taking into account the category in which certification is requested; and
(b) the type design of the product provides a level of safety at least equivalent to that provided by the certification basis that applied before the change was undertaken.

(3) An applicant for the approval of a change to the type design of a restricted category aircraft shall demonstrate to the Minister that

(a) no feature or characteristic makes the aircraft unsafe when that aircraft is operated within the limitations specified for its intended use; and
(b) the aircraft has a type design that conforms to its certification basis.

SOR/2009-280, s. 26.

Issuance of Approval of a Change to the Type Design

521.161 Subject to section 6.71 of the Act, the Minister shall approve a change to the type design of an aeronautical product if the applicant meets the requirements set out in section 521.160.
SOR/2009-280, s. 26.

[521.162 to 521.200 reserved]
Division V — Supplemental Type Certificates

Application

521.201 This Division applies

(a) in respect of the issuance of a supplemental type certificate as a result of a change to the type design of an aeronautical product; and
(b) to applicants for and holders of a supplemental type certificate in respect of an aeronautical product.

SOR/2009-280, s. 26.

Eligibility Requirements

521.202 An applicant for a supplemental type certificate in respect of a change to the type design of an aeronautical product shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the aeronautical product with its certification basis.
SOR/2009-280, s. 26.

Application for a Supplemental Type Certificate

521.203 Subject to section 521.153, an applicant for a supplemental type certificate in respect of a change to the type design of an aeronautical product for which the Minister has issued or accepted a type certificate shall submit an application to the Minister as specified in section 521.155.
SOR/2009-280, s. 26.

Certification Basis

521.204 The Minister shall establish, in respect of a change to the type design of an aeronautical product, a certification basis consisting of the applicable standards referred to in section 521.157.
SOR/2009-280, s. 26.

Conformity with Certification Basis

521.205 An applicant for a supplemental type certificate in respect of a change to the type design of an aeronautical product shall comply with the requirements set out in section 521.160 within the effective period referred to in section 521.156.
SOR/2009-280, s. 26.

Issuance of a Supplemental Type Certificate

521.206 Subject to section 6.71 of the Act, the Minister shall issue a supplemental type certificate in respect of a change to the type design of an aeronautical product if the applicant complies with the requirements set out in section 521.205.
SOR/2009-280, s. 26.

Change to a Type Design Approved in a Supplemental Type Certificate

521.207 The holder of a supplemental type certificate in respect of an aeronautical product who proposes to make a change to the type design approved in the supplemental type certificate shall comply with the requirements set out in section 521.152.
SOR/2009-280, s. 26.

[521.208 to 521.250 reserved]
Division VI — Repair Design Approvals

Application

521.251 This Division applies

(a) in respect of the issuance of a repair design approval as a result of a repair to an aeronautical product; and
(b) to applicants for and holders of a repair design approval in respect of an aeronautical product.

SOR/2009-280, s. 26.

Eligibility Requirements

521.252 An applicant for a repair design approval in respect of an aeronautical product shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the aeronautical product with its certification basis.
SOR/2009-280, s. 26.

Application for a Repair Design Approval

521.253 An applicant for a repair design approval in respect of an aeronautical product shall submit an application to the Minister as specified in section 521.155 if the repair is in respect of

(a) an aeronautical product for which the Minister has issued or accepted a type certificate; or
(b) an aircraft registered in a foreign state, or an aeronautical product intended for installation on an aircraft registered in a foreign state, with which Canada has an airworthiness agreement or similar arrangement in respect of the acceptance of the technical data used to repair the aeronautical product.

SOR/2009-280, s. 26.

Certification Basis

521.254 The Minister shall establish a certification basis, in respect of a repair design approval for an aeronautical product, consisting of the applicable standards referred to in section 521.157.
SOR/2009-280, s. 26.

Conformity with Certification Basis

521.255 An applicant for a repair design approval in respect of an aeronautical product shall comply with the requirements set out in section 521.160 within the effective period referred to in section 521.156.
SOR/2009-280, s. 26.

Issuance of a Repair Design Approval

521.256 Subject to section 6.71 of the Act, the Minister shall issue a repair design approval in respect of an aeronautical product if the applicant complies with the requirements set out in section 521.255.
SOR/2009-280, s. 26.

Change to a Repair Design Approved in a Repair Design Approval

521.257 The holder of a repair design approval in respect of an aeronautical product who proposes to make a change to the repair design approved in the repair design approval shall comply with the requirements set out in section 521.152.
SOR/2009-280, s. 26.

[521.258 to 521.300 reserved]
Division VII — Part Design Approvals

Application

521.301 This Division applies

(a) in respect of the issuance of a part design approval for a replacement part that is intended to be installed on an aeronautical product; and
(b) to applicants for and holders of a part design approval in respect of a replacement part.

SOR/2009-280, s. 26.

Eligibility Requirements

521.302 An applicant for a part design approval in respect of a replacement part shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the replacement part with its certification basis.
SOR/2009-280, s. 26.

Application for a Part Design Approval

521.303 (1) An applicant for a part design approval in respect of a replacement part for an aeronautical product for which the Minister has issued or accepted a type certificate shall submit an application to the Minister as specified in section 521.155.

(2) A part design approval shall not be issued if the replacement part

(a) is subject to an airworthiness limitation;
(b) is a standard part or a commercial part;
(c) constitutes a change to the type design of the aeronautical product; or
(d) creates an airworthiness limitation.

SOR/2009-280, s. 26.

Certification Basis

521.304 The Minister shall establish, in respect of a part design approval for a replacement part, a certification basis consisting of the applicable standards referred to in section 521.157.
SOR/2009-280, s. 26.

Conformity with Certification Basis

521.305 An applicant for a part design approval in respect of a replacement part shall comply with the requirements set out in section 521.160 within the effective period referred to in section 521.156.
SOR/2009-280, s. 26.

Issuance of a Part Design Approval

521.306 Subject to section 6.71 of the Act, the Minister shall issue a part design approval in respect of a replacement part if the applicant complies with the requirements set out in section 521.305.
SOR/2009-280, s. 26.

Change to a Part Design Approved in a Part Design Approval

521.307 The holder of a part design approval in respect of a replacement part who proposes to make a change to the part design approved in the part design approval shall comply with

(a) in the case of a change to the type design, the requirements set out in Division V; and
(b) in any other case, the requirements set out in section 521.154.

SOR/2009-280, s. 26.

[521.308 to 521.350 reserved]
Division VIII — Responsibilities of a Design Approval Document Holder

Application

521.351 This Division applies to holders of a design approval document.
SOR/2009-280, s. 26.

Technical Capability

521.352 The holder of a design approval document in respect of an aeronautical product shall have, or have access to, the technical capability

(a) to conduct design analyses and tests in order to develop the data required to maintain the aeronautical product in an airworthy condition; and
(b) to carry out the responsibilities specified this Division.

SOR/2009-280, s. 26.

Service Difficulty Reporting

521.353 The holder of a design approval document in respect of an aeronautical product shall report to the Minister, in accordance with Division IX, any reportable service difficulty related to the aeronautical product.
SOR/2009-280, s. 26.

Establishing a Service Difficulty Reporting System

521.354 The holder of a design approval document in respect of an aeronautical product shall establish and maintain a service difficulty reporting system for the purpose of receiving, recording, analyzing and investigating reports and information concerning a reportable service difficulty related to the aeronautical product.
SOR/2009-280, s. 26.

Investigation of Service Difficulty Reports

521.355 (1) When the holder of a design approval document in respect of an aeronautical product receives notice that a service difficulty report has been submitted to the Transport Canada web service difficulty reporting system in relation to the aeronautical product, the holder shall

(a) investigate the service difficulty and, if it results from a deficiency in the aeronautical product, develop a corrective action to rectify the deficiency; and
(b) report to the Minister the progress of the investigation and any proposed corrective action.

(2) Subject to section 521.356, if the Minister determines that a corrective action is required to rectify the deficiency, the holder of the design approval document in respect of the aeronautical product shall

(a) submit the technical data in support of the proposed corrective action to the Minister; and
(b) undertake any corrective action that the Minister determines is necessary to rectify the deficiency.

SOR/2009-280, s. 26.

Mandatory Changes

521.356 If the Minister determines that a corrective action is required to rectify an unsafe condition in an aeronautical product, the holder of the design approval document in respect of the aeronautical product shall

(a) submit to the Minister for approval the corrective action required to rectify the unsafe condition; and
(b) on approval of the corrective action, make available to each owner and each operator of the aeronautical product the information needed to rectify the unsafe condition.

SOR/2009-280, s. 26.

Transfer

521.357 (1) Subject to subsection (2), the Minister shall approve the transfer of a design approval document in respect of an aeronautical product from the holder of the design approval document to a transferee if

(a) the holder

(i) notifies the Minister in writing of the intention to transfer the design approval document,
(ii) provides the Minister with the legal name, address and telephone number of the transferee,
(iii) provides the Minister with the number of the design approval document, the legal name of the manufacturer and the model designation of the aeronautical product that is the subject of the transfer,
(iv) returns to the Minister the original design approval document signed by the holder, and
(v) provides the transferee with the type design of the aeronautical product that is the subject of the transfer and the records specified in paragraph 521.365(a); and

(b) the transferee

(i) applies for the issuance of an amended design approval document,
(ii) complies with the requirements set out in section 521.352, and
(iii) submits a signed undertaking to carry out the responsibilities specified in this Division.

(2) If the transfer involves a foreign state, the holder of the design approval document and the transferee shall comply with the provisions of any airworthiness agreement or similar arrangement that exists between Canada and the foreign state involved in the transfer.

SOR/2009-280, s. 26.

[521.358 to 521.364 reserved]
Record Keeping

521.365 The holder of a design approval document in respect of an aeronautical product shall

(a) establish and maintain a system for recording

(i) the type design of the aeronautical product,
(ii) the analyses, tests and inspections that were conducted to demonstrate the conformity of the aeronautical product with its certification basis,
(iii) the certification plan and record and the declaration attesting to the demonstration of conformity of the aeronautical product with its certification basis,
(iv) the data developed by the holder and required to maintain the aeronautical product in an airworthy condition, and
(v) the distribution or initial sale of the aeronautical product;

(b) at the request of the Minister, make available to the Minister the design approval document, the type design and any of the information recorded under paragraph (a); and
(c) notify the Minister in writing if the holder no longer intends to make the records specified in paragraph (a) available for the purpose of manufacture, modification, repair or installation of the aeronautical product or for maintaining the airworthiness of the aeronautical product.

SOR/2009-280, s. 26.

Loss or Disposal of Records

521.366 (1) No person shall dispose of or destroy the records containing the information recorded under paragraph 521.365(a) without the written authorization of the Minister.
(2) The holder of a design approval document in respect of an aeronautical product shall notify the Minister in writing if the records containing the information recorded under paragraph 521.365(a) are lost or destroyed.

SOR/2009-280, s. 26.

Manuals

521.367 (1) The holder of a design approval document in respect of an aeronautical product shall develop and maintain the manuals and their supplements that are required by the certification basis of the aeronautical product and are required to support the operation of the product in service, including

(a) an installation manual;
(b) an operating manual;
(c) a maintenance manual;
(d) an overhaul manual;
(e) servicing instructions;
(f) instructions for continued airworthiness;
(g) an illustrated parts manual; and
(h) service bulletins or equivalent documents.

(2) The holder of a design approval document other than a Canadian Technical Standard Order (CAN-TSO) Design Approval in respect of an appliance or a part shall develop and maintain the manuals and their supplements that are required by the certification basis of the aeronautical product and are required to support the operation of the product in service, including

(a) an aircraft flight manual;
(b) a structural repair manual;
(c) supplemental integrity instructions;
(d) a master minimum equipment list; and
(e) a maintenance review board report.

(3) The holder of a design approval document in respect of an aeronautical product shall, on request, provide the Minister with up to six copies of the manuals and their supplements referred to in subsections (1) and (2), at no cost, in a format agreed to by the Minister.

SOR/2009-280, s. 26.

Instructions for Continued Airworthiness

521.368 If the certification basis of an aeronautical product requires that instructions for continued airworthiness be developed, the holder of a design approval document in respect of the aeronautical product shall

(a) provide the instructions for continued airworthiness

(i) in the case of an aeronautical product other than an aircraft, to each owner of the aeronautical product on the date of its delivery, and
(ii) in the case of an aircraft, to each owner of the aeronautical product on the later of the date of its delivery and the date of the issuance of its first certificate of airworthiness;

(b) provide any change to the instructions for continued airworthiness

(i) in the case of an aeronautical product other than an aircraft, to each of its owners, and
(ii) in the case of an aircraft, to each of its operators;

(c) make available to any person referred to in subsection 571.02(1) the instructions for continued airworthiness and any changes to those instructions; and
(d) submit to the Minister a plan that identifies how changes to the instructions for continued airworthiness will be made available and distributed to any person referred to in paragraph (a), (b) or (c).

SOR/2009-280, s. 26.

Supplemental Integrity Instructions

521.369 (1) This section applies in respect of an aeroplane for which a type certificate has been issued and that is

(a) a commuter category aeroplane operated under Subpart 4 of Part VII; or
(b) a transport category aeroplane operated under Subpart 4 or 5 of Part VII.

(2) Before an aeroplane referred to in subsection (1) meets the applicable in-service criterion specified in subsection (3), the holder of the type certificate in respect of the aeroplane shall

(a) develop supplemental integrity instructions in accordance with subsection (4) and submit them to the Minister for approval in accordance with subsection (5); and
(b) on their approval, make the supplemental integrity instructions available to each owner and each operator of an aeroplane of that type.

(3) The in-service criterion that determines whether supplemental integrity instructions are required in respect of the aeroplane is that

(a) the aeroplane reaches the design life goal — which is the expected period of operational service of the aeroplane — as established by the type certificate holder, and a corrosion protection and control program is in place; or

(b) the aeroplane completes 20 years of service and

(i) no corrosion protection and control program is in place, or
(ii) no design life goal has been established.

(4) The supplemental integrity instructions required under subsection (2) shall

(a) specify a method for maintaining the conformity of the aeroplane with its certification basis;
(b) incorporate any recommendation resulting from a detailed engineering assessment of the primary airframe structure of the aeroplane and from the service history of that aeroplane;
(c) identify, for periodic review, all principal structural elements whose failure could result in the loss of the aeroplane or significantly reduce the overall structural strength of its airframe;

(d) contain a supplemental structural integrity document that consists of

(i) a description of each principal structural element that has been selected for supplementary inspection, modification or replacement, and its structural location, component or damage site,
(ii) a description of the type of damage expected — such as fatigue, corrosion, delamination, disbondment, accidental damage or multiple-site damage — for each structural location identified, and
(iii) a reference to any existing maintenance manual or service bulletin intended for the aeroplane;

(e) recommend, for each principal structural element that has been selected for supplementary inspection under paragraph (d),

(i) an initial or threshold inspection and the intervals for repeat inspections, and
(ii) inspection methods and inspection procedures appropriate for the type of damage referred to in subparagraph (d)(ii), including any alternatives to the intervals for inspections and to the methods and procedures used;

(f) specify any modifications, replacements or corrosion control measures, optional or mandatory, that could change or terminate the inspection requirements set out in paragraph (e); and
(g) provide guidance for reporting to the Minister the findings from any inspection conducted using the supplemental structural integrity document.

(5) The Minister shall approve the supplemental integrity instructions submitted in respect of an aeroplane if the Minister determines that the instructions provide a level of safety equivalent to that provided by the standards of airworthiness in force at the time the type certificate was issued in respect of the aeroplane.

(6) The holder of a type certificate in respect of an aeroplane who proposes to make a change to the supplemental integrity instructions for the aeroplane shall

(a) submit the change to the Minister for approval; and
(b) on approval of the change, make the changed instructions available to each owner and each operator of an aeroplane of that type.

SOR/2009-280, s. 26.

[521.370 to 521.400 reserved]
Division IX — Service Difficulty Reporting

Form and Submission

521.401 (1) A person who is required to report a service difficulty shall submit to the Minister, for each reportable service difficulty, a separate service difficulty report that contains the information specified in the form published by the Minister entitled Service Difficulty Report.

(2) A service difficulty report shall be submitted

(a) by electronic means, such as the Transport Canada web service difficulty reporting system; or
(b) by mail or courier.

SOR/2009-280, s. 26.

Time Limits

521.402 (1) Subject to subsection (2), a person who is required to report a service difficulty shall submit a service difficulty report to the Minister within three working days after the day on which the reportable service difficulty is discovered.

(2) If all of the information required under subsection 521.401(1) is not available within the period specified in subsection (1), an interim service difficulty report containing the following elements may be submitted to the Minister in a manner specified in subsection 521.401(2) within three working days after the day on which the reportable service difficulty is discovered:

(a) the aircraft registration, if applicable;
(b) the date of the occurrence of the reportable service difficulty;
(c) a description of the reportable service difficulty; and
(d) the name, mailing address, and telephone and fax numbers of the person submitting the report.

(3) The person submitting the interim service difficulty report shall submit a complete service difficulty report that complies with the requirements set out in subsection 521.401(1) within 14 days after the day on which the reportable service difficulty is discovered.

SOR/2009-280, s. 26.

Service Difficulty Report Not Required

521.403 A service difficulty report is not required for a reportable service difficulty that has been reported by another person or organization.
SOR/2009-280, s. 26.

[521.404 to 521.425 reserved]
Division X — Airworthiness Directives

Application

521.426 This Division applies in respect of aeronautical products for which a design approval document has been issued or accepted by the Minister.
SOR/2009-280, s. 26.

Conditions for Issuance

521.427 (1) The Minister shall issue an airworthiness directive in respect of an aeronautical product if

(a) an unsafe condition exists in the aeronautical product and the condition is likely to exist or develop in other aeronautical products;
(b) it is necessary to modify or cancel the requirements of an airworthiness directive issued by the foreign airworthiness authority having jurisdiction over the type design of the aeronautical product because the Minister considers the airworthiness directive inappropriate for reasons related to the environment, safety, the delayed receipt of an instruction issued by the foreign airworthiness authority or reliance on foreign legislation; or
(c) it is necessary to modify or cancel a Canadian airworthiness directive that is in force, because a condition for issuance referred to in paragraph (a) or (b) has changed or ceased to exist.

(2) The airworthiness directive shall

(a) identify the unsafe condition;
(b) identify the affected aeronautical products;
(c) specify the corrective actions required;
(d) specify the schedule for completion of the required corrective actions; and
(e) specify its effective date.

(3) This section does not apply if the unsafe condition referred to in paragraph 521.427(1)(a) is rectified by a corrective action taken under section 521.356.

SOR/2009-280, s. 26.

Distribution

521.428 The Minister shall distribute an airworthiness directive to

(a) the registered owner of a Canadian aircraft affected by the airworthiness directive;
(b) the manufacturer of an aeronautical product and the holder of the design approval document in respect of the aeronautical product; and
(c) the airworthiness authority of all known states of registry of the aircraft.

SOR/2009-280, s. 26.

[521.429 to 521.450 reserved]
Division XI — Foreign Aeronautical Products

Application

521.451 This Division applies

(a) in respect of the issuance of a design approval document for a foreign aeronautical product; and
(b) to applicants for and holders of a design approval document in respect of a foreign aeronautical product.

SOR/2009-280, s. 26.

Eligibility Requirements

521.452 An applicant for a design approval document in respect of a foreign aeronautical product shall demonstrate to the Minister that the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product has issued or will issue a document equivalent to a design approval document in respect of that foreign aeronautical product.
SOR/2009-280, s. 26.

Application for a Design Approval Document

521.453 (1) Subject to subsection (2), an applicant for a design approval document in respect of a foreign aeronautical product shall submit an application to the Minister as specified in

(a) section 521.28, in the case of a type certificate;
(b) section 521.103, in the case of a Canadian Technical Standard Order (CAN-TSO) design approval;
(c) section 521.203, in the case of a supplemental type certificate;
(d) section 521.253, in the case of a repair design approval; and
(e) section 521.303, in the case of a part design approval.

(2) An applicant for a design approval document in respect of a foreign aeronautical product shall submit an application in accordance with the provisions of any airworthiness agreement or similar arrangement that exists between Canada and the state of design of the foreign aeronautical product.

SOR/2009-280, s. 26.

Exceptions

521.454 Paragraphs 521.44(a) and (b), section 521.47 and paragraph 521.108(a) do not apply in respect of a foreign aeronautical product.
SOR/2009-280, s. 26.

Issuance of a Design Approval Document

521.455 (1) Subject to subsection (2), if the foreign airworthiness authority having jurisdiction over the type design of a foreign aeronautical product has issued or will issue a document equivalent to a design approval document in respect of the foreign aeronautical product, the Minister shall issue a design approval document if the applicant

(a) complies with the requirements set out in the division applicable to the design approval document that is the subject of the application; and

(b) demonstrates that the foreign aeronautical product conforms to the standards of airworthiness and the aircraft emissions standards referred to in the division applicable to the design approval document that is the subject of the application and that

(i) are in force on the date on which the application for the document equivalent to the design approval document was submitted to the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product, or
(ii) are recorded by the foreign airworthiness authority in the type certificate data sheets in respect of that foreign aeronautical product.

(2) If the airworthiness authority of a foreign state has entered into an airworthiness agreement or similar arrangement with Canada, the Minister shall conduct a type design examination of the foreign aeronautical product that is the subject of the application to determine if the type design of that foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart.
(3) If the Minister determines that the type design of the foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart, the Minister shall, in accordance with the provisions of the airworthiness agreement or similar arrangement referred to in subsection (2), issue a design approval document or accept the design approval document issued by the foreign airworthiness authority in respect of the foreign aeronautical product.

SOR/2009-280, s. 26.

Changes to a Type Design

521.456 (1) If the holder of a design approval document issued under section 521.455 makes a change to the type design of a foreign aeronautical product that alters a condition or limitation prescribed for the foreign aeronautical product by the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product, the change shall be approved by that airworthiness authority and is subject to a type design examination by the Minister.
(2) If the Minister determines that the change to the type design of the foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart, the Minister shall, in accordance with the provisions of the airworthiness agreement or similar arrangement referred to in subsection 521.455(2), issue an amended design approval document or accept the design approval document issued by the foreign airworthiness authority in respect of the change to the type design of the foreign aeronautical product.

SOR/2009-280, s. 26.

SUBPART 22[Repealed, SOR/2009-280, s. 26]

522.01 [Repealed, SOR/2009-280, s. 26]
Previous Version

SUBPART 23[Repealed, SOR/2009-280, s. 26]

523.01 [Repealed, SOR/2009-280, s. 26]
Previous Version

SUBPART 25[Repealed, SOR/2009-280, s. 26]

525.01 [Repealed, SOR/2009-280, s. 26]
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SUBPART 27[Repealed, SOR/2009-280, s. 26]

527.01 [Repealed, SOR/2009-280, s. 26]
Previous Version

SUBPART 29[Repealed, SOR/2009-280, s. 26]

529.01 [Repealed, SOR/2009-280, s. 26]
Previous Version

SUBPART 31[Repealed, SOR/2009-280, s. 26]

531.01 [Repealed, SOR/2009-280, s. 26]
Previous Version

SUBPART 33[Repealed, SOR/2009-280, s. 26]

533.01 [Repealed, SOR/2009-280, s. 26]
Previous Version

SUBPART 35[Repealed, SOR/2009-280, s. 26]

535.01 [Repealed, SOR/2009-280, s. 26]
Previous Version

SUBPART 37[Repealed, SOR/2009-280, s. 26]

537.01 [Repealed, SOR/2009-280, s. 26]
Previous Version

SUBPART 41[Repealed, SOR/2009-280, s. 26]

541.01 [Repealed, SOR/2009-280, s. 26]
Previous Version

Subpart 49 — Amateur-Built Aircraft

Requirements

549.01 A person who intends to construct an aircraft and obtain, under paragraph 507.03(b), a special certificate of airworthiness in the amateur-built category in respect of the aircraft must

(a) before starting construction,

(i) inform the Minister of the intention to construct the aircraft,
(ii) show that the aircraft design meets the standards specified in Chapter 549 of the Airworthiness Manual, and
(iii) show that the major portion of the aircraft will be constructed from raw material and assembled on a non-commercial, non-production basis for educational or recreational purposes; and

(b) during construction and again before the first flight, make the aircraft available to the Minister for inspection.

SOR/98-526, s. 3.

SUBPART 51[Repealed, SOR/2009-280, s. 27]

551.01 [Repealed, SOR/2009-280, s. 27]
Previous Version

Subpart 61 — Manufacture of Aeronautical Products

Interpretation

561.01 In this Subpart,

design approval
design approval means a type certificate, a supplemental type certificate, a part design approval, a Canadian Technical Standard Order (CAN-TSO) design approval or a document equivalent to any of those documents that is issued by the airworthiness authority of a foreign state; (approbation de conception)
manual
manual means the manual established under section 561.07; (manuel)
Standard 561
Standard 561 means Standard 561 — Standard for Approved Manufacturers. (norme 561)

SOR/2005-348, s. 4;
SOR/2009-280, s. 28.

Previous Version

Application

561.02 This Subpart applies in respect of the manufacture of an aeronautical product in respect of which a design approval has been issued but does not apply in respect of

(a) maintenance;
(b) the manufacture of standard parts;
(c) the manufacture of commercial parts; or
(d) the manufacture of parts during a repair or modification under subsection 571.06(4).

SOR/2005-348, s. 4.

Manufacturer Certificate — Application, Issuance and Amendment

561.03 (1) An applicant for the issuance or amendment of a manufacturer certificate respecting an aeronautical product shall submit an application to the Minister that includes the documents specified in section 561.03 of Standard 561.

(2) An applicant for the issuance or amendment of a manufacturer certificate respecting an aeronautical product shall

(a) be the holder of, or applicant for, a design approval for that aeronautical product; or
(b) have written authorization from the holder of a design approval to manufacture that aeronautical product.

(3) An applicant for the issuance or amendment of a manufacturer certificate respecting an aeronautical product shall demonstrate that they have access to all present and future design data, process specifications and other related information necessary for the continuing airworthiness of the aeronautical product.
(4) The Minister shall issue or amend a manufacturer certificate authorizing an applicant to manufacture the aeronautical products set out in the manufacturer certificate if the applicant meets the requirements of this Subpart.

(5) A manufacturer certificate may authorize the manufacture of a limited number of an aeronautical product where

(a) an applicant has made an application for a design approval for that aeronautical product but it has not yet been issued; or
(b) an applicant is about to enter into a license agreement with the holder of the design approval for that aeronautical product.

(6) Unless an expiry date is specified in the manufacturer certificate issued under subsection (4), the certificate shall remain in effect until it is surrendered by the manufacturer or suspended or cancelled.
(7) A manufacturer certificate is not transferable.
(8) Except as provided in section 561.06, the final assembly facilities for an aeronautical product specified in a manufacturer certificate shall be located in Canada.

SOR/2005-348, s. 4.

Management Personnel

561.04 (1) The holder of a manufacturer certificate shall

(a) appoint a person to be responsible for all the activities performed under this Subpart and specified in the manual;
(b) ensure that the person appointed has acquired experience in the areas of responsibility set out in subsection 561.04(1) of Standard 561; and
(c) ensure that the person appointed demonstrates to the Minister, within 30 days after their appointment, knowledge of the topics set out in subsection 561.04(2) of Standard 561.

(2) The Minister shall conduct an interview, in accordance with subsection 561.04(3) of Standard 561, to assess the appointed person’s knowledge of the topics referred to in paragraph (1)(c).
(3) The Minister shall notify the person appointed of the results of the assessment and, if applicable, identify any deficiencies in their knowledge of the topics within ten days after the interview.
(4) A person who, at the time this section comes into force, is already performing the functions referred to in paragraph (1)(a) may be appointed under that paragraph without meeting the requirements of paragraphs (1)(b) and (c).
(5) The holder of a manufacturer certificate shall provide the person appointed with the authority and the financial and human resources necessary to ensure that the requirements of this Subpart are met.
(6) The person appointed may assign responsibility for the management of specific activities, systems or programs required by this Subpart to other persons, provided that the assignments and the scope of the assigned responsibilities are specified in the manual.

(7) The holder of a manufacturer certificate shall ensure that no person is appointed under paragraph (1)(a) or remains responsible for the activities referred to in that paragraph if, at the time of their appointment or during their tenure, they have a record of conviction for

(a) an offence under section 7.3 of the Act; or
(b) two or more offences in respect of section 561.10 of these Regulations, not arising from a single occurrence.

SOR/2005-348, s. 4.

Resources

561.05 The holder of a manufacturer certificate shall have, and ensure that any supplier referred to in section 561.13 has, the financial and human resources necessary for the manufacture and inspection of any aeronautical product specified in the manufacturer certificate, including those specified in section 561.05 of Standard 561.
SOR/2005-348, s. 4.

Facilities Located in a Foreign State

561.06 If an arrangement exists between Canada and a foreign state concerning the manufacture of an aeronautical product, the holder of a manufacturer certificate may be authorized to perform their activities under the certificate in facilities located in that foreign state if the holder

(a) submits a written application to that effect to the Minister;
(b) gives, by a written agreement, an undertaking to the Minister to ensure that the Minister has access to those facilities to verify that the performance of the activities complies with the requirements of the Act and these Regulations, as if those facilities were located in Canada; and
(c) undertakes to pay the expenses referred to in paragraphs 104.04(1)(a) and (b) incurred by the Department of Transport under paragraph (b).

SOR/2005-348, s. 4.

Manual

561.07 (1) The holder of a manufacturer certificate shall establish, maintain and require the use of a manual that must include the information set out in section 561.07 of Standard 561 and that sets out policies and procedures respecting the construction and inspection of the aeronautical products specified in the manufacturer certificate.
(2) Subject to subsection (4), the person appointed under paragraph 561.04(1)(a) shall ensure that any person who performs work under a manufacturer certificate complies with the manual.
(3) Subject to subsection (4), any person who performs work under a manufacturer certificate shall comply with the manual.

(4) Subject to the following conditions, the holder of a manufacturer certificate and any person who performs work under a manufacturer certificate may temporarily be authorized to use alternative policies and procedures to comply with subsections (2) and (3):

(a) they have determined that, as a result of unforeseen or temporary circumstances, compliance with the manual would be impossible or unreasonable;
(b) they believe on reasonable grounds that the safety of the aeronautical product can be achieved by complying with the alternative policies and procedures;
(c) they have notified the Minister in writing; and
(d) the Minister has notified them in writing that they can use those alternative policies and procedures.

(5) The holder of a manufacturer certificate shall submit the manual and any subsequent amendment to the Minister for approval.
(6) The Minister shall approve the manual and any subsequent amendment if they meet the requirements of this Subpart and Standard 561.

(7) If the manual no longer meets the requirements of this Subpart or Standard 561, the holder of a manufacturer certificate shall

(a) submit an amendment to the manual for the Minister’s approval; or
(b) amend the manual immediately if instructed to do so by the Minister.

(8) The person who has been assigned the responsibility under subsection 561.04(6) shall amend each copy of the manual within 30 days after receiving the Minister’s approval of an amendment to it.
(9) A manual may incorporate other documents by reference if it includes policies and procedures to control the incorporated material.
(10) The person appointed under paragraph 561.04(1)(a) shall ensure that any part of the manual or incorporated document that is relevant to the work to be performed is made available to each person who performs that work.

SOR/2005-348, s. 4;
SOR/2015-160, s. 25(F).

Previous Version

Production Control System

561.08 (1) The holder of a manufacturer certificate shall establish and maintain a production control system that consists of systems and procedures set out in section 561.08 of Standard 561 to ensure that aeronautical products comply with these Regulations throughout the manufacturing process.

(2) The production control system shall be under the control of

(a) the person appointed under paragraph 561.04(1)(a); or
(b) a person assigned the responsibility for the management of the production control system under subsection 561.04(6).

(3) The person referred to in subsection (2) who has control of the production control system shall ensure that the activities carried out under the manufacturer certificate for which they have been assigned responsibility are in compliance with this Subpart.

SOR/2005-348, s. 4.

Quality Assurance Program

561.09 (1) The holder of a manufacturer certificate shall, in order to ensure that all aspects of the activities carried out under the manufacturer certificate continue to comply with these Regulations, establish and maintain a quality assurance program, independent of the production control system, that

(a) is under the sole control of

(i) the person appointed under paragraph 561.04(1)(a), or
(ii) a person assigned the responsibility for the management of the quality assurance program under subsection 561.04(6); and

(b) meets the requirements specified in section 561.09 of Standard 561.

(2) The person referred to in paragraph (1)(a) shall ensure that records related to the findings from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the procedures specified in the manual.

(3) The person referred to in paragraph (1)(a) shall establish and maintain an audit system that consists of

(a) an initial audit, within 12 months after the day on which the manufacturer certificate is issued, that covers all aspects of the manufacturer’s activities;
(b) subsequent audits conducted at the intervals set out in the manual;
(c) a record of each occurrence of compliance or non-compliance found during an audit referred to in paragraph (a) or (b);
(d) procedures for ensuring that each finding of an audit is communicated to them;
(e) follow-up procedures for ensuring that corrective actions are effective; and
(f) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups.

(4) The records required under paragraph (3)(f) shall be retained for the greater of

(a) two audit cycles; and
(b) two years.

(5) The quality assurance program duties related to specific tasks or activities shall be performed by persons who are not responsible for and have not been involved in the performance of the tasks or activities being audited.

SOR/2005-348, s. 4.

Statement of Conformity

561.10 (1) No person shall sign a statement of conformity in respect of an aeronautical product unless

(a) the statement contains the elements referred to in section 561.10 of Standard 561;
(b) the person has been authorized to do so by the person in control of the production control system;
(c) the aeronautical product is specified in the manufacturer certificate; and
(d) the aeronautical product has been manufactured in accordance with this Subpart.

(2) No person shall authorize a person to sign, on behalf of the holder of a manufacturer certificate, a statement of conformity unless the person being authorized has complied with the policies and procedures set out in the manual and has successfully completed the training required under section 561.11.

SOR/2005-348, s. 4.

Training Program

561.11 The holder of a manufacturer certificate shall

(a) establish and maintain a training program that includes the initial training, updating and any other training set out in section 561.11 of Standard 561 to ensure continued qualification that is appropriate to the function to be performed or supervised; and
(b) ensure that persons who are authorized to perform or supervise the performance of any function required under this Subpart are trained in respect of the parts of the policies and procedures of the holder of the manufacturer certificate and the parts of these Regulations applicable to that function.

SOR/2005-348, s. 4.

Personnel Records

561.12 (1) The holder of a manufacturer certificate shall establish and maintain a personnel record for each employee of the manufacturer and retain each record for at least three years after the end of their employment.
(2) A personnel record may be in paper or electronic form and shall include all of the employee’s qualifications, all authorizations to sign a statement of conformity pursuant to section 561.10 and a description of the training referred to in section 561.11.
(3) The holder of a manufacturer certificate shall ensure that a copy of any record required by this section is provided to the employee referred to in the record on the completion of each training activity or the granting of an authorization to sign a statement of conformity under section 561.10.

SOR/2005-348, s. 4.

Control of Suppliers

561.13 (1) The holder of a manufacturer certificate who contracts work to a supplier shall ensure that

(a) a written agreement with the supplier specifies the work to be performed by the supplier and provides that the Minister may have access to and inspect the supplier’s facilities and records to ensure compliance with this Subpart;
(b) work is contracted only to suppliers that have been evaluated in accordance with the policies and procedures set out in the manual;
(c) work is done under the holder’s supervision and is subject to the quality assurance program set out in section 561.09;
(d) the supplier’s capability to perform the contracted work is evaluated and monitored; and
(e) the aeronautical product conforms to its approved design.

(2) If a supplier holds, in respect of an aeronautical product, a manufacturer certificate or an equivalent document issued by a foreign state with which Canada has an airworthiness agreement or similar arrangement, the issuance of the supplier’s own statement of conformity in respect of that product is considered as meeting the requirements of paragraphs (1)(c) to (e).
(3) No supplier who performs work for a holder of a manufacturer certificate under this Subpart shall subcontract the work to another supplier without having first obtained the written consent of the holder of a manufacturer certificate.

SOR/2005-348, s. 4.

Aeronautical Product Records

561.14 (1) The holder of a manufacturer certificate shall establish and maintain records for each aeronautical product manufactured under a manufacturer certificate, including those specified in section 561.14 of Standard 561.
(2) The holder of a manufacturer certificate shall ensure that product records are kept for at least three years after the day on which the statement of conformity was signed.

SOR/2005-348, s. 4.

Service Difficulty Reporting

561.15 The holder of a manufacturer certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to an aeronautical product being manufactured.

SOR/2005-348, s. 4;
SOR/2009-280, s. 29.

Previous Version

Cessation of Manufacturing

561.16 The holder of a manufacturer certificate shall notify the Minister in writing of the permanent cessation of the manufacture of an aeronautical product specified in the manufacturer certificate within 30 days after cessation.
SOR/2005-348, s. 4.

Subpart 71 — Aircraft Maintenance Requirements

Application

571.01 This Subpart applies, with the exception of ultra-light aeroplanes and hang gliders, in respect of the maintenance and elementary work performed on

(a) Canadian aircraft;
(b) foreign aircraft operated under Part IV or VII;
(c) foreign aircraft, other than aircraft referred to in paragraph (b), if the maintenance or elementary work is performed under the terms of an agreement or technical arrangement between Canada and the state of registry of the aircraft; and
(d) parts intended for installation on aircraft referred to in paragraphs (a) to (c).

SOR/2000-404, s. 3.

Maintenance and Elementary Work Performance Rules

[SOR/2000-404, s. 4]

571.02 (1) Subject to subsection (2), a person who performs maintenance or elementary work on an aeronautical product shall use the most recent methods, techniques, practices, parts, materials, tools, equipment and test apparatuses that are

(a) specified for the aeronautical product in the most recent maintenance manual or instructions for continued airworthiness developed by the manufacturer of that aeronautical product;
(b) equivalent to those specified by the manufacturer of that aeronautical product in the most recent maintenance manual or instructions for continued airworthiness; or
(c) in accordance with recognized industry practices at the time the maintenance or elementary work is performed.

(2) A person who performs maintenance or elementary work pursuant to subsection (1) shall ensure that any measuring device or test equipment used

(a) meets the specifications of the manufacturer of the aeronautical product with respect to accuracy, taking into account the intended use; and
(b) if calibration requirements are published by the manufacturer of the measuring device or test equipment, is calibrated by means traceable to a national standard.

(3) Except if the work is performed in respect of an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, no person shall supervise, or perform without supervision, an inspection using a method set out in column I of an item of Schedule I to this Subpart unless the person holds the personnel certification set out in column II of that item.

SOR/2002-112, s. 4;
SOR/2003-122, s. 1.

Recording of Maintenance and Elementary Work

571.03 A person who performs maintenance or elementary work on an aeronautical product shall ensure that

(a) the details required by Chapter 571 of the Airworthiness Manual are entered in the technical record for the aeronautical product, in respect of the task performed; and
(b) the technical record is accurate with respect to any outstanding elements of the work performed, in particular, the need to secure any fastening device that was disturbed to facilitate the work.

Specialized Maintenance

571.04 No person shall perform the specialized maintenance set out in Schedule II to this Subpart on an aeronautical product other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, except in accordance with

(a) a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 with a rating of a category appropriate to the work to be performed; or
(b) a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of a state that is party to an agreement with Canada, and the agreement provides for recognition of the work to be performed.

SOR/2002-112, s. 5.

Maintenance of Aircraft Operated under Part IV or VII

[SOR/2000-404, s. 5]
571.05 Except in the case of a balloon, no person shall perform maintenance on an aircraft operated under Part IV or VII, or install on one of the foregoing a part that has undergone maintenance, unless the maintenance on that aircraft or part has been performed in accordance with

(a) a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 with a rating of a category appropriate to the work to be performed; or
(b) a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of a state that is party to an agreement with Canada and the agreement provides for recognition of the work to be performed.

SOR/2000-404, s. 6.

Repairs and Modifications

571.06 (1) Except as provided in subsection (5) and in the case of aircraft that are operated under a special certificate of airworthiness in the owner-maintenance classification, a person who signs a maintenance release in respect of a major repair or major modification on an aeronautical product shall ensure that the major repair or major modification conforms to the requirements of the relevant technical data

(a) that have been approved or the use of which has been approved within the meaning of the term approved data in section 571.06 of the Airworthiness Manual; or
(b) that have been established within the meaning of the term specified data in section 571.06 of the Airworthiness Manual.

(2) Except as provided in subsection (5), a person who signs a maintenance release in respect of a repair or modification, other than a major repair or major modification, shall ensure that the repair or modification conforms to the requirements of the relevant technical data within the meaning of the term acceptable data in section 571.06 of the Airworthiness Manual.

(3) Where an additional flight authority has been issued pursuant to paragraph 507.08(1)(c) in respect of an aircraft, no person shall change the configuration of the aircraft in such a manner that the aircraft no longer meets the conditions subject to which the flight authority applicable to the aircraft prior to the modification was issued, unless

(a) the person makes an entry in the aircraft journey log required by section 605.94 indicating the flight authority that is in effect for the modified aircraft; or
(b) the change is made in accordance with technical dispatch procedures required by section 706.06.

(4) Repairing or modifying an aeronautical product may include the making of a part in conformity with the standards specified in section 571.06 of the Airworthiness Manual, if no part made is

(a) marked with the part number specified in the type design; or
(b) installed by a person or organization other than the person or organization that made the part.

(5) A person who signs a maintenance release in respect of a repair or modification performed on a foreign aeronautical product under the terms of an agreement or a technical arrangement between Canada and the aircraft’s state of registry shall ensure that the repair or modification conforms to the requirements of the relevant technical data that are specified in the agreement or technical arrangement.

SOR/2000-404, s. 7;
SOR/2002-112, s. 6;
SOR/2003-122, s. 2.

Installation of New Parts

571.07 (1) No person shall install a new part on an aeronautical product unless the part meets the standards of airworthiness applicable to the installation of new parts and, subject to subsections (2) and (3), has been certified under Subpart 61.

(2) No certification referred to in subsection (1) is required where

(a) a new part is a foreign-manufactured part that is certified pursuant to an agreement with Canada, which agreement provides for the acceptance of export airworthiness certification;
(b) a new part is a foreign-manufactured part that is obtained from a manufacturer holding a type design recognized in Canada and the part is certified in accordance with the laws of the state of manufacture;
(c) a new part, whose accompanying documentation has been verified, has been inspected in accordance with the requirements of Chapter 571 of the Airworthiness Manual;
(d) a new part is installed on an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification; or
(e) a part is made in accordance with subsection 571.06(4).

(3) No certification referred to in subsection (1) is required in respect of a new part that bears markings identifying it as a part specified in the type design and that

(a) is a standard part;
(b) is a commercial part; or
(c) is a part that was not originally designed and manufactured for aeronautical use but has been approved for use on the aeronautical product in the type design.
(d) [Repealed, SOR/2009-280, s. 30]

SOR/2002-112, s. 7;
SOR/2005-348, s. 5;
SOR/2009-280, s. 30.

Previous Version

Installation of Used Parts

571.08 (1) No person shall install a used part on an aeronautical product, other than aircraft that are operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, unless the part meets the standards of airworthiness that are applicable to the installation of used parts and are set out in Chapter 571 of the Airworthiness Manual and

(a) is an airworthy part that has been removed from an aircraft for immediate installation on another aircraft;
(b) is an airworthy part that has undergone maintenance for which a maintenance release has been signed pursuant to paragraph 571.11(2)(c); or
(c) has been inspected and tested to ensure that the part conforms to its type design and is in a safe condition, and a maintenance release has been signed to that effect.

(2) If, under the terms of a loan agreement or an air operator parts pooling agreement, a used part has been obtained from a source not subject to these Regulations, no person shall permit the part to remain in service for longer than 90 days unless specifically authorized by the Minister on receipt of documentation demonstrating that the part conforms to the applicable type design.

SOR/2002-112, s. 8.

Installation and Disposal of Life-limited Parts

[SOR/2002-112, s. 9]

571.09 (1) No person shall install a used life-limited part on an aeronautical product unless the part meets the standards of airworthiness applicable to the installation of life-limited parts and

(a) the technical history of the part within the meaning of section 571.09 of the Airworthiness Manual is available to show that the time in service authorized for that part in the type certificate governing the installation has not been exceeded; and
(b) the history referred to in paragraph (a) is incorporated into the technical record for the aeronautical product on which the part is installed.

(2) No person shall install a used life-limited part in a place other than that from which it was removed unless the part is installed

(a) in the same or in an identical position on another aeronautical product bearing the same part number as that from which the part was removed; or
(b) in conformity with the requirements in respect of technical data that have been approved or the use of which has been approved within the meaning of section 571.09 of the Airworthiness Manual.

(3) When a life-limited part has reached the time in service authorized in its type design, the part shall be

(a) rendered unusable; or
(b) identified as not airworthy and kept segregated from airworthy parts.

SOR/2002-112, s. 10.

Maintenance Release

571.10 (1) No person shall sign a maintenance release required pursuant to section 605.85 or permit anyone whom the person supervises to sign a maintenance release, unless the standards of airworthiness applicable to the maintenance performed and stated in Chapter 571 of the Airworthiness Manual have been complied with and the maintenance release meets the applicable requirements specified in section 571.10 of the Airworthiness Manual.

(2) Except as provided in subsection (4), a maintenance release shall include the following, or a similarly worded, statement:
“The described maintenance has been performed in accordance with the applicable airworthiness requirements.”

(3) No maintenance release is required in respect of any task designated as elementary work in the Aircraft Equipment and Maintenance Standards that is performed by

(a) in the case of a glider, a balloon or an unpressurized small aircraft that is powered by a piston engine and not operated pursuant to Part IV or VII, the pilot of the aircraft;
(b) in the case of an aircraft operated under Part IV or VII, a person who has been trained and authorized in accordance with the flight training unit’s or the air operator’s maintenance control manual (MCM), approved under Subpart 6 of Part IV or of Part VII, respectively; or
(c) in the case of an aircraft operated pursuant to Subpart 4 of Part VI, a person who has been trained in accordance with those sections of a private operator’s operations manual that contain details of the operator’s maintenance control system.

(4) Where a person signs a maintenance release in respect of maintenance performed on an aircraft, the satisfactory completion of which cannot be verified by inspection or testing of the aircraft on the ground, the maintenance release shall be made conditional on the satisfactory completion of a test flight carried out pursuant to subsections 605.85(2) and (3), by the inclusion of the phrase “subject to satisfactory test flight”.
(5) No person shall sign a maintenance release in respect of specialized maintenance unless the requirements of section 571.04 have been met.

SOR/2000-404, s. 8;
SOR/2003-154, s. 6(F).

Persons Who May Sign a Maintenance Release

571.11 (1) Except as provided in subsections (2) and (7), no person other than the holder of an aircraft maintenance engineer (AME) licence issued under Part IV, specifying a rating appropriate to the aeronautical product being maintained, shall sign a maintenance release as required by section 571.10.

(2) A person other than a person described in subsection (1) may sign a maintenance release if

(a) in the case of maintenance performed outside Canada,

(i) the person is authorized to sign under the laws of a state that is party to an agreement or a technical arrangement with Canada and the agreement or technical arrangement provides for such certification, or
(ii) if no agreement or technical arrangement provides for such certification, the person holds qualifications that the Minister determines to be equivalent to those of a person described in subsection (1);

(b) in the case of maintenance performed on an aircraft that is operated under a special certificate of airworthiness in the amateur-built classification, the person is an owner of the aircraft;
(c) in the case of maintenance performed on a part that is intended for installation on an aircraft, the person has been authorized to sign by the holder of an approved maintenance organization (AMO) certificate issued under section 573.02; and
(d) in the case of maintenance performed on an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance classification, the person is a licensed pilot and an owner of the aircraft.

(3) Except as provided in subsection (7), no person shall sign a maintenance release in respect of maintenance performed on an aircraft operated under Part IV or VII, or on parts intended to be installed on the aircraft, unless

(a) the person is authorized to sign in accordance with a maintenance policy manual (MPM) established by the holder of an AMO certificate issued under section 573.02 with a rating of a category appropriate to the work performed; or
(b) if the maintenance is performed outside Canada, the person is authorized to sign in accordance with a foreign document equivalent to an MPM, established by a maintenance organization approved under the laws of a state that is party to an agreement or technical arrangement with Canada and the agreement or technical arrangement provides for such certification.

(4) Except as provided in subsection (5), no person shall sign a maintenance release in respect of maintenance performed on a transport category aeroplane or a turbine-powered helicopter, unless the person

(a) has successfully completed a course of maintenance training that has been approved by the Minister and that is applicable to the type of aircraft, engine or system on which the maintenance is performed, in accordance with Appendix M of Chapter 571 of the Airworthiness Manual; or
(b) held a type rating applicable to the type of aircraft, engine or system on which the maintenance is performed, issued by the Minister before August 1, 1999.

(5) The holder of an applicable AME licence may sign a maintenance release in respect of maintenance performed on a transport category aeroplane or a turbine-powered helicopter that consists of any of the types of work set out in Schedule III without having successfully completed the course required by paragraph (4)(a) and without having held the type rating required by paragraph (4)(b).
(6) If a maintenance release is signed by a person in respect of work performed by another person, the person signing the maintenance release must personally observe the work to the extent necessary to ensure that it is performed in accordance with the requirements of any applicable standards of airworthiness and, specifically, the requirements of sections 571.02 and 571.10.
(7) A person who is not the holder of an AME licence specifying a rating appropriate to the aeronautical product being maintained may sign a maintenance release if the person holds a restricted certification authority issued in accordance with subsection (8), in respect of a particular case specified on the restricted certification authority.

(8) The Minister shall issue a restricted certification authority and specify therein its validity period and the scope of the work that may be performed, if

(a) an application is made in accordance with section 571.11 of the Airworthiness Manual;
(b) the applicant demonstrates to the Minister that there is no holder of an AME licence specifying a rating appropriate to the aeronautical product being maintained available within a geographical area accessible within one hour by surface transportation;
(c) the person to whom the restricted certification authority is to be issued has received the training and has the knowledge equivalent to that of a holder of an AME licence specifying a rating appropriate to the aeronautical product being maintained; and
(d) the level of aviation safety is not affected by the issuance of the restricted certification authority.

SOR/2000-404, s. 9;
SOR/2002-112, s.11.



Reporting Major Repairs and Major Modifications

571.12 A person who performs a major repair or major modification on an aeronautical product or installs on an aircraft a part that has undergone a major repair or major modification shall report the action to the Minister in accordance with the procedures specified in section 571.12 of the Airworthiness Manual.

Installation of Parts (General)

571.13 (1) Subject to sections 571.07 to 571.09, no person shall install a part on an aeronautical product unless the part is

(a) inspected and its accompanying documentation verified in accordance with a procedure that ensures that the part conforms to its type design, as is indicated by the maintenance release; and
(b) installed in accordance with the requirements of section 571.13 of the Airworthiness Manual.

(2) If a part is obtained from an aeronautical product that was damaged or permanently withdrawn from service, the part shall not be installed unless it

(a) can be traced to the manufacturer certificate holder; and
(b) is inspected in conformity with the instructions for continued airworthiness or, if the part has been repaired or modified, it can be ascertained that the work was performed in accordance with approved data within the meaning of section 571.06 of the Airworthiness Manual.

SOR/2002-112, s. 12.

SCHEDULE I(Subsection 571.02(3))

PERSONNEL CERTIFICATION FOR NON-DESTRUCTIVE TESTING (NDT)

Item
Column I
Column II

Method
Personnel Certification

1
NDT using liquid penetrant, magnetic particle, eddy current or ultrasonic methods, not performed pursuant to Appendix K of Chapter 571 of the Airworthiness Manual

Level 2 or Level 3 of the following standards: CAN/CGSB 48.9712-95, Level 2 or Level 3; MIL-Std-410; or Specification ATA 105

2
NDT using radiographic methods
Level 2 or Level 3 of the following standards: CAN/CGSB 48.9712-95 or MIL-Std-410; or Level 2 or Level 3 of the following specification: ATA 105

SOR/2000-404, s. 10.

SCHEDULE II(Section 571.04)Specialized Maintenance

The following tasks constitute the specialized maintenance referred to in section 571.04 of these Regulations.
Airframe

1

(1) The modification, repair or replacement by riveting, bonding or laminating, or the making of any of the following airframe parts is structural specialized maintenance:

(a) a box beam;
(b) a wing stringer or chord member;
(c) a spar;
(d) a spar flange;
(e) a member of a truss-type beam;
(f) the web of a beam;
(g) a keel or chine member of a flying boat hull or a float;
(h) a corrugated sheet compression member in a wing or tail surface;
(i) a wing main rib;
(j) a wing or tail surface brace strut;
(k) an engine mount;
(l) a fuselage longeron or frame;
(m) a member of a side truss, horizontal truss or bulkhead;
(n) a seat support brace or bracket, excluding the replacement of seat rails;
(o) a seat rail replacement for transport category aircraft;
(p) a landing gear strut or brace strut;
(q) an axle;
(r) a wheel; and
(s) a ski or ski pedestal, excluding the replacement of a low-friction coating.

(2) The modification or repair of any of the following parts of an airframe is structural specialized maintenance:

(a) aircraft skin, or the skin of an aircraft float, if the work requires the use of a support, jig or fixture;
(b) aircraft skin that is subject to pressurization loads, if the damage to the skin measures more than 15 cm (6 inches) in any direction;

(c) a load-bearing part of a control system, including a control column, pedal, shaft, quadrant, bellcrank, torque tube, control horn and forged or cast bracket, but excluding

(i) the swaging of a repair splice or cable fitting, and
(ii) the replacement of a push-pull tube end fitting that is attached by riveting; and

(d) any other structure that a manufacturer has identified as a primary structure in its maintenance manual, structural repair manual or any instructions for continuing airworthiness.

Engine

2 Any of the following types of tasks is engine specialized maintenance:

(a) the reassembly of a multi-part engine crankshaft or a crankshaft equipped with a dynamic counterweight system;
(b) the reassembly of the crankcase of a reciprocating engine that is equipped with an integral supercharger or a propeller reduction gear;
(c) the overhaul of a reciprocating engine that is equipped with an integral or turbo supercharger; and
(d) the overhaul of a turbine engine or turbine engine module.

Propeller

3 Any of the following types of propeller repair, if the work is beyond the limits recommended in the manufacturer’s maintenance manual or service instructions for service in the field is propeller specialized maintenance:

(a) the re-contouring, twisting, shortening or straightening of a propeller blade or the blending of damage thereto;
(b) the repair or machining of a propeller hub, excluding the removal of surface corrosion or application of a protective coating;
(c) the reinstallation of a metal leading edge sheath or tip of a wooden blade;
(d) the replacement of the outer protective coating on a wooden blade, excluding the restoration of varnish;
(e) the repair of an elongated propeller attachment or propeller blade attachment bolt hole;
(f) the inlaying of a repair patch on a wooden blade;
(g) the repair of a composite blade; and
(h) an overhaul or repair involving the reassembly of a controllable-pitch propeller, excluding the reassembly of a propeller that has been disassembled for shipping purposes, or the replacement of seals.

Avionics

4

(1) The repair of avionics components and systems is avionics specialized maintenance, except for:

(a) repairs of wiring and connectors;
(b) replacement of connectors and electrical components with identical or equivalent items;
(c) replacement of antennas with identical or equivalent items;
(d) replacement of integral fuses and lighting components when the line replaceable unit (LRU) is designed for flight-line replacement of these components;
(e) replacement of an avionics LRU provided that any testing required can be done using standard test equipment, built-in test equipment (BITE) or equipment specified in the aircraft manufacturer’s instructions for continuing airworthiness;
(f) on-site maintenance of passenger entertainment systems performed in accordance with the applicable instructions in the maintenance manual of the aircraft or systems manufacturer or the manufacturer’s instructions for continuing airworthiness; and
(g) routine maintenance that is described in the aircraft manufacturer’s maintenance manual or instructions for continuing airworthiness or performed in accordance with currently recognized industry practices for service in the field.

(2) Any avionics system installation or modification is avionics specialized maintenance except for:

(a) installation of ELT systems conforming to CAN-TSO-C91/C91a;
(b) installation of single VHF communication or single integrated navigation/communication systems that are not interfaced with any other system, other than an intercom system;
(c) installation of VFR long-range navigation systems which are not interfaced with any other systems;
(d) modifications to existing avionics installations, where no additional test requirements are imposed on the affected system other than those which would be required following routine maintenance of that system;
(e) installation of instruments which are not interfaced with any other systems; and
(f) replacement of an avionics LRU where equivalency is maintained, and where no additional test requirements are imposed on the affected system other than those which would be required following routine maintenance of that system.

Instrument

5 Maintenance of instruments, other than display devices whose operation is integrated with an appliance to which another category of specialized maintenance applies, if the work is beyond the limits recommended in the manufacturer’s maintenance manual or service instructions for service in the field, is instrument specialized maintenance.
Component

6 Any of the following types of maintenance of an appliance or component, where the work is beyond the limits recommended in the manufacturer’s maintenance manual or service instructions for service in the field, is component specialized maintenance:

(a) the reassembling of valves that are activated electrically or through the use of controlled fluid pressure;
(b) the calibrating or flow checking of any fuel metering or air metering component, other than a float-type carburettor;
(c) the overhaul of any pressure-type fuel, oil, pneumatic or hydraulic pump;
(d) a repair involving the disassembly of speed-regulating devices, including an engine or propeller governor or a constant-speed drive;
(e) the overhaul of a rotor head, transmission or any mechanism used to transmit power to the rotors of a tilt-wing aircraft or helicopter;
(f) the repair of a helicopter rotor blade;
(g) the rewinding of the field coil or armature of an electrical accessory;
(h) the overhaul of an aircraft magneto; and
(i) the patch repair of a bladder-type fuel tank.

Welding

7 The welding of the following parts is welding specialized maintenance:

(a) any part of the primary structure, including a wheel, an axle and a passenger restraint or cargo restraint system;
(b) any part of an aircraft system, including a fuel tank, an oil tank and a pneumatic or hydraulic container; and
(c) any structural or dynamic engine part.

Non-destructive Testing (NDT)

8 Any required inspection of an aeronautical product that uses liquid penetrant, magnetic particle, radiographic, ultrasonic or eddy current methods, unless the inspection is performed under Appendix K to Standard 571 — Maintenance, is Non-Destructive Testing (NDT) Specialized Maintenance.

SOR/2000-404, s. 11;
SOR/2003-122, s. 3;
SOR/2009-280, s. 31.

Previous Version

SCHEDULE III(Subsection 571.11(5))Types of Work


Application of fabric patches to aircraft skin, not involving the removal of control surfaces


Replacement of tires, wheels, brakes, skis, landing skids and skid shoes


Replenishment and charging of oleos


Replacement of seats, safety belts and seat harnesses


Repair of upholstery and cabin trim, repositioning of non-structural cabin compartment dividers and passenger service units


Removal and replacement of cabin doors in non-pressurized aircraft


Cleaning, testing and replacement of spark-plugs and igniters


Checking of cylinder compression


Draining and replenishment of oil systems

10 
Cleaning and replacement of fuel, oil and air filters

11 
Checking and replacement of magnetic chip detectors

12 
Adjustment of generator and alternator drive belt tension

13 
Replacement, charging, testing and deep cycling of batteries

14 
Replacement of fuses, light-bulbs and reflectors

15 
Replacement of voice communication line replaceable units designed for rapid replacement

16 
Replacement of instruments and indicators that do not require calibration or adjustment after installation

17 
Opening and securing of circuit breakers in accordance with an approved minimum equipment list

18 
Calibration and adjustment of direct reading magnetic direction indicators

19 
Leak testing of pitot-static systems

20 
Disabling and locking of thrust reverser systems in accordance with an approved minimum equipment list

21 
Stowage of airstairs and doors by other than normal means, in accordance with an approved minimum equipment list

22 
Installation of slides, rafts and emergency equipment

23 
Aircraft structural repairs that do not affect aircraft systems

SOR/2000-404, s. 11.
Subpart 73 — Approved Maintenance Organizations

Division I — General

[SOR/2005-173, s. 14]
Application for Approval

[SOR/2005-173, s. 29]

573.01 (1) An applicant for an approved maintenance organization (AMO) certificate or for an amendment of an AMO certificate that is in effect shall make an application in the form and manner specified in Standard 573—Approved Maintenance Organizations.
(2) An applicant referred to in subsection (1) shall submit to the Minister with the application a copy of its maintenance policy manual (MPM) required pursuant to subsection 573.10(1).

SOR/2005-173, s. 28.

Entitlement to and Scope of Certificate

[SOR/2005-173, s. 29]

573.02 (1) The Minister shall issue to a maintenance organization that demonstrates that it meets the requirements of this Subpart an approved maintenance organization (AMO) certificate authorizing the maintenance of specified aeronautical products or the provision of specified maintenance services.
(2) The AMO certificate shall specify, in accordance with the criteria specified in section 573.02 of Standard 573 — Approved Maintenance Organizations, any category in which ratings have been issued and shall list the aeronautical products that the AMO is authorized to maintain or the maintenance services that the AMO is authorized to perform.
(3) The scope of the work that may be performed under each rating specified on the AMO certificate is determined by limitations that are set out in the certificate.
(4) Unless an expiry date is specified in an AMO certificate issued pursuant to subsection (1), the certificate remains in effect until it is surrendered, suspended or cancelled.

SOR/2005-173, s. 15.

Duties of Certificate Holder

573.03 (1) The holder of an approved maintenance organization (AMO) certificate shall

(a) appoint a person responsible for maintenance;
(b) ensure that the person responsible for maintenance meets the requirement set out in subsection 573.04(1);

(c) subject to subsection (4), ensure that the person responsible for maintenance

(i) has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations, and
(ii) meets the experience requirement set out in subsection 573.04(1) of Standard 573 — Approved Maintenance Organizations;

(d) ensure that the person responsible for maintenance demonstrates to the Minister knowledge of the topics set out in subsection 573.04(2) of Standard 573 — Approved Maintenance Organizations within 30 days after their appointment;
(e) ensure that the person responsible for maintenance performs the duties referred to in subsections 573.04(2) and (3) and 573.09(2) and (3);
(f) provide the person responsible for maintenance with the financial and human resources necessary to ensure that the holder of the AMO certificate meets the requirements of these Regulations;
(g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under subsection 573.09(1) or a safety management system referred to in section 573.30; and
(h) conduct reviews of the safety management system to determine its effectiveness.

(2) The Minister shall conduct an interview with the person appointed under paragraph (1)(a) to assess their knowledge of the topics referred to in paragraph (1)(d).
(3) The Minister shall notify the person appointed under paragraph (1)(a) of the results of the assessment and identify any deficiencies in their knowledge of the topics within ten days after the interview.

(4) The knowledge requirement set out in subparagraph (1)(c)(i) does not apply in respect of

(a) a person responsible for maintenance who held that position on January 1, 1997; or
(b) the holder of an aircraft maintenance engineer (AME) licence.

(5) The experience requirement set out in subsection 573.04(1) of Standard 573 — Approved Maintenance Organizations does not apply in the case of an AMO certificate in respect of which no rating in the aircraft, avionics, instrument, engine or propeller category has been issued if the accountable executive can demonstrate to the Minister by means of a risk assessment that the lesser experience is appropriate to the scope of work performed by the AMO and will not affect aviation safety or the safety of the public.

(6) The holder of an AMO certificate shall ensure that no person is appointed to be responsible for maintenance or remains responsible for maintenance if, at the time of their appointment or during their tenure, they have a record of conviction for

(a) an offence under section 7.3 of the Act; or
(b) two or more offences under any of sections 571.10 and 571.11 not arising from a single occurrence.

(7) The holder of a certificate referred to in subsection (1) shall ensure that the person managing the safety management system who is referred to in section 573.32 performs the duties set out in that section.

SOR/2005-173, s. 16;
SOR/2005-357, s. 5.



Person Responsible for Maintenance

573.04 (1) The person responsible for maintenance shall, within 30 days after their appointment under paragraph 573.03(1)(a), submit to the Minister a signed statement that they accept the responsibilities of their position.
(2) The person responsible for maintenance shall manage the activities of the approved maintenance organization (AMO) in accordance with the policies set out in the maintenance policy manual (MPM) established under section 573.10.

(3) The person responsible for maintenance shall, where a finding resulting from a quality assurance program established under subsection 573.09(1) or a safety management system referred to in section 573.30 is reported to them,

(a) determine what, if any, corrective actions are required and carry out those actions;
(b) keep a record of any determination made under paragraph (a) and the reason for it;
(c) if management functions have been assigned to another person under subsection (4) or (5), communicate any determination regarding a corrective action to that person; and
(d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

(4) The person responsible for maintenance may assign the management functions for the entire quality assurance program established under subsection 573.09(1) or for the safety management system referred to in 573.30 to another person if

(a) that person meets the requirements set out in paragraphs 573.03(1)(c) and (d) and subsection 573.03(6); and
(b) the assignment and its scope are described in the AMO's MPM.

(5) The person responsible for maintenance may assign the management functions for specific maintenance activities to another person if the assignment and its scope are described in the AMO's MPM.
(6) The responsibility of the person responsible for maintenance is not affected by the assignment to another person of management functions under subsection (4) or (5).

SOR/2005-173, s. 16.

Authorization to Sign a Maintenance Release

[SOR/2005-173, s. 29]

573.05 (1) No approved maintenance organization (AMO) certificate holder shall authorize a person to sign a maintenance release unless the person meets the applicable requirements of section 571.11 and has successfully completed the training required by section 573.06.
(2) No AMO certificate holder shall authorize a person to sign a maintenance release under paragraph 571.11(2)(c) unless the person has, in respect of the work being certified, demonstrated to the certificate holder levels of knowledge and experience that are appropriate and that meet the applicable criteria set out in section 573.05 of Standard 573 — Approved Maintenance Organizations.

SOR/2005-173, s. 17.

Training Program

[SOR/2005-173, s. 29]

573.06 (1) An approved maintenance organization (AMO) certificate holder shall implement a training program to ensure that persons authorized to perform or supervise the performance of any function under this Subpart are trained in respect of the regulations, the standards and the AMO procedures applicable to that function.
(2) The program required by subsection (1) shall include initial training, updating and any other training necessary, within the meaning assigned to those terms in section 573.06 of Standard 573 — Approved Maintenance Organizations, to ensure continued qualification that is appropriate to the function to be performed or supervised.

SOR/2005-173, s. 18.

Personnel Records

[SOR/2005-173, s. 29]

573.07 (1) An approved maintenance organization (AMO) certificate holder shall establish, maintain and retain for at least two years after an entry is made, for each affected person, a record of

(a) all personal qualifications in respect of appointments made pursuant to section 573.03 and in respect of assignments of functions made pursuant to section 573.04;
(b) all of the authorizations to sign a maintenance release pursuant to section 573.05; and
(c) all of the training conducted pursuant to section 573.06.

(2) An AMO certificate holder shall provide a copy of a record required by this section to the person to whom the record refers on the completion of each training activity or the granting of an authorization referred to in paragraph (1)(b).

Facilities, Equipment, Standards and Procedures

[SOR/2005-173, s. 29]

573.08 (1) An approved maintenance organization (AMO) certificate holder shall provide the facilities and equipment specified in Standard 573—Approved Maintenance Organizations that are necessary for the work to be performed.
(2) Except in cases provided for in a maintenance policy manual (MPM), work performed by an AMO certificate holder shall be performed in the facilities required by subsection (1), unless unforeseen circumstances do not permit the work to be performed in those facilities and the safety of the aircraft is not affected by the fact that the work is performed elsewhere.
(3) Where an AMO uses standards equivalent to those of the manufacturer of an aeronautical product for the performance of work pursuant to paragraph 571.02(1)(b), those standards shall be identified in accordance with section 573.10.
(4) Where a task undertaken by an AMO is divided into sub-tasks, the person appointed pursuant to section 573.03 shall establish a system of task control to ensure that all of the sub-tasks are completed prior to the signing of a maintenance release in respect of the completion of that task.

SOR/2005-173, s. 28.

Quality Assurance Program

[SOR/2005-173, s. 29]

573.09 (1) The holder of an approved maintenance organization (AMO) certificate shall establish and maintain a quality assurance program consisting of provisions for sampling maintenance processes to evaluate the AMO's ability to perform its maintenance in a safe manner.
(2) The person responsible for maintenance shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the policies and procedures specified in the maintenance policy manual (MPM).

(3) The person responsible for maintenance shall establish an audit system in respect of the quality assurance program that consists of the following:

(a) an initial audit within 12 months after the date on which the AMO certificate is issued;
(b) subsequent audits conducted at intervals set out in the MPM;
(c) checklists of all activities controlled by the MPM;
(d) a record of each occurrence of compliance or non-compliance with the MPM found during an audit referred to in paragraph (a) or (b);
(e) procedures for ensuring that each finding of an audit is communicated to them and, if management functions have been assigned to another person under subsection 573.04(4) or (5), to that person;
(f) follow-up procedures for ensuring that corrective actions are effective; and
(g) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups.

(4) The records required under paragraph (3)(g) shall be retained for the greater of

(a) two audit cycles; and
(b) two years.

(5) The duties related to the quality assurance program that involve specific tasks or activities within an AMO's activities shall be fulfilled by persons who are not responsible for carrying out those tasks or activities.

SOR/2005-173, s. 19.

Maintenance Policy Manual

[SOR/2005-173, s. 29]

573.10 (1) An approved maintenance organization (AMO) certificate holder shall establish, maintain and authorize the use of a maintenance policy manual (MPM) that contains information to ensure the efficiency of the AMO’s maintenance policies, dealing with the subjects set out in Standard 573—Approved Maintenance Organizations.

(2) The Minister may authorize the incorporation by reference in an MPM of detailed procedures manuals and lists prepared by the AMO certificate holder, dealing with the subjects set out in Standard 573—Approved Maintenance Organizations, where

(a) the policy affecting those detailed procedures and the composition of the lists is set out in the MPM;
(b) each incorporation is clearly indicated in the MPM; and
(c) the AMO certificate holder ensures that the incorporated procedures manuals and lists meet the requirements of this section.

(3) Where detailed procedures manuals or lists are being incorporated by reference in an MPM, the person appointed pursuant to section 573.03 or another person to whom that management function is assigned pursuant to section 573.04 shall certify in writing that the incorporated documents and every amendment thereto meet the requirements of the policy established in the MPM with respect to those documents.
(4) An AMO certificate holder need not conform to the policy and procedures contained in its MPM, where the Minister has authorized the non-conformity in writing, after it has been demonstrated that such non-conformity would not affect the safety of the aeronautical product to be maintained or the maintenance service to be offered.
(5) An AMO certificate holder shall submit each page of its MPM to the Minister for approval, either individually or in accordance with a procedure that ensures compliance with the requirements of Standard 573—Approved Maintenance Organizations.

(6) An AMO certificate holder shall amend its MPM when instructed to do so by the Minister, where the MPM does not

(a) meet the requirements of this Subpart; or
(b) contain policies or procedures that are sufficiently detailed to demonstrate that the AMO’s quality assurance program meets the requirements of these Regulations.

(7) An AMO certificate holder shall take steps to ensure that a current copy of its MPM, or the portions thereof that are relevant to the task to be performed, is made available to each person who performs or certifies that task.
(8) An AMO certificate holder shall amend each copy of its MPM within 30 days after receiving an approval issued pursuant to subsection (5).
(9) The Minister shall, if the standards set out in Standard 573—Approved Maintenance Organizations are met, approve an MPM and any amendments to that manual.

SOR/2000-404, s. 12;
SOR/2005-173, s. 28.



Maintenance Arrangements

[SOR/2005-173, s. 29]

573.11 (1) Except as provided in subsection (2), no approved maintenance organization (AMO) certificate holder shall permit an external agent to perform maintenance on its behalf unless

(a) the external agent holds an AMO certificate with a rating of a category specified pursuant to section 573.02 that is appropriate to the type of work to be performed or the aeronautical product to be maintained;
(b) where the work is to be performed outside Canada, the external agent has been authorized to do the type of work to be performed or to perform maintenance on the type of aeronautical product to be maintained under the laws of a state that is party to an agreement with Canada and the agreement provides for the recognition of maintenance functions; or
(c) in all other cases, the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations.

(2) Subject to subsection (4), an AMO certificate holder may permit work to be performed by an external agent other than an agent described in subsection (1) where the work is performed in accordance with an arrangement that provides for it, under the direct supervision of the person appointed pursuant to section 573.03 or 573.04 and certified by persons authorized to do so in accordance with the approved procedures set out in the AMO’s maintenance policy manual (MPM).
(3) Arrangements respecting work to be performed by external agents pursuant to subsection (2) shall be made in accordance with procedures governing maintenance arrangements set out in the MPM or, if no such procedures are set out in the MPM, shall be approved by the Minister as ensuring conformity with the requirements of this Subpart.

(4) An AMO certificate holder that requests an external agent to perform work shall

(a) where the work is to be performed pursuant to subsection (1) or (2), be responsible for specifying the tasks to be performed by the agent and ensuring completion of the work; and
(b) where the work is to be performed pursuant to subsection (2), be responsible for ensuring the conformity of that work with the requirements of Subpart 71.

(5) A maintenance arrangement that is made by a foreign air operator to have its maintenance done in Canada by a person or organization that holds an AMO certificate issued pursuant to section 573.02 shall be authorized by a maintenance specification issued to the AMO in accordance with the requirements of Standard 573—Approved Maintenance Organizations, where the air operator is from a state that

(a) is party to an agreement with Canada that provides for recognition of the work performed and the issuance of a maintenance specification is specified in the agreement; or
(b) is not party to an agreement with Canada that provides for recognition of the work performed and the issuance of a maintenance specification is requested by that state.

SOR/2005-173, s.28.

Service Difficulty Reporting

[SOR/2005-173, s. 29]
573.12 The holder of an approved maintenance organization (AMO) certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to an aeronautical product being maintained.
SOR/2009-280, s. 32.
Previous Version

Foreign Approvals

[SOR/2005-173, s. 29]
573.13 An application submitted by a maintenance organization for the issuance or amendment of an approved maintenance organization (AMO) certificate authorizing the performance of work in facilities located outside Canada is granted if

(a) the applicant has demonstrated that the issuance of the approval in respect of those facilities is in the public interest as provided for in subsection 6.71(1) of the Act;
(b) the applicant has recognized by advance agreement the Minister’s right to enter and inspect those facilities and seize anything found in those facilities, under the same conditions as would govern the exercise of the Minister’s powers pursuant to subsection 8.7(1) of the Act if the facilities were located in Canada;
(c) the AMO has agreed to reimburse the Minister for any expenses incurred by Department of Transport personnel in carrying out the activities provided for in paragraph (b) in respect of those facilities; and
(d) in the case of an AMO whose facilities are located outside Canada, the Minister specifies on the AMO certificate the date on which the certificate expires.

Identification of an AMO

573.14 (1) No person, other than the holder of an approved maintenance organization (AMO) certificate issued in accordance with this Subpart, shall identify oneself as an AMO certificate holder.
(2) A person who holds an AMO certificate issued in accordance with this Subpart shall not include, in a list of approved maintenance services offered for aeronautical products, a service that is outside the scope of the person’s AMO certificate.

Technical Records

[SOR/2005-173, s. 29]
573.15 An approved maintenance organization (AMO) certificate holder shall maintain records in accordance with section 573.15 of Standard 573 — Approved Maintenance Organizations for work performed on all aeronautical products maintained and keep those records for at least two years beginning on the date that the maintenance release was signed.
SOR/2003-122, s. 4.

[573.16 to 573.29 reserved]
Division II — Safety Management System

Requirements

573.30 The safety management system required under section 107.02 in respect of an applicant for, or a holder of, an approved maintenance organization (AMO) certificate authorizing the holder to perform maintenance on an aircraft operated under Subpart 5 of Part VII shall

(a) meet the requirements of Subpart 7 of Part I and section 573.31; and
(b) be under the control of the person responsible for maintenance appointed under paragraph 573.03(1)(a).

SOR/2005-173, s. 20.

Components of the Safety Management System

573.31 (1) The safety management system shall include, among others, the following components:

(a) a safety management plan that includes

(i) a safety policy that the accountable executive has approved and communicated to all employees,
(ii) the roles and responsibilities of personnel assigned duties under the quality assurance program established under subsection 573.09(1) or the safety management system,
(iii) performance goals and a means of measuring attainment of those goals,
(iv) a policy for the internal reporting of a hazard, an incident or an accident, including the conditions under which immunity from disciplinary action will be granted, and
(v) a review of the safety management system to determine its effectiveness;

(b) procedures for reporting a hazard, an incident or an accident to the appropriate manager;
(c) procedures for the collection of data relating to hazards, incidents and accidents;
(d) procedures for analysing data obtained under paragraph (c) and during an audit conducted under subsection 573.09(3) and for taking corrective actions;
(e) an audit system referred to in subsection 573.09(3);
(f) training requirements for the person responsible for maintenance and for personnel assigned duties under the safety management system; and
(g) procedures for making progress reports to the accountable executive at intervals determined by the accountable executive and other reports as needed in urgent cases.

(2) The components specified in subsection (1) shall be set out in the approved maintenance organization (AMO) certificate holder's maintenance policy manual (MPM).
SOR/2005-173, s. 20.

Person Managing the Safety Management System

573.32 The person managing the safety management system in respect of an approved maintenance organization (AMO) shall

(a) establish and maintain a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety;
(b) identify hazards and carry out risk management analyses of those hazards;
(c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system;
(d) establish and maintain a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents;
(e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents;
(f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the AMO;
(g) determine the adequacy of the training required by paragraph 573.31(1)(f); and
(h) where the person responsible for maintenance has assigned the management functions for the safety management system under subsection 573.04(4) to another person, report to the person responsible for maintenance the hazards, incidents and accidents identified under the safety management system required under section 573.30 or as a result of an audit required under paragraph 573.31(1)(e).

SOR/2005-173, s. 20.

SUBPART 91[Repealed, SOR/2009-280, s. 33]

591.01 [Repealed, SOR/2009-280, s. 33]
Previous Version

SUBPART 93[Repealed, SOR/2009-280, s. 33]

593.01 [Repealed, SOR/2009-280, s. 33]
Previous Version

593.02 [Repealed, SOR/2009-280, s. 33]
Previous Version

Part VI — General Operating and Flight Rules

Interpretation

600.01 In this Part,

ADIZ
ADIZ or Air Defence Identification Zone means the airspace that extends upward from the surface in those areas of Canada and off the coasts of Canada, the boundaries of which are specified in the Designated Airspace Handbook; (ADIZouzone d’identification de défense aérienne)
aerial application
aerial application means the seeding from an aircraft or the spraying or dusting of chemicals from an aircraft, or any other operation of a similar nature; (traitement aérien)
aerial inspection
aerial inspection means the inspection from an aircraft of crops, forests, livestock or wildlife, the patrolling of pipelines or power lines, a flight inspection or any other operation of a similar nature; (inspection aérienne)
AX class
AX class[Repealed, SOR/2006-77, s. 4]
large aircraft
large aircraft means an aeroplane having a maximum permissible take-off weight in excess of 5 700 kg (12,566 pounds) or a rotorcraft having a maximum permissible take-off weight in excess of 2 730 kg (6,018 pounds); (gros aéronef)
police authority
police authority means the Royal Canadian Mounted Police, Ontario Provincial Police, Sûreté du Québec or Canadian Coast Guard, or any municipal or regional police force established pursuant to provincial legislation. (corps policier)

SOR/2006-77, s. 4.
Previous Version

Subpart 1 — Airspace

Division I — Airspace Structure, Classification and Use

Airspace Structure

601.01 (1) Controlled airspace consists of the following types of airspace:

(a) the Arctic Control Area, Northern Control Area and Southern Control Area;
(b) high level airspace;
(c) high level airways;
(d) low level airspace;
(e) low level airways;
(f) fixed RNAV routes;
(g) terminal control areas;
(h) military terminal control areas;
(i) control area extensions;
(j) transition areas;
(k) control zones;
(l) restricted airspace;
(m) advisory airspace;
(n) military operations areas; and
(o) danger areas.

(2) Uncontrolled airspace consists of the following types of airspace:

(a) high level airspace;
(b) low level airspace;
(c) high level air routes;
(d) low level air routes;
(e) fixed RNAV routes;
(f) restricted airspace;
(g) advisory airspace;
(h) military operations areas; and
(i) danger areas.

(3) The horizontal and vertical limits of any type of airspace referred to in subsection (1) or (2) are

(a) in the case of a high level air route, a low level air route and an uncontrolled fixed RNAV route, those specified on an aeronautical chart; or
(b) in any other case, those specified in the Designated Airspace Handbook.

(4) The geographical location and the horizontal and vertical limits of the following items are those specified in the Designated Airspace Handbook:

(a) Canadian Domestic Airspace;
(b) Canadian minimum navigation performance specifications (CMNPS) airspace;
(c) the CMNPS transition area;
(d) reduced vertical separation minimum (RVSM) airspace;
(e) required navigation performance capability (RNPC) airspace;
(f) transponder airspace;
(g) the air defence identification zone (ADIZ);
(h) flight information regions (FIR);
(j) standard pressure regions;
(i) altimeter setting regions;
(k) mountainous regions; and
(l) any other areas, zones, regions and points.

SOR/2006-77, s. 5;
SOR/2015-160, s. 26.

Previous Version

Airspace Classification

601.02 (1) The class of any controlled airspace of a type referred to in subsection 601.01(1) is one of the following, as specified in the Designated Airspace Handbook:

(a) Class A;
(b) Class B;
(c) Class C;
(d) Class D;
(e) Class E;
(f) Class F Special Use Restricted; or
(g) Class F Special Use Advisory.

(2) The class of any uncontrolled airspace of a type referred to in subsection 601.01(2) is one of the following, as specified in the Designated Airspace Handbook:

(a) Class G;
(b) Class F Special Use Restricted; or
(c) Class F Special Use Advisory.

Transponder Airspace

601.03 Transponder airspace consists of

(a) all Class A, B and C airspace as specified in the Designated Airspace Handbook; and
(b) any Class D or E airspace specified as transponder airspace in the Designated Airspace Handbook.

SOR/2006-77, s. 6.
Previous Version

IFR or VFR Flight in Class F Special Use Restricted Airspace or Class F Special Use Advisory Airspace

601.04 (1) The procedures for the operation of aircraft in Class F Special Use Restricted airspace and Class F Special Use Advisory airspace are those specified in the Designated Airspace Handbook.
(2) No person shall operate an aircraft in Class F Special Use Restricted airspace unless authorized to do so by the person specified for that purpose in the Designated Airspace Handbook.
(3) For the purposes of subsection (2), a person specified in the Designated Airspace Handbook may authorize the operation of an aircraft where activities on the ground or in the airspace are not hazardous to aircraft operating in that airspace and access by aircraft to that airspace does not jeopardize national security interests.

IFR Flight in Class A, B, C, D or E Airspace or Class F Special Use Restricted or Class F Special Use Advisory Controlled Airspace

601.05 (1) No person shall operate an IFR aircraft in Class A, B, C, D or E airspace or in Class F Special Use Restricted or Class F Special Use Advisory controlled airspace unless the aircraft is operated in accordance with an air traffic control clearance or an authorization issued by the Minister.
(2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety.

VFR Flight in Class A Airspace

601.06 (1) No person shall operate a VFR aircraft in Class A airspace unless the aircraft is operated in accordance with an authorization issued by the Minister.
(2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety.

VFR Flight in Class B Airspace

601.07 (1) No person shall operate a VFR aircraft in Class B airspace unless the aircraft is operated in accordance with an air traffic control clearance or an authorization issued by the Minister.
(2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety.

(3) The pilot-in-command of a VFR aircraft operating in Class B airspace in accordance with an air traffic control clearance shall, when it becomes evident that it will not be possible to operate the aircraft in VMC at the altitude or along the route specified in the air traffic control clearance,

(a) where the airspace is a control zone, request authorization to operate the aircraft in special VFR flight; and

(b) in any other case,

(i) request an amended air traffic control clearance that will enable the aircraft to be operated in VMC to the destination specified in the flight plan or to an alternate aerodrome, or
(ii) request an air traffic control clearance to operate the aircraft in IFR flight.

VFR Flight in Class C Airspace

601.08 (1) Subject to subsection (2), no person operating a VFR aircraft shall enter Class C airspace unless the person receives a clearance to enter from the appropriate air traffic control unit before entering the airspace.
(2) The pilot-in-command of a VFR aircraft that is not equipped with radiocommunication equipment capable of two-way communication with the appropriate air traffic control unit may, during daylight in VMC, enter Class C airspace if the pilot-in-command receives authorization to enter from the appropriate air traffic control unit before entering the airspace.
(3) Class C airspace becomes Class E airspace when the appropriate air traffic control unit is not in operation.

VFR Flight in Class D Airspace

601.09 (1) Subject to subsection (2), no person operating a VFR aircraft shall enter Class D airspace unless the person establishes two-way radio contact with the appropriate air traffic control unit before entering the airspace.
(2) The pilot-in-command of a VFR aircraft that is not equipped with radiocommunication equipment capable of two-way communication with the appropriate air traffic control unit may, during daylight in VMC, enter Class D airspace if the pilot-in-command receives authorization to enter from the appropriate air traffic control unit before entering the airspace.
(3) Class D airspace becomes Class E airspace when the appropriate air traffic control unit is not in operation.

[601.10 to 601.13 reserved]
Division II — Aircraft Operating Restrictions and Hazards to Aviation Safety

Interpretation

601.14 In this Division,

directed bright light source
directed bright light source means any directed light source (coherent or non-coherent), including lasers, that may create a hazard to aviation safety or cause damage to an aircraft or injury to persons on board the aircraft; (source lumineuse dirigée de forte intensité)
fire control authority
fire control authority means an official of a government forestry service or other fire control agency that is responsible for the protection of persons and property against fire; (responsable de la lutte contre l’incendie)
forest fire area
forest fire area means an area on the surface of the earth on which standing timber, grass or any other vegetation or buildings are burning. (région sinistrée)

SOR/2002-182, s. 1.

Forest Fire Aircraft Operating Restrictions

601.15 No person shall operate an aircraft

(a) over a forest fire area, or over any area that is located within five nautical miles of a forest fire area, at an altitude of less than 3,000 feet AGL; or
(b) in any airspace that is described in a NOTAM issued pursuant to section 601.16.

Issuance of NOTAM for Forest Fire Aircraft Operating Restrictions

601.16 The Minister may issue a NOTAM that relates to restrictions on the operation of aircraft in the case of a forest fire and that describes

(a) the location and dimensions of the forest fire area; and
(b) the airspace in which forest fire control operations are being conducted.

Exceptions

601.17 Section 601.15 does not apply to

(a) persons who are operating an aircraft at the request of an appropriate fire control authority; and
(b) Department of Transport personnel who are operating an aircraft in the performance of duties related to surveillance and the enforcement of aviation legislation.

Orders Prohibiting or Restricting Aircraft Operation

601.18 The Minister may make orders prohibiting or restricting the operation of aircraft over such areas as are specified by the Minister, either absolutely or subject to such exceptions or conditions as may be specified by the Minister.

601.19 [Reserved, SOR/2011-285, s. 5]

Projection of Directed Bright Light Source at an Aircraft

601.20 Subject to section 601.21, no person shall project or cause to be projected a directed bright light source into navigable airspace in such a manner as to create a hazard to aviation safety or cause damage to an aircraft or injury to persons on board the aircraft.
SOR/2002-182, s. 2.

Requirement for Notification

601.21 (1) Any person planning to project or cause to be projected a directed bright light source into navigable airspace shall, before the projection,

(a) submit a written request to the Minister for an authorization to project the directed bright light source into navigable airspace; and
(b) obtain a written authorization from the Minister to do so.

(2) On receipt of the request for authorization, the Minister shall issue a written authorization if the projection is not likely to create a hazard to aviation safety or to cause damage to an aircraft or injury to persons on board the aircraft.
(3) The Minister may specify in the authorization any conditions necessary to ensure that the projection is not likely to create a hazard to aviation safety or to cause damage to an aircraft or injury to persons on board the aircraft.

SOR/2002-182, s. 2;
SOR/2014-286, s. 3.

Previous Version

Requirement for Pilot-in-command

601.22 (1) No pilot-in-command shall intentionally operate an aircraft into a beam from a directed bright light source or into an area where a directed bright light source is projected, unless the aircraft is operated in accordance with an authorization issued by the Minister.
(2) The Minister may issue the authorization if the operation of the aircraft is not likely to create a hazard to aviation safety.

SOR/2002-182, s. 2.

Division III — Marking and Lighting of Obstacles to Air Navigation

Obstacles to Air Navigation

601.23 (1) For the purposes of this Division, any building, structure or object, including any addition to it, constitutes an obstacle to air navigation if

(a) it penetrates an airport obstacle limitation surface as calculated in Chapter 4 of the Standard entitled Aerodrome Standards and Recommended Practices, TP 312E, published by the Department of Transport;
(b) it is higher than 90 m AGL and is located within 6 km of the geographical centre of an aerodrome;
(c) it is higher than 90 m AGL and is located within 3.7 km of the centreline of a recognized VFR route, including, but not limited to, a valley, a railway track, a transmission line, a pipeline, a river and a highway;
(d) it is higher than 150 m AGL; or
(e) in the case of any catenary wires crossing over a river, any portion of the wires or supporting structures is higher than 90 m AGL.

(2) For the purposes of subsection (1), an addition to a building, structure or object includes any vertical mast, pole, tower or other object erected on top of the building, structure or object and adding to its height.

SOR/2011-285, s. 6.

Marking and Lighting of Obstacles to Air Navigation

601.24 (1) Any person who plans to construct or modify a building, structure or object, or launch a tethered object shall notify the Minister of the proposed construction, modification or launch in accordance with the requirements of Standard 621 if the building, structure or object, or tethered object, will constitute an obstacle to air navigation.

(2) A person who has responsibility for or control over a building, structure or object that constitutes an obstacle to air navigation shall

(a) mark and light the building, structure or object in accordance with the requirements of Standard 621; or
(b) use the equivalent marking and lighting approved by the Minister under subsection 601.27(2).

SOR/2011-285, s. 6.

Other Obstacles to Air Navigation

601.25 (1) If the Minister determines that a building, structure or object, other than a building, structure or object described in section 601.23, is hazardous to air navigation because of its height or location, the Minister shall require the person who has responsibility for or control over the building, structure or object to mark and light it in accordance with the requirements of Standard 621.

(2) A person who is required by the Minister to mark and light a building, structure or object under subsection (1) shall

(a) do so within six months; and
(b) cause to be received at the appropriate air traffic control unit or flight service station a notice identifying the nature, location and height of the building, structure or object.

SOR/2011-285, s. 6.

Upgrading of Marking and Lighting

601.26 A person who has responsibility for or control over an obstacle to air navigation shall upgrade the markings and lights of the whole obstacle to the most recent requirements set out in Standard 621 if any change occurs in

(a) the location of the obstacle with respect to any other marked or lighted obstacle; or
(b) the surrounding conditions of the obstacle that can affect aviation safety.

SOR/2011-285, s. 6.

Equivalent Marking and Lighting

601.27 (1) A person who proposes to use equivalent marking and lighting on an obstacle to air navigation for which the person has responsibility or over which the person has control shall apply to the Minister for approval.

(2) The Minister shall approve the equivalent marking and lighting if the applicant

(a) submits a risk assessment that identifies the risks to air navigation associated with the obstacle and the methods for eliminating or reducing those risks; and
(b) demonstrates that the equivalent marking and lighting provides a level of safety at least equivalent to the level provided by the requirements of Standard 621.

(3) In determining whether the equivalent marking and lighting provides the level of safety required by paragraph (2)(b), the Minister shall consider the following factors:

(a) the location of the obstacle;
(b) the surrounding terrain, buildings, structures and objects;
(c) the VFR air traffic volume; and
(d) the proximity of the obstacle to an aerodrome.

SOR/2011-285, s. 6.

Notification of Deterioration, Failure or Malfunction

601.28 A person who has responsibility for or control over an obstacle to air navigation shall report immediately any deterioration of a marking or any failure or malfunction of a light required under this Division to the nearest flight service station.
SOR/2011-285, s. 6.

Prohibition

601.29 No person shall deface, alter or otherwise damage a marking or a light required, under this Division, to be displayed on an obstacle to air navigation.
SOR/2011-285, s. 6.

Subpart 2 — Operating and Flight Rules

Division I — General

Reckless or Negligent Operation of Aircraft

602.01 No person shall operate an aircraft in such a reckless or negligent manner as to endanger or be likely to endanger the life or property of any person.

Fitness of Flight Crew Members

602.02 No operator of an aircraft shall require any person to act as a flight crew member and no person shall act as a flight crew member, if either the person or the operator has any reason to believe, having regard to the circumstances of the particular flight to be undertaken, that the person

(a) is suffering or is likely to suffer from fatigue; or
(b) is otherwise unfit to perform properly the person’s duties as a flight crew member.

Alcohol or Drugs — Crew Members

602.03 No person shall act as a crew member of an aircraft

(a) within eight hours after consuming an alcoholic beverage;
(b) while under the influence of alcohol; or
(c) while using any drug that impairs the person’s faculties to the extent that the safety of the aircraft or of persons on board the aircraft is endangered in any way.

Alcohol or Drugs — Passengers

602.04 (1) In this section, intoxicating liquor means a beverage that contains more than 2.5 per cent proof spirits.

(2) No person shall consume on board an aircraft an intoxicating liquor unless the intoxicating liquor

(a) has been served to that person by the operator of the aircraft; or
(b) where no flight attendant is on board, has been provided by the operator of the aircraft.

(3) No operator of an aircraft shall provide or serve any intoxicating liquor to a person on board the aircraft, where there are reasonable grounds to believe that the person’s faculties are impaired by alcohol or a drug to an extent that may present a hazard to the aircraft or to persons on board the aircraft.
(4) Subject to subsection (5), no operator of an aircraft shall allow a person to board the aircraft, where there are reasonable grounds to believe that the person’s faculties are impaired by alcohol or a drug to an extent that may present a hazard to the aircraft or to persons on board the aircraft.
(5) The operator of an aircraft may allow a person whose faculties are impaired by a drug to board an aircraft, where the drug was administered in accordance with a medical authorization and the person is under the supervision of an attendant.

Compliance with Instructions

602.05 (1) Every passenger on board an aircraft shall comply with instructions given by any crew member respecting the safety of the aircraft or of persons on board the aircraft.
(2) Every crew member on board an aircraft shall, during flight time, comply with the instructions of the pilot-in-command or of any person whom the pilot-in-command has authorized to act on behalf of the pilot-in-command.

Smoking

602.06 (1) No person shall smoke on board an aircraft during take-off or landing or when directed not to smoke by the pilot-in-command.
(2) No person shall smoke in an aircraft lavatory.
(3) No person shall tamper with or disable a smoke detector installed in an aircraft lavatory without permission from a crew member or the operator of the aircraft.

Aircraft Operating Limitations

602.07 No person shall operate an aircraft unless it is operated in accordance with the operating limitations

(a) set out in the aircraft flight manual, where an aircraft flight manual is required by the applicable standards of airworthiness;
(b) set out in a document other than the aircraft flight manual, where use of that document is authorized pursuant to Part VII;
(c) indicated by markings or placards required pursuant to section 605.05; or
(d) prescribed by the competent authority of the state of registry of the aircraft.

Portable Electronic Devices

602.08 (1) No operator of an aircraft shall permit the use of a portable electronic device on board an aircraft, where the device may impair the functioning of the aircraft’s systems or equipment.
(2) No person shall use a portable electronic device on board an aircraft except with the permission of the operator of the aircraft.

Fuelling with Engines Running

602.09 No person operating an aircraft shall permit the fuelling of the aircraft while an engine used for the propulsion of the aircraft is running and passengers are on board the aircraft or are embarking or disembarking, unless subsection 604.84(1), 704.33(4) or 705.40(3), as applicable, is complied with.

SOR/2005-341, s. 4;
SOR/2014-131, s. 12.

Previous Version

Starting and Ground Running of Aircraft Engines

602.10 (1) No person shall start an engine of an aircraft unless

(a) a pilot’s seat is occupied by a person who is competent to control the aircraft;
(b) precautions have been taken to prevent the aircraft from moving; or
(c) in the case of a seaplane, the aircraft is in a location from which any movement of the aircraft will not endanger persons or property.

(2) No person shall leave an engine of an aircraft running unless

(a) a pilot’s seat is occupied by a person who is competent to control the aircraft; or

(b) where no persons are on board the aircraft,

(i) precautions have been taken to prevent the aircraft from moving, and
(ii) the aircraft is not left unattended.

Aircraft Icing

602.11 (1) In this section, critical surfaces means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surface of an aircraft and, in the case of an aircraft that has rear-mounted engines, includes the upper surface of its fuselage.
(2) No person shall conduct or attempt to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces.
(3) Notwithstanding subsection (2), a person may conduct a take-off in an aircraft that has frost adhering to the underside of its wings that is caused by cold-soaked fuel, if the take-off is conducted in accordance with the aircraft manufacturer’s instructions for take-off under those conditions.

(4) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to the aircraft, no person shall conduct or attempt to conduct a take-off in an aircraft unless

(a) for aircraft that are not operated under Subpart 5 of Part VII,

(i) the aircraft has been inspected immediately prior to take-off to determine whether any frost, ice or snow is adhering to any of its critical surfaces, or
(ii) the operator has established an aircraft inspection program in accordance with the Operating and Flight Rules Standards, and the dispatch and take-off of the aircraft are in accordance with that program; and

(b) for aircraft that are operated under Subpart 5 of Part VII, the operator has established an aircraft inspection program in accordance with the Operating and Flight Rules Standards, and the dispatch and take-off of the aircraft are in accordance with that program.

(5) The inspection referred to in subparagraph (4)(a)(i) shall be performed by

(a) the pilot-in-command;
(b) a flight crew member of the aircraft who is designated by the pilot-in-command; or

(c) a person, other than a person referred to in paragraph (a) or (b), who

(i) is designated by the operator of the aircraft, and
(ii) has successfully completed training relating to ground and airborne icing operations under Subpart 4 or relating to aircraft surface contamination under Part VII.

(6) Where, before commencing take-off, a crew member of an aircraft observes that there is frost, ice or snow adhering to the wings of the aircraft, the crew member shall immediately report that observation to the pilot-in-command, and the pilot-in-command or a flight crew member designated by the pilot-in-command shall inspect the wings of the aircraft before take-off.
(7) Before an aircraft is de-iced or anti-iced, the pilot-in-command of the aircraft shall ensure that the crew members and passengers are informed of the decision to do so.

SOR/2014-131, s. 13.
Previous Version

Overflight of Built-up Areas or Open-air Assemblies of Persons during Take-offs, Approaches and Landings

602.12 (1) For the purposes of this section and sections 602.14 and 602.15, an aircraft shall be deemed to be operated over a built-up area or over an open-air assembly of persons if the built-up area or open-air assembly of persons is within a horizontal distance of

(a) 500 feet from a helicopter or balloon; or
(b) 2,000 feet from an aircraft other than a helicopter or balloon.

(2) Except at an airport, heliport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons, in a manner that is likely to create a hazard to persons or property.
(3) Except at an airport, heliport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons unless that aircraft will be operated at an altitude from which, in the event of an engine failure or any other emergency necessitating an immediate landing, the aircraft can land without creating a hazard to persons or property.

SOR/2002-447, s. 1;
SOR/2007-87, s. 9.

Previous Version

Take-offs, Approaches and Landings within Built-up Areas of Cities and Towns

602.13 (1) Except if otherwise permitted under this section, section 603.66 or Part VII, no person shall conduct a take-off, approach or landing in an aircraft within a built-up area of a city or town, unless that take-off, approach or landing is conducted at an airport, heliport or a military aerodrome.

(2) A person may conduct a take-off or landing in an aircraft within a built-up area of a city or town at a place that is not located at an airport, heliport or a military aerodrome where

(a) the place is not set apart for the operation of aircraft;
(b) the flight is conducted without creating a hazard to persons or property on the surface; and

(c) the aircraft is operated

(i) for the purpose of a police operation that is conducted in the service of a police authority, or
(ii) for the purpose of saving human life.

(3) A person may conduct a take-off in a balloon within a built-up area of a city or town from a place that is not located at an airport, heliport or a military aerodrome, where

(a) permission to use the place as a launch site has been obtained from the land owner;
(b) a special aviation event is not being held at that place at the time of take-off;
(c) no written objection in respect of the use of the place as a launch site has been received by the Minister from a competent land use authority;

(d) the diameter of the launch site is no less than the greater of

(i) 100 feet, and
(ii) the greatest dimension of the balloon, be it the length, width or height, plus 25 per cent; and

(e) the take-off point within the launch site is upwind of the highest obstacle in the take-off path by a horizontal distance equal to the height of that obstacle, and the take-off is conducted

(i) using a positive rate of climb to a minimum altitude of 500 feet above the highest obstacle located within a horizontal distance of 500 feet from the balloon, or
(ii) where the flight path of the balloon is directly over residential or commercial buildings or over an open-air assembly of persons, using the maximum rate of climb possible, considering operational and passenger safety.

(4) A person may conduct a landing in a balloon within a built-up area of a city or town at a place that is not located at an airport, heliport or military aerodrome, where

(a) the landing is necessary to avoid endangering the safety of the persons on board; and

(b) the pilot-in-command contacts the appropriate air traffic control unit or flight service station, either prior to landing or as soon as possible after landing, and provides

(i) the balloon’s nationality mark and registration mark,
(ii) the estimated or actual, as applicable, time and location of the landing, and
(iii) the reasons why it is believed that the safety of the persons on board is or was endangered.

SOR/2007-87, s. 10;
SOR/2007-280, s. 1(F);
SOR/2010-304, s. 2.

Previous Version

Minimum Altitudes and Distances

602.14 (1) [Repealed, SOR/2002-447, s. 2]

(2) Except where conducting a take-off, approach or landing or where permitted under section 602.15, no person shall operate an aircraft

(a) over a built-up area or over an open-air assembly of persons unless the aircraft is operated at an altitude from which, in the event of an emergency necessitating an immediate landing, it would be possible to land the aircraft without creating a hazard to persons or property on the surface, and, in any case, at an altitude that is not lower than

(i) for aeroplanes, 1,000 feet above the highest obstacle located within a horizontal distance of 2,000 feet from the aeroplane,
(ii) for balloons, 500 feet above the highest obstacle located within a horizontal distance of 500 feet from the balloon, or
(iii) for an aircraft other than an aeroplane or a balloon, 1,000 feet above the highest obstacle located within a horizontal distance of 500 feet from the aircraft; and

(b) in circumstances other than those referred to in paragraph (a), at a distance less than 500 feet from any person, vessel, vehicle or structure.

SOR/2002-447, s. 2.

Permissible Low Altitude Flight

602.15 (1) A person may operate an aircraft at altitudes and distances less than those specified in subsection 602.14(2) where the aircraft is operated at altitudes and distances that are no less than necessary for the purposes of the operation in which the aircraft is engaged, the aircraft is operated without creating a hazard to persons or property on the surface and the aircraft is operated

(a) for the purpose of a police operation that is conducted in the service of a police authority;
(b) for the purpose of saving human life;
(c) for fire-fighting or air ambulance operations;
(d) for the purpose of the administration of the Fisheries Act or the Coastal Fisheries Protection Act;
(e) for the purpose of the administration of the national or provincial parks; or
(f) for the purpose of flight inspection.

(2) A person may operate an aircraft, to the extent necessary for the purpose of the operation in which the aircraft is engaged, at altitudes and distances less than those set out in

(a) paragraph 602.14(2)(a), where operation of the aircraft is authorized under Subpart 3 or section 702.22; or

(b) paragraph 602.14(2)(b), where the aircraft is operated without creating a hazard to persons or property on the surface and the aircraft is operated for the purpose of

(i) aerial application or aerial inspection,
(ii) aerial photography conducted by the holder of an air operator certificate,
(iii) helicopter external load operations, or
(iv) flight training conducted by or under the supervision of a qualified flight instructor.

Flights over Open-Air Assemblies of Persons or Built-up Areas — Helicopters with External Loads

602.16 (1) No person shall operate a helicopter that is carrying a Class B, C or D external load over an open-air assembly of persons.
(2) Except where authorized under section 603.66 or 702.22, no person shall operate a helicopter that is carrying a Class B, C or D external load over a built-up area.

Carriage of Persons during Low Altitude Flight

602.17 No person operating an aircraft shall conduct helicopter Class B, C or D external load operations or engage in aerial application or aerial inspection at altitudes less than 500 feet AGL while carrying on board any person other than a flight crew member, unless that person’s presence on board is essential to the purposes of the flight.

Flights over Built-up Areas — Balloons

602.18 (1) No person shall operate a balloon over a built-up area without carrying on board sufficient fuel to permit the balloon to fly clear of the built-up area, taking into consideration the take-off weight of the balloon, the ambient temperature and actual and forecast winds, and possible variations of those factors.
(2) No person shall operate a balloon on a flight that is planned to enter Class C airspace while over a built-up area unless the clearance to enter that airspace that is required pursuant to section 601.08 has been obtained from the appropriate air traffic control unit prior to take-off.

Right of Way — General

602.19 (1) Notwithstanding any other provision of this section,

(a) the pilot-in-command of an aircraft that has the right of way shall, if there is any risk of collision, take such action as is necessary to avoid collision; and
(b) where the pilot-in-command of an aircraft is aware that another aircraft is in an emergency situation, the pilot-in-command shall give way to that other aircraft.

(2) When two aircraft are converging at approximately the same altitude, the pilot-in-command of the aircraft that has the other on its right shall give way, except as follows:

(a) a power-driven, heavier-than-air aircraft shall give way to airships, gliders and balloons;
(b) an airship shall give way to gliders and balloons;
(c) a glider shall give way to balloons; and
(d) a power-driven aircraft shall give way to aircraft that are seen to be towing gliders or other objects or carrying a slung load.

(3) When two balloons operating at different altitudes are converging, the pilot-in-command of the balloon at the higher altitude shall give way to the balloon at the lower altitude.
(4) Where an aircraft is required to give way to another aircraft, the pilot-in-command of the first-mentioned aircraft shall not pass over or under, or cross ahead of, the other aircraft unless passing or crossing at such a distance as will not create a risk of collision.
(5) Where two aircraft are approaching head-on or approximately so and there is a risk of collision, the pilot-in-command of each aircraft shall alter its heading to the right.
(6) An aircraft that is being overtaken has the right of way and the pilot-in-command of the overtaking aircraft, whether climbing, descending or in level flight, shall give way to the other aircraft by altering the heading of the overtaking aircraft to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the pilot-in-command of the overtaking aircraft from this obligation until that aircraft has entirely passed and is clear of the other aircraft.
(7) Where an aircraft is in flight or manoeuvring on the surface, the pilot-in-command of the aircraft shall give way to an aircraft that is landing or about to land.
(8) The pilot-in-command of an aircraft that is approaching an aerodrome for the purpose of landing shall give way to any aircraft at a lower altitude that is also approaching the aerodrome for the purpose of landing.
(9) The pilot-in-command of an aircraft at a lower altitude, as described in subsection (8), shall not overtake or cut in front of an aircraft at a higher altitude that is in the final stages of an approach to land.
(10) No person shall conduct or attempt to conduct a take-off or landing in an aircraft until there is no apparent risk of collision with any aircraft, person, vessel, vehicle or structure in the take-off or landing path.

Right of Way — Aircraft Manoeuvring on Water

602.20 (1) Where an aircraft on the water has another aircraft or a vessel on its right, the pilot-in-command of the first-mentioned aircraft shall give way.
(2) Where an aircraft on the water is approaching another aircraft or a vessel head-on, or approximately so, the pilot-in-command of the first-mentioned aircraft shall alter its heading to the right.
(3) The pilot-in-command of an aircraft that is overtaking another aircraft or a vessel on the water shall alter its heading to keep well clear of the other aircraft or the vessel.

Avoidance of Collision

602.21 No person shall operate an aircraft in such proximity to another aircraft as to create a risk of collision.

Towing

602.22 No person shall operate an aeroplane that is towing an object unless the aeroplane is equipped with a tow hook and release control mechanism.
SOR/2006-77, s. 7.
Previous Version

Dropping of Objects

602.23 No person shall create a hazard to persons or property on the surface by dropping an object from an aircraft in flight.

Formation Flight

602.24 No person shall operate an aircraft in formation with other aircraft except by pre-arrangement between

(a) the pilots-in-command of the aircraft; or
(b) where the flight is conducted within a control zone, the pilots-in-command and the appropriate air traffic control unit.

Entering or Leaving an Aircraft in Flight

602.25 (1) No person shall enter or leave an aircraft in flight except with the permission of the pilot-in-command of the aircraft.

(2) No pilot-in-command of an aircraft shall permit a person to enter or leave the aircraft during flight unless

(a) the person leaves for the purpose of making a parachute descent;
(b) the entering or leaving is permitted under section 702.19; or

(c) the flight is conducted in accordance with

(i) a special flight operations certificate-special aviation event issued under section 603.02, or
(ii) a special flight operations certificate issued under section 603.67.

SOR/2006-77, s. 8.
Previous Version

Parachute Descents

602.26 Except where permitted in accordance with section 603.37, no pilot-in-command of an aircraft shall permit, and no person shall conduct, a parachute descent from the aircraft

(a) in or into controlled airspace or an air route; or
(b) over or into a built-up area or an open-air assembly of persons.

Aerobatic Manoeuvres — Prohibited Areas and Flight Conditions

602.27 No person operating an aircraft shall conduct aerobatic manoeuvres

(a) over a built-up area or an open-air assembly of persons;
(b) in controlled airspace, except in accordance with a special flight operations certificate issued pursuant to section 603.67;
(c) when flight visibility is less than three miles; or
(d) below 2,000 feet AGL, except in accordance with a special flight operations certificate issued pursuant to section 603.02 or 603.67.

Aerobatic Manoeuvres with Passengers

602.28 No person operating an aircraft with a passenger on board shall conduct an aerobatic manoeuvre unless the pilot-in-command of the aircraft has engaged in

(a) at least 10 hours dual flight instruction in the conducting of aerobatic manoeuvres or 20 hours conducting aerobatic manoeuvres; and
(b) at least one hour of conducting aerobatic manoeuvres in the preceding six months.

Hang Glider and Ultra-light Aeroplane Operation

602.29 (1) No person shall operate a hang glider or an ultra-light aeroplane

(a) at night;
(b) in IFR flight;
(c) subject to subsections (2) and (3), in controlled airspace;

(d) unless the aircraft is equipped with

(i) a suitable means of restraint that is attached to the primary structure of the aircraft,

(ii) a radiocommunication system adequate to permit two-way communication on the appropriate frequency when the aircraft is operated within

(A) Class D airspace,
(B) the ADIZ, or
(C) an MF area, and

(iii) where the aircraft is an ultra-light aeroplane, a placard that is affixed to a surface in plain view of any occupant seated at the flight controls and that states, "THIS AEROPLANE IS OPERATING WITHOUT A CERTIFICATE OF AIRWORTHINESS/CET AVION EST UTILISÉ SANS CERTIFICAT DE NAVIGABILITÉ";

(e) subject to subsections (4) and (5), while carrying another person on board; or

(f) unless each person on board

(i) is secured by a means of restraint referred to in subparagraph (d)(i), and
(ii) where the aircraft is not an advanced ultra-light aeroplane, is wearing a protective helmet.

(2) A person may operate a hang glider or an ultra-light aeroplane in controlled airspace

(a) within five nautical miles from the centre of an airport or heliport or within a control zone of an uncontrolled airport where the person has obtained permission from the airport or heliport operator;
(b) within a control zone of a controlled airport where the person has obtained an air traffic control clearance by two-way radio voice communication from the air traffic control unit of the airport; or
(c) where the aircraft is an advanced ultra-light aeroplane, if the aeroplane is equipped in accordance with section 605.14.

(3) A person may operate a hang glider in Class E airspace where

(a) the pilot

(i) is at least 16 years of age,
(ii) is in possession of a Category 1, 3 or 4 medical certificate, and
(iii) has obtained a grade of not less than 60 per cent on a Department of Transport written examination pertaining to the Canadian Aviation Regulations, air traffic procedures, flight instruments, navigation, flight operations and human factors respecting hang glider operations in Class E airspace;

(b) the hang glider is equipped with a magnetic compass and altimeter;
(c) the flight is a cross-country flight; and
(d) the pilot informs the nearest flight service station of the time of departure and estimated duration of the flight in Class E airspace.

(4) A person may operate

(a) a hang glider with one other person on board if the flight is conducted for the purpose of providing dual flight instruction; or

(b) an ultra-light aeroplane with one other person on board if

(i) the flight is conducted for the purpose of providing dual flight instruction,
(ii) the pilot is a holder of a pilot permit — ultra-light aeroplane endorsed with a passenger-carrying rating and the aeroplane has no restrictions against carrying another person, or
(iii) the other person is a holder of a pilot licence or permit, other than a student pilot permit, that allows them to act as pilot-in-command of an ultra-light aeroplane.

(5) A person may operate an advanced ultra-light aeroplane with another person on board where the pilot holds a permit or licence issued pursuant to Subpart 1 of Part IV that is appropriate to the functions or privileges being exercised.

SOR/2005-319, s. 7;
SOR/2007-87, s. 11.

Previous Version

Fuel Dumping

602.30 No person shall jettison fuel from an aircraft in flight unless

(a) it is necessary to do so in order to ensure aviation safety; and
(b) all appropriate measures are taken to minimize danger to human life and damage to the environment, insofar as the circumstances permit.

Compliance with Air Traffic Control Instructions and Clearances

602.31 (1) Subject to subsection (3), the pilot-in command of an aircraft shall

(a) comply with and acknowledge, to the appropriate air traffic control unit, all of the air traffic control instructions directed to and received by the pilot-in-command; and

(b) comply with all of the air traffic control clearances received and accepted by the pilot-in-command and

(i) subject to subsection (2), in the case of an IFR flight, read back to the appropriate air traffic control unit the text of any air traffic control clearance received, and
(ii) in the case of a VFR flight, read back to the appropriate air traffic control unit the text of any air traffic control clearance received, when so requested by the air traffic control unit.

(2) Except if requested to do so by an air traffic control unit, the pilot-in-command of an IFR aircraft is not required to read back the text of an air traffic control clearance pursuant to paragraph (1)(b)(i) where

(a) the air traffic control clearance is received on the ground by the pilot-in-command before departing from a controlled aerodrome in respect of which a standard instrument departure procedure is specified in the Canada Air Pilot; or
(b) the receipt of the air traffic control clearance is acknowledged by the pilot-in-command by electronic means.

(3) The pilot-in-command of an aircraft may deviate from an air traffic control clearance or an air traffic control instruction to the extent necessary to carry out a collision avoidance manoeuvre, if the manoeuvre is carried out

(a) in accordance with a resolution advisory generated by an ACAS; or
(b) in response to an alert from a TAWS or a Ground Proximity Warning System (GPWS).

(4) The pilot-in-command of an aircraft shall

(a) as soon as possible after initiating the collision avoidance manoeuvre referred to in subsection (3), inform the appropriate air traffic control unit of the deviation; and
(b) immediately after completing the collision avoidance manoeuvre referred to in subsection (3), comply with the last air traffic control clearance received and accepted by, or the last air traffic control instruction received and acknowledged by, the pilot-in-command.

SOR/2012-136, s. 7.
Previous Version

Airspeed Limitations

602.32 (1) Subject to subsection (2), no person shall

(a) operate an aircraft at an indicated airspeed of more than 250 knots if the aircraft is below 10,000 feet ASL; or
(b) operate an aircraft at an indicated airspeed of more than 200 knots if the aircraft is below 3,000 feet AGL within 10 nautical miles of a controlled aerodrome unless authorized to do so in an air traffic control clearance.

(2) A person may operate an aircraft at an indicated airspeed greater than the airspeeds referred to in subsection (1) if the aircraft is being operated in accordance with a special flight operations certificate – special aviation event issued pursuant to section 603.02.
(3) If the minimum safe airspeed for the flight configuration of an aircraft is greater than the airspeed referred to in subsection (1), the aircraft shall be operated at the minimum safe airspeed.

SOR/2010-219, s. 2.
Previous Version

Supersonic Flight

602.33 No person shall operate an aircraft at a true Mach number of 1 or greater.

Cruising Altitudes and Cruising Flight Levels

602.34 (1) The appropriate cruising altitude or cruising flight level for an aircraft in level cruising flight is determined in accordance with

(a) the magnetic track, in the Southern Domestic Airspace; and
(b) the true track, in the Northern Domestic Airspace.

(2) Subject to subsection (3), the pilot-in-command of an aircraft shall ensure that the aircraft is operated at a cruising altitude or cruising flight level appropriate to the track, as set out in the table to this section, unless the pilot-in-command is assigned another altitude or flight level by an air traffic control unit and the aircraft is operated in level cruising flight

(a) at more than 3,000 feet AGL, in VFR flight; or
(b) in IFR flight.

(3) Subsection (2) does not apply where an aircraft is operated for the purpose of aerial survey or mapping and the following conditions are met:

(a) the pilot-in-command of the aircraft contacts the appropriate air traffic control unit as far in advance as possible of the proposed flight;
(b) the pilot-in-command of the aircraft provides, as far in advance as possible of the proposed take-off time of the aircraft, to any air traffic control unit that so requests, a topographical map at either a 1:500 000 or a 1:1 000 000 scale of the area to be surveyed or mapped, with proposed tracks and planned entry and exit points clearly delineated on the map;
(c) the pilot-in-command of the aircraft files a flight plan or flight itinerary with an air traffic control unit as far in advance as possible of the proposed take-off time of the aircraft;

(d) the flight plan or flight itinerary referred to in paragraph (c) specifies the area to be surveyed or mapped

(i) by reference to the relevant maps of the National Topographic System,
(ii) by reference to the geographic co-ordinates of the area, or
(iii) where required by an air traffic control unit, by reference to the air photograph block reference grid map provided by the air traffic control unit; and

(e) where the aircraft is operated in controlled airspace, it is operated in accordance with an air traffic control clearance.

TABLE
CRUISING ALTITUDES AND CRUISING FLIGHT LEVELS APPROPRIATE TO AIRCRAFT TRACK

TRACK
000° — 179°

TRACK
180° — 359°

Column I
Column II
Column III
Column IV

IFR
VFR
IFR
VFR

1,000
-
Cruising Altitudes or Cruising Flight Levels — 18,000 feet and below
2,000
-

3,000
3,500
4,000
4,500

5,000
5,500
6,000
6,500

7,000
7,500
8,000
8,500

9,000
9,500
10,000
10,500

11,000
11,500
12,000
12,500

13,000
13,500
14,000
14,500

15,000
15,500
16,000
16,500

17,000
17,500

All Flights

All Flights

190
Cruising Flight Levels — 180 to 590
180

210
200

230
220

250
240

270
260

290
280

330
310

370
350

410
390

450
430

490
470

530
510

570
550

590

Altimeter-setting and Operating Procedures in the Altimeter-setting Region

602.35 When an aircraft is operated in the altimeter-setting region, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall

(a) immediately before conducting a take-off from an aerodrome, set the altimeter to the altimeter setting of the aerodrome or, if that altimeter setting is not obtainable, to the elevation of the aerodrome;
(b) while in flight, set the altimeter to the altimeter setting of the nearest station along the route of flight or, where the nearest stations along the route of flight are separated by more than 150 nautical miles, to the altimeter setting of a station near the route of flight; and
(c) immediately before commencing a descent for the purpose of landing at an aerodrome, set the altimeter to the altimeter setting of the aerodrome, if that altimeter setting is obtainable.

Altimeter-setting and Operating Procedures in the Standard Pressure Region

602.36 (1) When an aircraft is operated in the standard pressure region, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall

(a) immediately before conducting a take-off from an aerodrome, set the altimeter to the altimeter setting of the aerodrome or, if that altimeter setting is not obtainable, to the elevation of the aerodrome;
(b) before reaching the flight level at which the flight is to be conducted, set the altimeter to 29.92 inches of mercury or 1,013.2 millibars; and
(c) immediately before commencing a descent for the purpose of landing at an aerodrome, set the altimeter to the altimeter setting of the aerodrome, if that altimeter setting is obtainable.

(2) Notwithstanding paragraph (1)(c), when a holding procedure is being conducted before landing at an aerodrome located in the standard pressure region, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall set the altimeter to the altimeter setting of the aerodrome immediately before descending below the lowest flight level at which the holding procedure is conducted.

Altimeter-setting and Operating Procedures in Transition between Regions

602.37 Except where otherwise authorized by an air traffic control unit, each flight crew member who occupies a flight crew member position that is equipped with an altimeter shall

(a) when flying from the altimeter-setting region into the standard pressure region, set the altimeter to 29.92 inches of mercury or 1,013.2 millibars immediately after the aircraft’s entry into the standard pressure region; and
(b) when flying from the standard pressure region into the altimeter-setting region, set the altimeter to the altimeter setting of the nearest station along the route of flight or, where the nearest stations along the route of flight are separated by more than 150 nautical miles, the altimeter setting of a station near the route of flight immediately before the aircraft’s entry into the altimeter-setting region.

Flight over the High Seas

602.38 The pilot-in-command of a Canadian aircraft that is in flight over the high seas shall comply with the applicable Rules of the Air set out in Annex 2 to the Convention and the applicable Regional Supplementary Procedures set out in Document 7030/4 of the International Civil Aviation Organization (ICAO).

Transoceanic Flight

602.39 No pilot-in-command of a single-engined aircraft, or of a multi-engined aircraft that would be unable to maintain flight in the event of the failure of any engine, shall commence a flight that will leave Canadian Domestic Airspace and enter airspace over the high seas unless

(a) the pilot-in-command holds a pilot licence endorsed with an instrument rating;

(b) the aircraft is equipped with

(i) the equipment referred to in section 605.18,
(ii) a high frequency radio capable of transmitting and receiving on a minimum of two appropriate international air-ground general purpose frequencies, and
(iii) hypothermia protection for each person on board; and

(c) the aircraft carries sufficient fuel to meet the requirements of section 602.88 and, in addition, carries contingency fuel equal to at least 10 per cent of the fuel required pursuant to section 602.88 to complete the flight to the aerodrome of destination.

Landing at or Take-off from an Aerodrome at Night

602.40 (1) Subject to subsection (2), no person shall conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome unless the aerodrome is lighted in accordance with the aerodrome lighting requirements specified in Part III.

(2) A person may conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome that is not lighted in accordance with the requirements referred to in subsection (1) where

(a) the flight is conducted without creating a hazard to persons or property on the surface; and

(b) the aircraft is operated

(i) for the purpose of a police operation that is conducted in the service of a police authority, or
(ii) for the purpose of saving human life.

Unmanned Air Vehicles

602.41 No person shall operate an unmanned air vehicle in flight except in accordance with a special flight operations certificate or an air operator certificate.
SOR/2003-271, s. 6.

Large Unoccupied Free Balloons

602.42 No person shall release an unoccupied free balloon having a gas-carrying capacity of more than 115 cubic feet (3.256 m3) except in accordance with an authorization issued by the Minister pursuant to section 602.44.

Rockets

602.43 No person shall launch a rocket, other than a model rocket or a rocket of a type used in a fireworks display, except in accordance with an authorization issued by the Minister pursuant to section 602.44.

Authorization by the Minister

602.44 The Minister may issue an authorization referred to in section 602.42 or 602.43 where the release of the balloon or the launch of the rocket is in the public interest and is not likely to affect aviation safety.

Model Aircraft, Kites and Model Rockets

602.45 No person shall fly a model aircraft or a kite or launch a model rocket or a rocket of a type used in a fireworks display into cloud or in a manner that is or is likely to be hazardous to aviation safety.

Refusal to Transport

602.46 No air operator or private operator shall transport a person if at the time of check-in or at boarding the actions or statements of the person indicate that the person may present a risk to the safety of the aircraft, persons or property.
SOR/2009-90, s. 3.

[602.47 to 602.56 reserved]
Division II — Operational and Emergency Equipment Requirements

Application

602.57 This Division applies to persons operating

(a) Canadian aircraft; and
(b) foreign aircraft in Canada where those persons are Canadian citizens, permanent residents or corporations incorporated by or under the laws of Canada or a province.

Prohibition

602.58 No person shall operate an aircraft referred to in section 602.57 unless the operational and emergency equipment required by these Regulations is carried on board.

Equipment Standards

602.59 (1) Subject to subsection (2), no person shall operate an aircraft unless the operational and emergency equipment carried on board the aircraft

(a) meets the applicable standards specified in the Airworthiness Manual; and
(b) is functional.

(2) Paragraph (1)(a) does not apply in respect of the following operational and emergency equipment:

(a) survival equipment;
(b) a personal flotation device;
(c) a hand-held fire extinguisher, except if carried on board an aircraft operated under Subpart 4 or Part VII, where the extinguisher meets the applicable standards published by the Canadian Standards Association;
(d) a first aid kit, except if carried on board an aircraft operated under Subpart 4 or Part VII;
(e) aeronautical charts and publications;
(f) a timepiece; and
(g) a flashlight.

Requirements for Power-driven Aircraft

602.60 (1) No person shall conduct a take-off in a power-driven aircraft, other than an ultra-light aeroplane, unless the following operational and emergency equipment is carried on board:

(a) a checklist or placards that enable the aircraft to be operated in accordance with limitations specified in the aircraft flight manual, aircraft operating manual, pilot operating handbook or any equivalent document provided by the manufacturer;
(b) all of the necessary current aeronautical charts and publications covering the route of the proposed flight and any probable diversionary route, if the aircraft is operated in VFR OTT, night VFR flight or IFR flight;
(c) a current database, if the aircraft is operated in IFR flight, in VFR OTT flight or in night VFR flight under Subpart 4 of Part VI or Subpart 2, 3, 4 or 5 of Part VII and database-dependent navigation equipment is used;
(d) current data covering the route of the proposed flight and any probable diversionary route, if the aircraft is operated in VFR OTT flight other than VFR OTT flight referred to in paragraph (c) and database-dependent navigation equipment is used;

(e) a hand-held fire extinguisher in the cockpit that

(i) is of a type suitable for extinguishing fires that are likely to occur,
(ii) is designed to minimize the hazard of toxic gas concentrations, and
(iii) is readily available to each flight crew member;

(f) a timepiece that is readily available to each flight crew member;
(g) a flashlight that is readily available to each crew member, if the aircraft is operated at night; and
(h) a first aid kit.

(2) A checklist or placards referred to in paragraph (1)(a) shall enable the aircraft to be operated in normal, abnormal and emergency conditions and shall include

(a) a pre-start check;
(b) a pre-take-off check;
(c) a post-take-off check;
(d) a pre-landing check; and
(e) emergency procedures.

(3) Emergency procedures referred to in paragraph (2)(e) shall include

(a) emergency operation of fuel, hydraulic, electrical and mechanical systems, where applicable;
(b) emergency operation of instruments and controls, where applicable;
(c) engine inoperative procedures; and
(d) any other procedure that is necessary for aviation safety.

(4) Checks and emergency procedures referred to in subsections (2) and (3) shall be performed and followed where they are applicable.

SOR/2006-77, s. 9;
SOR/2015-160, s. 27(F).

Previous Version

Survival Equipment — Flights over Land

602.61 (1) Subject to subsection (2), no person shall operate an aircraft over land unless there is carried on board survival equipment, sufficient for the survival on the ground of each person on board, given the geographical area, the season of the year and anticipated seasonal climatic variations, that provides the means for

(a) starting a fire;
(b) providing shelter;
(c) providing or purifying water; and
(d) visually signalling distress.

(2) Subsection (1) does not apply in respect of

(a) a balloon, a glider, a hang glider, a gyroplane or an ultra-light aeroplane;
(b) an aircraft that is operated within 25 nautical miles of the aerodrome of departure and that has the capability of radiocommunication with a surface-based radio station for the duration of the flight;

(c) a multi-engined aircraft that is operated south of 66° 30’ north latitude

(i) in IFR flight within controlled airspace, or
(ii) along designated air routes;

(d) an aircraft that is operated by an air operator, where the aircraft is equipped with equipment specified in the air operator’s company operations manual, but not with the equipment required by subsection (1); or
(e) an aircraft that is operated in a geographical area where and at a time of year when the survival of the persons on board is not jeopardized.

Life Preservers and Flotation Devices

602.62 (1) No person shall conduct a take-off or a landing on water in an aircraft or operate an aircraft over water beyond a point where the aircraft could reach shore in the event of an engine failure, unless a life preserver, individual flotation device or personal flotation device is carried for each person on board.
(2) No person shall operate a land aeroplane, gyroplane, helicopter or airship at more than 50 nautical miles from shore unless a life preserver is carried for each person on board.
(3) No person shall operate a balloon at more than two nautical miles from shore unless a life preserver, individual flotation device or personal flotation device is carried for each person on board.
(4) For aircraft other than balloons, every life preserver, individual flotation device and personal flotation device referred to in this section shall be stowed in a position that is easily accessible to the person for whose use it is provided, when that person is seated.

Life Rafts and Survival Equipment — Flights over Water

602.63 (1) No person shall operate over water a single-engined aeroplane, or a multi-engined aeroplane that is unable to maintain flight with any engine failed, at more than 100 nautical miles, or the distance that can be covered in 30 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board.
(2) Subject to subsection (3), no person shall operate over water a multi-engined aeroplane that is able to maintain flight with any engine failed at more than 200 nautical miles, or the distance that can be covered in 60 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board.
(3) A person may operate over water a transport category aircraft that is an aeroplane, at up to 400 nautical miles, or the distance that can be covered in 120 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site without the life rafts referred to in subsection (2) being carried on board.
(4) No person shall operate over water a single-engined helicopter, or a multi-engined helicopter that is unable to maintain flight with any engine failed, at more than 25 nautical miles, or the distance that can be covered in 15 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board.
(5) No person shall operate over water a multi-engined helicopter that is able to maintain flight with any engine failed at more than 50 nautical miles, or the distance that can be covered in 30 minutes of flight at the cruising speed filed in the flight plan or flight itinerary, whichever distance is the lesser, from a suitable emergency landing site unless life rafts are carried on board and are sufficient in total rated capacity to accommodate all of the persons on board.

(6) The life rafts referred to in this section shall be

(a) stowed so that they are easily accessible for use in the event of a ditching;
(b) installed in conspicuously marked locations near an exit; and

(c) equipped with an attached survival kit, sufficient for the survival on water of each person on board the aircraft, given the geographical area, the season of the year and anticipated seasonal climatic variations, that provides a means for

(i) providing shelter,
(ii) providing or purifying water, and
(iii) visually signalling distress.

(7) Where a helicopter is required to carry life rafts pursuant to subsection (4) or (5), no person shall operate the helicopter over water having a temperature of less than 10oC unless

(a) a helicopter passenger transportation suit system that conforms to paragraph 551.407(c) of the Airworthiness Manual is provided for each passenger on board;
(b) a helicopter crew member transportation suit system is provided for each crew member on board; and
(c) the pilot-in-command directs all persons on board to wear their helicopter transportation suit system.

(8) Every person who has been directed to wear a helicopter transportation suit system pursuant to paragraph (7)(c) shall wear that suit system.

SOR/2015-84, s. 3.
Previous Version

Offshore Operations Flight

602.64 (1) Subject to section 602.65, no person shall dispatch or conduct a take-off in a helicopter to conduct an offshore operations flight if, during the pre-flight check required under section 602.71 or the weather check required under section 602.72, the pilot-in-command or the air operator is aware that the sea state at any point along the planned route exceeds the sea state for which the helicopter is certified, as part of its type design, to conduct a ditching.
(2) An air operator who uses a helicopter to conduct an offshore operations flight shall notify the pilot-in-command if, at take-off or during the flight, the air operator is or becomes aware that the sea state at any point along the planned route between the position of the helicopter and the destination exceeds the sea state for which the helicopter is certified, as part of its type design, to conduct a ditching.
(3) If the pilot-in-command of a helicopter who is conducting an offshore operations flight is or becomes aware that the sea state at any point along the planned route between the position of the helicopter and the destination exceeds the sea state for which the helicopter is certified, as part of its type design, to conduct a ditching, the pilot-in-command shall, subject to section 602.65, proceed directly to a land base.

SOR/2015-84, s. 4.

Emergency Exception

602.65 Subsections 602.64(1) and (3) do not apply in respect of an offshore operations flight conducted for the purpose of responding to an emergency.
SOR/2015-84, s. 4.

Emergency Underwater Breathing Apparatus (EUBA)

602.66 (1) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters unless

(a) a EUBA is provided for each person on board;

(b) each EUBA

(i) is readily accessible for immediate use in the event of a ditching,
(ii) can be donned quickly,
(iii) provides a supplemental air supply that is effective to a depth of at least 3.6 m, and
(iv) is not likely to pose a snagging risk during an evacuation of the helicopter; and

(c) each person on board has, in the 36-month period preceding the flight, received EUBA training that

(i) is specific to the type of EUBA provided,
(ii) includes classroom theory training on the use of the EUBA and its limits and hazards, and
(iii) includes practical pool training that simulates the evacuation of a helicopter that has overturned or is sinking after a ditching.

(2) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters that have a temperature of 10°C or more unless the EUBA that is provided for a person under subsection (1) is attached to the life preserver, individual flotation device or personal flotation device that is carried on board the helicopter for that person.

(3) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters that have a temperature of less than 10°C unless the EUBA that is provided for a person under subsection (1)

(a) is in a pocket or pouch that is part of the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system;
(b) is in a pouch that is worn with the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system; or
(c) is attached to the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system.

SOR/2015-84, s. 4.

[602.67 to 602.69 reserved]
Division III — Flight Preparation, Flight Plans and Flight Itineraries

Interpretation

602.70 In this Division,

overdue

overdue, in respect of an aircraft, means an aircraft for which an arrival report has not been filed

(a) where a flight plan has been filed in respect of the aircraft,

(i) if a search and rescue notification time is specified in the flight plan, immediately after the last reported such time, or
(ii) in all other cases, within one hour after the last reported estimated time of arrival, or

(b) where a flight itinerary has been filed in respect of the aircraft,

(i) if a search and rescue notification time is specified in the flight itinerary, immediately after the last reported such time, or
(ii) in all other cases, within 24 hours after the last reported estimated time of arrival; (en retard)

responsible person

responsible person means an individual who has agreed with the person who has filed a flight itinerary to ensure that the following are notified in the manner prescribed in this Division, if the aircraft is overdue, namely,

(a) an air traffic control unit, a flight service station or a community aerodrome radio station, or
(b) a Rescue Co-ordination Centre. (personne de confiance)

Pre-flight Information

602.71 The pilot-in-command of an aircraft shall, before commencing a flight, be familiar with the available information that is appropriate to the intended flight.

Weather Information

602.72 The pilot-in-command of an aircraft shall, before commencing a flight, be familiar with the available weather information that is appropriate to the intended flight.

Requirement to File a Flight Plan or a Flight Itinerary

602.73 (1) Subject to subsection (3), no pilot-in-command shall operate an aircraft in IFR flight unless an IFR flight plan has been filed.
(2) No pilot-in-command shall operate an aircraft in VFR flight unless a VFR flight plan or a VFR flight itinerary has been filed, except where the flight is conducted within 25 nautical miles of the departure aerodrome.

(3) A pilot-in-command may file an IFR flight itinerary instead of an IFR flight plan where

(a) the flight is conducted in part or in whole outside controlled airspace; or
(b) facilities are inadequate to permit the communication of flight plan information to an air traffic control unit, a flight service station or a community aerodrome radio station.

(4) Notwithstanding anything in this Division, no pilot-in-command shall, unless a flight plan has been filed, operate an aircraft between Canada and a foreign state.

Contents of a Flight Plan or a Flight Itinerary

602.74 A flight plan or flight itinerary shall contain such information as is specified by the Minister in the Canada Flight Supplement.

Filing of a Flight Plan or a Flight Itinerary

602.75 (1) A flight plan shall be filed with an air traffic control unit, a flight service station or a community aerodrome radio station.
(2) A flight itinerary shall be filed with a responsible person, an air traffic control unit, a flight service station or a community aerodrome radio station.

(3) A flight plan or flight itinerary shall be filed by

(a) sending, delivering or otherwise communicating the flight plan or flight itinerary or the information contained therein; and
(b) receiving acknowledgement that the flight plan or flight itinerary or the information contained therein has been received.

Changes in the Flight Plan

602.76 (1) The pilot-in-command of an aircraft for which an IFR flight plan or an IFR flight itinerary has been filed shall follow the procedure set out in subsection (2) where the pilot-in-command intends to make any change in the plan or itinerary in respect of

(a) the cruising altitude or cruising flight level;
(b) the route of flight;
(c) the destination aerodrome;
(d) in the case of a flight plan, the true airspeed at the cruising altitude or cruising flight level, where the change intended is five per cent or more of the true airspeed specified in the IFR flight plan; or
(e) the Mach number, where the change intended is .01 or more of the Mach number that has been included in the air traffic control clearance.

(2) A pilot-in-command of an aircraft who intends to make any of the changes in the IFR flight plan or the IFR flight itinerary that are referred to in subsection (1) shall

(a) notify as soon as practicable an air traffic control unit or the responsible person, as the case may be, of the intended change; and
(b) where the flight is being conducted in controlled airspace, receive an air traffic control clearance before making the intended change.

(3) The pilot-in-command of an aircraft for which a VFR flight plan or a VFR flight itinerary has been filed shall follow the procedure set out in subsection (4) where the pilot-in-command intends to make a change in the plan or itinerary in respect of

(a) the route of flight;
(b) the duration of the flight; or
(c) the destination aerodrome.

(4) A pilot-in-command of an aircraft who intends to make any of the changes in the VFR flight plan or the VFR flight itinerary that are referred to in subsection (3) shall notify as soon as practicable an air traffic control unit, a flight service station, a community aerodrome radio station or the responsible person, of the intended change.

Requirement to File an Arrival Report

602.77 (1) Subject to subsections (3) and (4), a pilot-in-command of an aircraft who terminates a flight in respect of which a flight plan has been filed under subsection 602.75(1) shall ensure that an arrival report is filed with an air traffic control unit, a flight service station or a community aerodrome radio station as soon as practicable after landing but not later than

(a) the search and rescue action initiation time specified in the flight plan; or
(b) where no search and rescue action initiation time is specified in the flight plan, one hour after the last reported estimated time of arrival.

(2) Subject to subsection (4), a pilot-in-command of an aircraft who terminates a flight in respect of which a flight itinerary has been filed under subsection 602.75(2) shall ensure that an arrival report is filed with an air traffic control unit, a flight service station, a community aerodrome radio station or, if the flight itinerary was filed with a responsible person, the responsible person, as soon as practicable after landing but not later than

(a) the search and rescue action initiation time specified in the flight itinerary; or
(b) where no search and rescue action initiation time is specified in the flight itinerary, 24 hours after the last reported estimated time of arrival.

(3) A pilot-in-command who terminates an IFR flight at an aerodrome where there is an operating air traffic control unit or flight service station is not required to file an arrival report unless requested to do so by the appropriate air traffic control unit.
(4) A pilot-in-command of an aircraft who conducts a flight in respect of which a flight plan or flight itinerary has been filed with an air traffic control unit, flight service station or community aerodrome radio station may file an arrival report by closing the flight plan or flight itinerary with an air traffic control unit, flight service station or community aerodrome radio station prior to landing.

SOR/2006-77, s. 10.
Previous Version

Contents of an Arrival Report

602.78 An arrival report shall contain such information as is specified by the Minister in the Canada Flight Supplement.

Overdue Aircraft Report

602.79 Any person who assumes responsibilities with respect to an aircraft and who has reason to believe that the aircraft is overdue, or any other person who has been directed by that person to do so, shall immediately, by the quickest means available,

(a) notify an air traffic control unit, a flight service station, a community aerodrome radio station or a Rescue Co-ordination Centre; and
(b) provide, to the best of the person’s knowledge, all of the available information concerning the overdue aircraft that may be requested by the air traffic control unit, the flight service station, the community aerodrome radio station or the Rescue Co-ordination Centre.

[602.80 to 602.85 reserved]
Division IV — Pre-Flight and Fuel Requirements

Carry-on Baggage, Equipment and Cargo

602.86 (1) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board, unless the carry-on baggage, equipment and cargo are

(a) stowed in a bin, compartment, rack or other location that is certified in accordance with the aircraft type certificate in respect of the stowage of carry-on baggage, equipment or cargo; or
(b) restrained so as to prevent them from shifting during movement of the aircraft on the surface and during take-off, landing and in-flight turbulence.

(2) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board unless

(a) the safety equipment, the normal and emergency exits that are accessible to passengers and the aisles between the flight deck and a passenger compartment are not wholly or partially blocked by carry-on baggage, equipment or cargo;
(b) all of the equipment and cargo that are stowed in a passenger compartment are packaged or covered to avoid possible injury to persons on board;

(c) where the aircraft is type-certificated to carry 10 or more passengers and passengers are carried on board,

(i) no passenger’s view of any “seat belt” sign, “no smoking” sign or exit sign is obscured by carry-on baggage, equipment or cargo except if an auxiliary sign is visible to the passenger or another means of notification of the passenger is available,
(ii) all of the passenger service carts and trolleys are securely restrained during movement of the aircraft on the surface, take-off and landing, and during in-flight turbulence where the pilot-in-command or in-charge flight attendant has directed that the cabin be secured pursuant to subsection 605.25(3) or (4), and
(iii) all of the video monitors that are suspended from the ceiling of the aircraft and extend into an aisle are stowed and securely restrained during take-off and landing; and

(d) all of the cargo that is stowed in a compartment to which crew members have access is stowed in such a manner as to allow a crew member to effectively reach all parts of the compartment with a hand-held fire extinguisher.

SOR/2002-353, s. 1(F).

Crew Member Instructions

602.87 The pilot-in-command of an aircraft shall ensure that each crew member, before acting as a crew member on board the aircraft, has been instructed with respect to

(a) the duties that the crew member is to perform; and
(b) the location and use of all of the normal and emergency exits and of all of the emergency equipment that is carried on board the aircraft.

Fuel Requirements

602.88 (1) This section does not apply in respect of any glider, balloon or ultra-light aeroplane.
(2) No pilot-in-command of an aircraft shall commence a flight or, during flight, change the destination aerodrome set out in the flight plan or flight itinerary, unless the aircraft carries sufficient fuel to ensure compliance with subsections (3) to (5).

(3) An aircraft operated in VFR flight shall carry an amount of fuel that is sufficient to allow the aircraft

(a) in the case of an aircraft other than a helicopter,

(i) when operated during the day, to fly to the destination aerodrome and then to fly for a period of 30 minutes at normal cruising speed, or
(ii) when operated at night, to fly to the destination aerodrome and then to fly for a period of 45 minutes at normal cruising speed; or

(b) in the case of a helicopter, to fly to the destination aerodrome and then to fly for a period of 20 minutes at normal cruising speed.

(4) An aircraft operated in IFR flight shall carry an amount of fuel that is sufficient to allow the aircraft

(a) in the case of a propeller-driven aeroplane,

(i) where an alternate aerodrome is specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome, to fly to and land at the alternate aerodrome and then to fly for a period of 45 minutes, or
(ii) where an alternate aerodrome is not specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome and then to fly for a period of 45 minutes; or

(b) in the case of a turbo-jet-powered aeroplane or a helicopter,

(i) where an alternate aerodrome is specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome, to fly to and land at the alternate aerodrome and then to fly for a period of 30 minutes, or
(ii) where an alternate aerodrome is not specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome and then to fly for a period of 30 minutes.

(5) Every aircraft shall carry an amount of fuel that is sufficient to provide for

(a) taxiing and foreseeable delays prior to take-off;
(b) meteorological conditions;
(c) foreseeable air traffic routings and traffic delays;
(d) landing at a suitable aerodrome in the event of loss of cabin pressurization or, in the case of a multi-engined aircraft, failure of any engine, at the most critical point during the flight; and
(e) any other foreseeable conditions that could delay the landing of the aircraft.

Passenger Briefings

602.89 (1) The pilot-in-command of an aircraft shall ensure that all of the passengers on board the aircraft are briefed before take-off with respect to the following, where applicable:

(a) the location and means of operation of emergency and normal exits;
(b) the location and means of operation of safety belts, shoulder harnesses and restraint devices;
(c) the positioning of seats and the securing of seat backs and chair tables;
(d) the stowage of carry-on baggage;
(e) where the aircraft is unpressurized and it is possible that the flight will require the use of oxygen by the passengers, the location and means of operation of oxygen equipment; and
(f) any prohibition against smoking.

(2) The pilot-in-command of an aircraft shall ensure that all of the passengers on board the aircraft are briefed

(a) in the case of an over-water flight where the carriage of life preservers, individual flotation devices or personal flotation devices is required pursuant to section 602.62, before commencement of the over-water portion of the flight, with respect to the location and use of those items; and
(b) in the case of a pressurized aircraft that is to be operated at an altitude above FL 250, before the aircraft reaches FL 250, with respect to the location and means of operation of oxygen equipment.

(3) The pilot-in-command of an aircraft shall, before take-off, ensure that all of the passengers on board the aircraft are provided with information respecting the location and use of

(a) first aid kits and survival equipment;
(b) where the aircraft is a helicopter or a small aircraft that is an aeroplane, any ELT that is required to be carried on board pursuant to section 605.38; and
(c) any life raft that is required to be carried on board pursuant to section 602.63.

[602.90 to 602.95 reserved]
Division V — Operations at or in the Vicinity of an Aerodrome

General

602.96 (1) This section applies to persons operating VFR or IFR aircraft at or in the vicinity of an uncontrolled or controlled aerodrome.

(2) Before taking off from, landing at or otherwise operating an aircraft at an aerodrome, the pilot-in-command of the aircraft shall be satisfied that

(a) there is no likelihood of collision with another aircraft or a vehicle; and
(b) the aerodrome is suitable for the intended operation.

(3) The pilot-in-command of an aircraft operating at or in the vicinity of an aerodrome shall

(a) observe aerodrome traffic for the purpose of avoiding a collision;
(b) conform to or avoid the pattern of traffic formed by other aircraft in operation;
(c) make all turns to the left when operating within the aerodrome traffic circuit, except where right turns are specified by the Minister in the Canada Flight Supplement or where otherwise authorized by the appropriate air traffic control unit;
(d) where the aerodrome is an airport, comply with any airport operating restrictions specified by the Minister in the Canada Flight Supplement;
(e) where practicable, land and take off into the wind unless otherwise authorized by the appropriate air traffic control unit;
(f) maintain a continuous listening watch on the appropriate frequency for aerodrome control communications or, if this is not possible and an air traffic control unit is in operation at the aerodrome, keep a watch for such instructions as may be issued by visual means by the air traffic control unit; and
(g) where the aerodrome is a controlled aerodrome, obtain from the appropriate air traffic control unit, either by radio communication or by visual signal, clearance to taxi, take off from or land at the aerodrome.

(4) Unless otherwise authorized by the appropriate air traffic control unit, no pilot-in-command shall operate an aircraft at an altitude of less than 2,000 feet over an aerodrome except for the purpose of landing or taking off or if the aircraft is operated pursuant to subsection (5).

(5) Where it is necessary for the purposes of the operation in which the aircraft is engaged, a pilot-in-command may operate an aircraft at an altitude of less than 2,000 feet over an aerodrome, where it is being operated

(a) in the service of a police authority;
(b) for the purpose of saving human life;
(c) for fire-fighting or air ambulance operations;
(d) for the purpose of the administration of the Fisheries Act or the Coastal Fisheries Protection Act;
(e) for the purpose of the administration of the national or provincial parks;
(f) for the purpose of flight inspection;
(g) for the purpose of aerial application or aerial inspection;
(h) for the purpose of highway or city traffic patrol;
(i) for the purpose of aerial photography conducted by the holder of an air operator certificate;
(j) for the purpose of helicopter external load operations; or
(k) for the purpose of flight training conducted by the holder of a flight training unit operator certificate.

(6) No person shall conduct a take-off or landing at a designated airport without an aircraft fire-fighting service in an aeroplane in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers if the aeroplane is operated under

(a) Part VI, Subpart 4; or
(b) Part VII, Subpart 1 or 5.

(7) Subsection (6) does not apply in respect of

(a) a cargo flight without passengers;
(b) a ferry flight;
(c) a positioning flight;
(d) a training flight if no fare-paying passengers are on board;
(e) the arrival of an aeroplane when the airport is being used for a diversion or as an alternate aerodrome; or

(f) the subsequent departure of an aeroplane referred to in paragraph (e) if

(i) the air operator or private operator has notified the operator of the designated airport of the intended time of departure,
(ii) the operator of the designated airport has advised the air operator or private operator that aircraft fire-fighting services cannot be made available within one hour after the later of the time that notification was given under subparagraph (i) and the time of landing, and
(iii) the pilot-in-command and the operations manager of the air operator or private operator have agreed that the aeroplane will depart without aircraft fire-fighting services being available.

SOR/2003-59, s. 1.

VFR and IFR Aircraft Operations at Uncontrolled Aerodromes within an MF Area

602.97 (1) Subject to subsection (3), no pilot-in-command shall operate a VFR or IFR aircraft within an MF area unless the aircraft is equipped with radiocommunication equipment pursuant to Subpart 5.
(2) The pilot-in-command of a VFR or IFR aircraft operating within an MF area shall maintain a listening watch on the mandatory frequency specified for use in the MF area.

(3) The pilot-in-command of a VFR aircraft that is not equipped with the radiocommunication equipment referred to in subsection (1) may operate the aircraft to or from an uncontrolled aerodrome that lies within an MF area if

(a) a ground station is in operation at the aerodrome;
(b) prior notice of the pilot-in-command’s intention to operate the aircraft at the aerodrome has been given to the ground station;
(c) when conducting a take-off, the pilot-in-command ascertains by visual observation that there is no likelihood of collision with another aircraft or a vehicle during take-off; and
(d) when approaching for a landing, the aircraft enters the aerodrome traffic circuit from a position that will require it to complete two sides of a rectangular circuit before turning onto the final approach path.

General MF Reporting Requirements

602.98 (1) Every report made pursuant to this Division shall be made on the mandatory frequency that has been specified for use in the applicable MF area.

(2) Every report referred to in subsection (1) shall be

(a) directed to the ground station associated with the MF area, if a ground station exists and is in operation; or
(b) broadcast, if a ground station does not exist or is not in operation.

MF Reporting Procedures before Entering Manoeuvring Area

602.99 The pilot-in-command of a VFR or IFR aircraft that is operated at an uncontrolled aerodrome that lies within an MF area shall report the pilot-in-command’s intentions before entering the manoeuvring area of the aerodrome.

MF Reporting Procedures on Departure

602.100 The pilot-in-command of a VFR or IFR aircraft that is departing from an uncontrolled aerodrome that lies within an MF area shall

(a) before moving onto the take-off surface, report the pilot-in-command’s departure procedure intentions;
(b) before take-off, ascertain by radiocommunication and by visual observation that there is no likelihood of collision with another aircraft or a vehicle during take-off; and
(c) after take-off, report departing from the aerodrome traffic circuit.

MF Reporting Procedures on Arrival

602.101 The pilot-in-command of a VFR aircraft arriving at an uncontrolled aerodrome that lies within an MF area shall report

(a) before entering the MF area and, where circumstances permit, shall do so at least five minutes before entering the area, giving the aircraft’s position, altitude and estimated time of landing and the pilot-in-command’s arrival procedure intentions;
(b) when joining the aerodrome traffic circuit, giving the aircraft’s position in the circuit;
(c) when on the downwind leg, if applicable;
(d) when on final approach; and
(e) when clear of the surface on which the aircraft has landed.

MF Reporting Procedures When Flying Continuous Circuits

602.102 The pilot-in-command of a VFR aircraft carrying out continuous circuits at an uncontrolled aerodrome that lies within an MF area shall report

(a) when joining the downwind leg of the circuit;
(b) when on final approach, stating the pilot-in-command’s intentions; and
(c) when clear of the surface on which the aircraft has landed.

Reporting Procedures When Flying through an MF Area

602.103 The pilot-in-command of an aircraft flying through an MF area shall report

(a) before entering the MF area and, where circumstances permit, shall do so at least five minutes before entering the area, giving the aircraft’s position and altitude and the pilot-in-command’s intentions; and
(b) when clear of the MF area.

Reporting Procedures for IFR Aircraft When Approaching or Landing at an Uncontrolled Aerodrome

602.104 (1) This section applies to persons operating IFR aircraft when approaching or landing at an uncontrolled aerodrome, whether or not the aerodrome lies within an MF area.

(2) The pilot-in-command of an IFR aircraft who intends to conduct an approach to or a landing at an uncontrolled aerodrome shall report

(a) the pilot-in-command’s intentions regarding the operation of the aircraft

(i) five minutes before the estimated time of commencing the approach procedure, stating the estimated time of landing,
(ii) when commencing a circling manoeuvre, and
(iii) as soon as practicable after initiating a missed approach procedure; and

(b) the aircraft’s position

(i) when passing the fix outbound, where the pilot-in-command intends to conduct a procedure turn or, if no procedure turn is intended, when the aircraft first intercepts the final approach course,
(ii) when passing the final approach fix or three minutes before the estimated time of landing where no final approach fix exists, and
(iii) on final approach.

Noise Operating Criteria

602.105 No person shall operate an aircraft at or in the vicinity of an aerodrome except in accordance with the applicable noise abatement procedures and noise control requirements specified by the Minister in the Canada Air Pilot or Canada Flight Supplement, including the procedures and requirements relating to

(a) preferential runways;
(b) minimum noise routes;
(c) hours when aircraft operations are prohibited or restricted;
(d) arrival procedures;
(e) departure procedures;
(f) duration of flights;
(g) the prohibition or restriction of training flights;
(h) VFR or visual approaches;
(i) simulated approach procedures; and
(j) the minimum altitude for the operation of aircraft in the vicinity of the aerodrome.

Noise-restricted Runways

602.106 (1) Subject to subsection (2), no person shall operate a subsonic turbo-jet aeroplane that has a maximum certificated take-off weight of more than 34 000 kg (74,956 pounds) on take-off at a noise-restricted runway set out in column II of an item of the table to this section at an aerodrome set out in column I of that item, unless there is on board

(a) a certificate of airworthiness indicating that the aeroplane meets the applicable noise emission standards;
(b) a certificate of noise compliance issued in respect of the aeroplane; or
(c) where the aeroplane is not a Canadian aircraft, a document issued by the state of registry that specifies that the aeroplane meets the applicable noise emission requirements of that state.

(2) Subsection (1) does not apply

(a) to the extent that it is inconsistent with any obligation assumed by Canada in respect of a foreign state in a treaty, convention or agreement;
(b) where the pilot-in-command of an aircraft has declared an emergency; or

(c) where an aircraft is operated on

(i) an air evacuation operation,
(ii) any other emergency air operation , or

(iii) a departure from an aerodrome at which it was required to land because of an emergency.
TABLE

Item
Column I
Column II

AerodromeFootnote for TABLE *

Noise-restricted Runways for Take-offFootnote for TABLE *

1
Vancouver International Airport
08L, 08R, 12, 26R

2
Calgary International Airport
07, 10, 16, 25, 28

3
Edmonton City Centre (Blatchford Field) Airport
All runways

4
Edmonton International Airport
12

5
Winnipeg / James Armstrong Richardson International Airport
13, 18

6
Hamilton Airport
06

7
Toronto/Lester B. Pearson International Airport
05, 06L, 06R, 15L, 15R

8
Ottawa/Macdonald-Cartier International Airport
32

9
Montréal/Pierre Elliott Trudeau International Airport
All runways

Return to footnote *Information taken from the aeronautical information publication of the Department of Transport entitled Canada Flight Supplement

SOR/99-470, s. 1;
SOR/2004-29, s. 5;
SOR/2005-169, s. 1;
SOR/2009-167, s. 5.

Previous Version

[602.107 to 602.113 reserved]
Division VI — Visual Flight Rules

Minimum Visual Meteorological Conditions for VFR Flight in Controlled Airspace

602.114 No person shall operate an aircraft in VFR flight within controlled airspace unless

(a) the aircraft is operated with visual reference to the surface;
(b) flight visibility is not less than three miles;
(c) the distance of the aircraft from cloud is not less than 500 feet vertically and one mile horizontally; and

(d) where the aircraft is operated within a control zone,

(i) when reported, ground visibility is not less than three miles, and
(ii) except when taking off or landing, the distance of the aircraft from the surface is not less than 500 feet.

Minimum Visual Meteorological Conditions for VFR Flight in Uncontrolled Airspace

602.115 No person shall operate an aircraft in VFR flight within uncontrolled airspace unless

(a) the aircraft is operated with visual reference to the surface;

(b) where the aircraft is operated at or above 1,000 feet AGL

(i) during the day, flight visibility is not less than one mile,
(ii) during the night, flight visibility is not less than three miles, and
(iii) in either case, the distance of the aircraft from cloud is not less than 500 feet vertically and 2,000 feet horizontally;

(c) where the aircraft is not a helicopter and is operated at less than 1,000 feet AGL

(i) during the day, flight visibility is not less than two miles, except if otherwise authorized in an air operator certificate,
(ii) during the night, flight visibility is not less than three miles, and
(iii) in either case, the aircraft is operated clear of cloud; and

(d) where the aircraft is a helicopter and is operated at less than 1,000 feet AGL

(i) during the day, flight visibility is not less than one mile, except if otherwise authorized in an air operator certificate or a flight training unit operator certificate — helicopter,
(ii) during the night, flight visibility is not less than three miles, and
(iii) in either case, the aircraft is operated clear of cloud.

SOR/2014-131, s. 14.
Previous Version

VFR Over-the-Top

602.116 Notwithstanding paragraphs 602.114(a) and 602.115(a), an aircraft may be operated in VFR OTT flight during the cruise portion of the flight during the day if

(a) the aircraft is operated at a vertical distance from cloud of at least 1,000 feet;
(b) where the aircraft is operated between two cloud layers, the vertical distance between the layers is at least 5,000 feet;
(c) flight visibility at the cruising altitude of the aircraft is at least five miles; and

(d) the weather at the aerodrome of destination is forecast to have a sky condition of scattered cloud or clear and a ground visibility of five miles or greater with no forecast of precipitation, fog, thunderstorms or blowing snow, and those conditions are forecast to exist

(i) where the forecast is an aerodrome forecast (TAF), for the period from one hour before to two hours after the estimated time of arrival; and
(ii) where an aerodrome forecast (TAF) is not available and the forecast is an area forecast (FA), for the period from one hour before to three hours after the estimated time of arrival.

Special VFR Flight

602.117 (1) Notwithstanding paragraph 602.114(b), an aircraft may be operated in special VFR flight within a control zone if

(a) weather conditions preclude compliance with paragraph 602.114(b);

(b) flight visibility is not less than

(i) one mile, where the aircraft is not a helicopter, or
(ii) one-half mile, where the aircraft is a helicopter;

(c) the aircraft is operated clear of cloud and with visual reference to the surface at all times; and
(d) authorization to do so has been requested and obtained from the appropriate air traffic control unit.

(2) Where aerodrome traffic permits, an air traffic control unit shall authorize a pilot-in-command to operate an aircraft in special VFR flight within a control zone if

(a) the pilot-in-command requests authorization to operate the aircraft in special VFR flight;

(b) when reported, ground visibility within the control zone is not less than

(i) one mile, where the aircraft is not a helicopter, or
(ii) one-half mile, where the aircraft is a helicopter;

(c) the aircraft is equipped with radiocommunication equipment capable of maintaining communication with the appropriate air traffic control unit; and
(d) the aircraft is not a helicopter and is operated during the night, and the authorization is for the purpose of allowing the aircraft to land at the destination aerodrome.

SOR/2006-77, s. 11.
Previous Version

[602.118 to 602.120 reserved]
Division VII — Instrument Flight Rules

General Requirements

602.121 (1) No pilot-in-command shall operate an aircraft in IMC in any class of airspace, except in accordance with IFR.
(2) No pilot-in-command of an aircraft shall conduct an IFR flight within controlled airspace unless the aircraft is operated in accordance with an air traffic control clearance pursuant to section 602.31.

Alternate Aerodrome Requirements

602.122 Except as otherwise authorized by the Minister in an air operator certificate or in a special authorization issued under subsection 604.05(2), no pilot-in-command shall operate an aircraft in IFR flight unless the IFR flight plan or IFR flight itinerary that has been filed for the flight under section 602.73 includes an alternate aerodrome having a landing area suitable for use by that aircraft.
SOR/2014-131, s. 15.
Previous Version

Alternate Aerodrome Weather Minima

602.123 No pilot-in-command of an aircraft shall include an alternate aerodrome in an IFR flight plan or IFR flight itinerary unless available weather information indicates that the ceiling and visibility at the alternate aerodrome will, at the expected time of arrival, be at or above the alternate aerodrome weather minima specified in the Canada Air Pilot.

Minimum Altitudes to Ensure Obstacle Clearance

602.124 (1) Subject to subsections (2) and (3), the pilot-in-command of an IFR aircraft shall, except when taking off or landing, or when being radar-vectored by an air traffic control unit, ensure that the aircraft is operated at or above

(a) the MOCA, when the aircraft is on an airway or air route; and
(b) the minimum altitude established by the Minister to ensure obstacle clearance and specified on an IFR chart, when the aircraft is within airspace in respect of which such a minimum altitude has been established.

(2) When an aircraft referred to in subsection (1) is not being operated on an airway or air route or within airspace in respect of which a minimum altitude referred to in paragraph (1)(b) has been established, the pilot-in-command shall ensure that the aircraft is operated at or above

(a) an altitude of 1,000 feet above the highest obstacle located within a horizontal distance of five nautical miles from the estimated position of the aircraft in flight;
(b) in a region designated as a mountainous region in the Designated Airspace Handbook and identified therein as area 1 or 5, an altitude of 2,000 feet above the highest obstacle within a horizontal distance of five nautical miles from the estimated position of the aircraft in flight; and
(c) in a region designated as a mountainous region in the Designated Airspace Handbook and identified therein as area 2, 3 or 4, an altitude of 1,500 feet above the highest obstacle within a horizontal distance of five nautical miles from the estimated position of the aircraft in flight.

(3) If aviation safety would be at risk as a result of the presence of obstacles to air navigation, the Minister may issue a NOTAM that establishes a higher minimum altitude requirement than that referred to in subsection (1) or (2).

Enroute IFR Position Reports

602.125 (1) The pilot-in-command of an IFR aircraft shall transmit position reports over compulsory reporting points specified on an IFR chart unless advised by the appropriate air traffic control unit that the aircraft is radar-identified.
(2) A position report transmitted pursuant to subsection (1) shall contain the information specified by the Minister in the Canada Flight Supplement.

SOR/2006-77, s. 12.
Previous Version

Take-off Minima

602.126 (1) No pilot-in-command of an aircraft shall conduct a take-off if the take-off visibility, as determined in accordance with subsection (2), is below the minimum take-off visibility specified in

(a) the air operator certificate where the aircraft is operated in accordance with Part VII;
(b) a special authorization issued under subsection 604.05(2); or
(c) the Canada Air Pilot in any case other than a case described in paragraph (a) or (b).

(2) For the purposes of subsection (1), the take-off visibility is

(a) the RVR of the runway, if the RVR is reported to be at or above the minimum take-off visibility specified in a document or the manual referred to in subsection (1);

(b) the ground visibility of the aerodrome for the runway, if the RVR

(i) is reported to be less than the minimum take-off visibility specified in a document or the manual referred to in subsection (1),
(ii) is reported to vary between distances less than and greater than the minimum take-off visibility specified in the Canada Air Pilot or a certificate referred to in subsection (1), or
(iii) is not reported; or

(c) the runway visibility as observed by the pilot-in-command, if

(i) the RVR is not reported, and
(ii) the ground visibility of the aerodrome is not reported.

SOR/2006-199, s. 11;
SOR/2014-131, s. 16.

Previous Version

Instrument Approaches

602.127 (1) Unless otherwise authorized by the appropriate air traffic control unit, the pilot-in-command of an IFR aircraft shall, when conducting an approach to an aerodrome or a runway, ensure that the approach is made in accordance with the instrument approach procedure.
(2) No pilot-in-command of an IFR aircraft shall commence an instrument approach procedure unless the aircraft altimeter is set to an altimeter setting that is usable at the aerodrome where the approach is to be conducted.

Landing Minima

602.128 (1) No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the Restricted Canada Air Pilot.

(2) No pilot-in-command of an IFR aircraft shall, unless the required visual reference necessary to continue the approach to land has been established,

(a) in the case of a CAT I or CAT II precision approach, continue the final approach descent below the decision height; or
(b) in the case of a non-precision approach, descend below the minimum descent altitude.

(3) Where the pilot-in-command of an IFR aircraft conducting an instrument approach does not establish the required visual reference referred to in subsection (2), the pilot-in-command shall initiate a missed approach procedure

(a) in the case of a CAT I or CAT II precision approach, at decision height; and
(b) in the case of a non-precision approach, at the missed approach point.

(4) Notwithstanding anything in this Division, no pilot-in-command of an IFR aircraft shall conduct a precision approach to CAT II or CAT III minima unless

(a) the flight crew has received the training specified in the Manual of All Weather Operations (Categories II and III); and
(b) the aircraft is operated in accordance with the procedures, the equipment requirements and the limitations specified in the manual referred to in paragraph (a).

SOR/2006-199, s. 12;
SOR/2014-131, s. 17.

Previous Version

Approach Ban — General

602.129 (1) This section does not apply in respect of aircraft operated under Part VII.

(2) For the purposes of subsection (4), the RVR with respect to an aeroplane is less than the minimum RVR if

(a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the runway of intended approach is less than 1,200 feet or the RVR measured by RVR “B” for the runway of intended approach is less than 600 feet; or
(b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the runway of intended approach is less than 1,200 feet.

(3) For the purposes of subsection (4), the RVR with respect to a helicopter is less than the minimum RVR if

(a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the surface of intended approach is less than 1,200 feet; or
(b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the surface of intended approach is less than 1,200 feet.

(4) Where the RVR is reported to be less than the minimum RVR set out in subsection (2) or (3), as applicable, no person shall continue an instrument approach in an IFR aircraft unless

(a) at the time the RVR report is received, the aircraft has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted;
(b) the aircraft is on a training flight where a landing is not intended and the appropriate air traffic control unit is informed that a missed approach procedure will be initiated at or above the decision height or minimum descent altitude, as appropriate;
(c) the RVR is varying between distances less than and greater than the minimum RVR;
(d) the RVR is less than the minimum RVR, and the ground visibility at the aerodrome where the runway is located is reported to be at least one quarter of a mile; or
(e) the pilot-in-command of the aircraft is conducting a precision approach to CAT III minima.

(5) No pilot-in-command of an IFR aircraft shall commence a non-precision approach, an APV or a CAT I or CAT II precision approach to an airport where low-visibility procedures are in effect.

SOR/2006-199, s. 13.
Previous Version

Approach Ban — CAT III Precision

602.130 (1) This section does not apply in respect of aircraft operated under Part VII.
(2) No person shall continue a CAT III precision approach in an IFR aircraft beyond the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted, unless the RVR reported is equal to or greater than the minimum RVR specified in the Canada Air Pilot in respect of the runway or surface of intended approach for the instrument approach procedure conducted.

SOR/2006-199, s. 13.
Previous Version

Runway Visibility

602.131 (1) When no reading from RVR “A” or RVR “B” for the runway of intended approach is available, runway visibility is assessed

(a) by a pilot holding an instrument rating and in the manner set out in section 622.131 of Standard 622 — Pilot Assessment of Runway Visibility Standards of the General Operating and Flight Rules Standards; or
(b) by a person qualified in accordance with section 804.26 and in the manner set out in section 804.25.

(2) The assessment of runway visibility is valid only for a period of 20 minutes after it is established.

SOR/2006-199, s. 14;
SOR/2015-160, s. 28(F).

Previous Version

[602.132 reserved]
Division VIII — Radiocommunications

Language Used in Aeronautical Radiocommunications

602.133 English and French are the languages of aeronautical radiocommunication in Canada.

Locations Where Services Are Available in English and French

602.134 (1) Any person operating an aircraft who wishes to receive the services referred to in this section in one of either English or French shall so indicate to the appropriate air traffic control unit or flight service station by means of an initial radiocommunication in English or French, as appropriate.
(2) Every flight service station set out in Table 1 to this section and every air traffic control unit set out in Table 3 to this section shall provide advisory services in English and French.
(3) Every air traffic control unit set out in Table 3 to this section shall provide air traffic services in English and French.
(4) Every temporary air traffic control unit located in the province of Quebec shall provide air traffic services in English and French.

(5) Every flight service station set out in Table 2 to this section shall provide, between any person operating an aircraft and any air traffic control unit set out in Table 3 to this section, a relay service of IFR air traffic control messages in English or French, as indicated by that person.
TABLE 1 FLIGHT SERVICE STATIONS WHERE ADVISORY SERVICES ARE AVAILABLE IN ENGLISH AND FRENCH


Charlo


Gaspé


Gatineau


Îles-de-la-Madeleine


Kuujjuaq


Kuujjuarapik


La Grande Rivière


Mont-Joli


Montréal

10 
Québec

11 
Roberval

12 
Rouyn

13 
Sept-Îles

14 
Squaw Lake (seasonal station)

15 
Val-d’Or

TABLE 2 FLIGHT SERVICE STATIONS WHERE RELAY SERVICES OF IFR AIR TRAFFIC CONTROL MESSAGES ARE AVAILABLE IN ENGLISH AND FRENCH


Gaspé


Gatineau


Îles-de-la-Madeleine


Kuujjuaq


Kuujjuarapik


La Grande Rivière


Mont-Joli


Montréal


Québec

10 
Roberval

11 
Rouyn

12 
Sept-Îles

13 
Squaw Lake (seasonal station)

14 
Val-d’Or

TABLE 3 AIR TRAFFIC CONTROL UNITS WHERE ADVISORY SERVICES AND AIR TRAFFIC CONTROL SERVICES ARE AVAILABLE IN ENGLISH AND FRENCH

Area Control Centre


Montréal

Terminal Control Units


Bagotville


Montréal


Ottawa


Québec

Air Traffic Control Towers


Bagotville


Montréal International (Pierre Elliott Trudeau)


Montréal International (Mirabel)


Ottawa International (Macdonald-Cartier)

10 
Québec International (Jean Lesage)

11 
St-Honoré

12 
St-Hubert

13 
St-Jean (Province of Québec)

14 
Sept-Îles

SOR/2004-29, s. 6.

Locations Where Services Are Available in English

602.135 All air traffic control units and flight service stations shall provide aeronautical radiocommunication services in English.

Continuous Listening Watch

602.136 Subject to sections 602.137 and 602.138, where an aircraft is equipped with radiocommunication equipment, the pilot-in-command shall ensure that

(a) a listening watch is maintained on the appropriate frequency; and
(b) where communications are required, communication is established with an air traffic control unit, flight service station or community aerodrome radio station, as applicable, on that appropriate frequency.

Two-way Radiocommunication Failure in IFR Flight

602.137 (1) Where there is a two-way radiocommunication failure between the controlling air traffic control unit and an IFR aircraft that is in or has received a clearance to enter controlled airspace, the pilot-in-command shall

(a) maintain a listening watch on the appropriate frequency for control messages or further clearance and acknowledge receipt of any such messages, if possible, by any means available;
(b) set the transponder to code 7600; and
(c) attempt to establish communications with any air traffic services facility or other aircraft, inform the facility or aircraft of the difficulty and request it to relay the information to the last air traffic control unit with which communications had been established.

(2) Where communications cannot be established with any air traffic services facility, either directly or by relay through an intermediary, the pilot-in-command shall, except where specific instructions to cover an anticipated communications failure have been received from an air traffic control unit, comply with the procedures specified by the Minister in the Canada Air Pilot and the Canada Flight Supplement.

Two-way Radiocommunication Failure in VFR Flight

602.138 Where there is a two-way radiocommunication failure between the controlling air traffic control unit and a VFR aircraft while operating in Class B, Class C or Class D airspace, the pilot-in-command shall

(a) leave the airspace

(i) where the airspace is a control zone, by landing at the aerodrome for which the control zone is established, and
(ii) in any other case, by the shortest route;

(b) where the aircraft is equipped with a transponder, set the transponder to code 7600; and
(c) inform an air traffic control unit as soon as possible of the actions taken pursuant to paragraph (a).

[602.139 to 602.142 reserved]
Division IX — Emergency Communications and Security

Emergency Radio Frequency Capability

602.143 No person shall operate an aircraft equipped with two-way VHF radiocommunication equipment unless the equipment is capable of providing communication on VHF frequency 121.5 MHz.

Interception Signals, Interception of Aircraft and Instructions to Land

602.144 (1) No person shall give an interception signal or an instruction to land except

(a) a peace officer, an officer of a police authority or an officer of the Canadian Forces acting within the scope of their duties; or
(b) a person authorized to do so by the Minister pursuant to subsection (2).

(2) The Minister may authorize a person to give an interception signal or an instruction to land if such authorization is in the public interest and is not likely to affect aviation safety.
(3) The pilot-in-command of an aircraft who receives an instruction to land from a person referred to in subsection (1) shall, subject to any direction received from an air traffic control unit, comply with the instruction.
(4) The pilot-in-command of an intercepting aircraft and the pilot-in-command of an intercepted aircraft shall comply with the rules of interception set out in the Canada Flight Supplement.

ADIZ

602.145 (1) This section applies in respect of aircraft before entering into and while operating within the ADIZ, the dimensions of which are specified in the Designated Airspace Handbook.
(2) Every flight plan or flight itinerary required to be filed pursuant to this section shall be filed with an air traffic control unit, a flight service station or a community aerodrome radio station.

(3) The pilot-in-command of an aircraft whose point of departure within the ADIZ or last point of departure before entering the ADIZ has facilities for the transmission of flight plan or flight itinerary information shall

(a) before take-off, file a flight plan or flight itinerary;

(b) in the case of a VFR aircraft where the point of departure is outside the ADIZ,

(i) indicate in the flight plan or flight itinerary the estimated time and point of ADIZ entry, and
(ii) as soon as possible after take-off, communicate by radio to an air traffic control unit, a flight service station or a community aerodrome radio station a position report of the aircraft’s location, altitude, aerodrome of departure and estimated time and point of ADIZ entry; and

(c) in the case of a VFR aircraft where the point of departure is within the ADIZ, as soon as possible after take-off, communicate by radio to an air traffic control unit, a flight service station or a community aerodrome radio station a position report of the aircraft’s location, altitude and aerodrome of departure.

(4) The pilot-in-command of an aircraft whose point of departure within the ADIZ or last point of departure before entering the ADIZ does not have facilities for the transmission of flight plan or flight itinerary information shall

(a) as soon as possible after take-off, file by radiocommunication a flight plan or flight itinerary; and
(b) in the case of a VFR aircraft, indicate in the flight plan or flight itinerary the estimated time and point of ADIZ entry, if applicable.

(5) The pilot-in-command of a VFR aircraft shall revise the estimated time and point of ADIZ entry and inform an air traffic control unit, a flight service station or a community aerodrome radio station, when the aircraft is not expected to arrive

(a) within plus or minus five minutes of the estimated time at

(i) a reporting point,
(ii) the point of ADIZ entry, or
(iii) the point of destination within the ADIZ; or

(b) within 20 nautical miles of

(i) the estimated point of ADIZ entry, or
(ii) the centre line of the route of flight indicated in the flight plan or flight itinerary.

ESCAT Plan

[SOR/2002-352, s. 2]

602.146 (1) This section applies in respect of aircraft before entering into and while operating within Canadian domestic airspace or the ADIZ.

(2) The pilot-in-command of an aircraft referred to in subsection (1) who is notified by an air traffic control unit of the implementation of the ESCAT Plan shall

(a) before take-off, obtain approval for the flight from the appropriate air traffic control unit or flight service station;
(b) comply with any instruction to land or to change course or altitude that is received from the appropriate air traffic control unit or flight service station; and

(c) provide the appropriate air traffic control unit or flight service station with position reports

(i) when operating within controlled airspace, as required pursuant to section 602.125, and
(ii) when operating outside controlled airspace, at least every 30 minutes.

SOR/2002-352, s. 3.

[602.147 to 602.149 reserved]
Division X — Noise Emission Levels for Subsonic Turbo-Jet Aeroplanes

Requirements

602.150 (1) No person shall operate a subsonic turbo-jet aeroplane that has a maximum certificated take-off weight of 34 000 kg (74,956 pounds) or more to or from an aerodrome other than Gander International Airport unless the aeroplane meets the noise emission standards set out in Chapter 3 or 4 of Volume I, Aircraft Noise, of Annex 16 to the Convention.

(2) For the purpose of subsection (1), the following expressions, used in Annex 16 to the Convention, have the following meanings:

(a) aeroplane has the same meaning as in subsection 101.01(1);
(b) maximum certificated take-off mass has the same meaning as maximum certificated take-off weight in subsection 101.01(1); and
(c) subsonic jet has the same meaning as subsonic turbo-jet aeroplane in subsection (1).

SOR/2008-277, s. 1;
SOR/2010-304, s. 3.

Previous Version

602.151 [Repealed, SOR/2008-277, s. 1]
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602.152 [Repealed, SOR/2008-277, s. 1]
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602.153 [Repealed, SOR/2008-277, s. 1]
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602.154 [Repealed, SOR/2008-277, s. 1]
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602.155 [Repealed, SOR/2008-277, s. 1]
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602.156 [Repealed, SOR/2008-277, s. 1]
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602.157 [Repealed, SOR/2008-277, s. 1]
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602.158 [Repealed, SOR/2008-277, s. 1]
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602.159 [Repealed, SOR/2008-277, s. 1]
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602.160 [Repealed, SOR/2008-277, s. 1]
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602.161 [Repealed, SOR/2008-277, s. 1]
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602.162 [Repealed, SOR/2008-277, s. 1]
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Subpart 3 — Special Flight Operations

Division I — Special Aviation Events

Certification Requirements for Special Aviation Events

603.01 No person shall conduct a special aviation event unless the person complies with the provisions of a special flight operations certificate — special aviation event issued by the Minister pursuant to section 603.02.

Issuance of Special Flight Operations Certificate — Special Aviation Event

603.02 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by and within the time limits specified in the Special Flight Operations Standards, issue a special flight operations certificate-special aviation event to an applicant who demonstrates to the Minister the ability to conduct a special aviation event in accordance with the Special Flight Operations Standards.
SOR/2006-77, s. 13.
Previous Version

Contents of Special Flight Operations Certificate — Special Aviation Event

603.03 A special flight operations certificate — special aviation event shall contain the following information:

(a) the name and address of the certificate holder;
(b) the number of the certificate;
(c) the date of issue of the certificate;
(d) the validity period of the certificate;
(e) the general conditions identified in section 603.04; and

(f) specific conditions with respect to

(i) the types of aircraft authorized to operate at the special aviation event and, if applicable, their registration,
(ii) the names and, if applicable, the qualifications of the flight crew members authorized to participate in the special aviation event, and
(iii) any other condition pertaining to the special aviation event that the Minister deems necessary for aviation safety.

General Conditions of Special Flight Operations Certificate — Special Aviation Event

603.04 A special flight operations certificate — special aviation event shall contain the following general conditions:

(a) the certificate holder shall maintain an adequate management organization;

(b) the certificate holder shall ensure that participants are

(i) qualified for the type of demonstration to be flown, and
(ii) provided with a briefing that meets the Special Flight Operations Standards; and

(c) the certificate holder shall conduct the special aviation event in a safe manner.

Event Management

603.05 No person shall conduct a special aviation event unless the person has a management organization that

(a) is capable of exercising supervision and operational control over

(i) persons attending the special aviation event,
(ii) any flight that is to be operated at the special aviation event; and
(iii) personnel involved in the conduct of the special aviation event whose duties and responsibilities are specified in the Special Flight Operations Standards; and

(b) meets the Special Flight Operations Standards.

SOR/2006-77, s. 14.
Previous Version

Participant and Aircraft Eligibility

603.06 No person shall operate an aircraft or permit an aircraft to be operated in a special aviation event unless the person operating the aircraft and the aircraft

(a) meet the eligibility requirements specified in section 623.06 of the Special Flight Operations Standards; and
(b) are authorized to do so in a special flight operations certificate-special aviation event.

SOR/2006-77, s. 15.
Previous Version

Minimum Safety Distances and Altitudes

603.07 No person shall operate an aircraft in a special aviation event at a distance from, or at an altitude above, a spectator area, a built-up area or an occupied building if that distance or altitude is less than the minimum specified in section 623.07 of the Special Flight Operations Standards.
SOR/2006-77, s. 15.
Previous Version

Weather Conditions

603.08 No person shall operate an aircraft in a special aviation event in weather conditions that are below the minimum conditions specified in the Special Flight Operations Standards.

Participant Briefing

603.09 No person shall operate an aircraft in a special aviation event unless the person has received a participant briefing that meets the Special Flight Operations Standards.

[603.10 to 603.15 reserved]
Division II — Balloons with Fare-paying Passengers

Application

603.16 This Division applies in respect of the operation of a balloon where fare-paying passengers are carried on board.

Certification Requirements for Balloon Operations

603.17 No person shall operate a balloon under this Division unless the person complies with the provisions of a special flight operations certificate — balloons issued by the Minister pursuant to section 603.18.

Issuance of Special Flight Operations Certificate — Balloons

603.18 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Special Flight Operations Standards, issue a special flight operations certificate — balloons to an applicant who demonstrates to the Minister the ability to conduct the flight operation in accordance with the Special Flight Operations Standards.

Contents of Special Flight Operations Certificate — Balloons

603.19 A special flight operations certificate — balloons shall contain the following information:

(a) the name and address of the balloon operator;
(b) the number of the certificate;
(c) the date of issue of the certificate;
(d) the general conditions identified in section 603.20; and

(e) specific conditions with respect to

(i) the types and AX class of balloons authorized and, where the balloon is of a special shape or is a foreign-registered balloon, its registration,
(ii) the external carriage of passengers, and
(iii) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.

General Conditions of Special Flight Operations Certificate — Balloons

603.20 A special flight operations certificate — balloons shall contain the following general conditions:

(a) the balloon operator shall maintain balloons that are properly equipped for the area of operation and the type of operation;
(b) the balloon operator shall maintain its balloons in accordance with the requirements of Subpart 5;
(c) the balloon operator shall employ flight crew members who meet the Special Flight Operations Standards; and
(d) the balloon operator shall conduct a safe operation.

Crew Member Qualifications

603.21 No balloon operator shall permit a person to act and no person shall act as the pilot-in-command of a balloon unless the person meets the qualification and currency requirements set out in the Special Flight Operations Standards.

Briefing of Passengers

603.22 The pilot-in-command of a balloon shall ensure that passengers are given a safety briefing that meets the Special Flight Operations Standards.

Operations at Night

603.23 No person shall operate a balloon in free flight at night unless

(a) the balloon is equipped in accordance with section 605.19; and
(b) landings are conducted during the day.

Tethered Flight

603.24 (1) No person shall operate a balloon in tethered flight with passengers on board unless the pilot-in-command is on board.
(2) The pilot-in-command shall record all time spent in tethered flight as air time for the purpose of maintenance.

Carriage of Passengers

603.25 No person shall operate a balloon with passengers on board unless each passenger is carried in the basket.
SOR/2006-77, s. 16.
Previous Version

603.26 [Repealed, SOR/2006-77, s. 16]
Previous Version

[603.26 to 603.35 reserved]
Division III — Parachuting

Application

603.36 This Division applies in respect of the conduct of parachute descents

(a) in or into controlled airspace or an air route; and
(b) over or into a built-up area or open-air assembly of persons.

Certification Requirements for Parachute Operations

603.37 For the purposes of section 602.26, a pilot-in-command may permit and a person may conduct a parachute descent under this Division if the person complies with the provisions of a special flight operations certificate — parachuting issued by the Minister pursuant to section 603.38.

Issuance of Special Flight Operations Certificate — Parachuting

603.38 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Special Flight Operations Standards, issue a special flight operations certificate — parachuting to an applicant who demonstrates to the Minister the ability to conduct the flight operation in accordance with the Special Flight Operations Standards.

Contents of Special Flight Operations Certificate — Parachuting

603.39 A special flight operations certificate — parachuting shall contain the following information:

(a) the name and address of the certificate holder;
(b) the number of the certificate;
(c) the date of issue of the certificate;
(d) the validity period of the certificate;
(e) the type of flight operation authorized; and
(f) any condition pertaining to the operation that the Minister deems necessary for aviation safety.

[603.40 to 603.64 reserved]
Division IV — Miscellaneous Special Flight Operations

Application

603.65 This Division applies in respect of the following flight operations when not conducted under Part VII:

(a) the operation of an aircraft, other than a balloon, for the purpose of conducting a take-off or landing within a built-up area of a city or town at a place other than an airport, heliport or military aerodrome;
(b) the operation of an aircraft for the purpose of conducting aerial application, aerial inspection or aerial photography at altitudes and distances less than those specified in paragraph 602.14(2)(a);
(c) the operation of a helicopter while conducting Class B, C or D external load operations over a built-up area or open-air assembly of persons, including flight at altitudes and distances less than those specified in paragraph 602.14(2)(a);
(d) the operation of an unmanned air vehicle;
(e) the operation of a powered aircraft while persons enter or, except for parachute descents, leave the aircraft in flight; and

(f) the operation of an aircraft while conducting aerobatic manoeuvres

(i) in or into controlled airspace or an air route, or
(ii) below 2,000 feet AGL.

SOR/2003-271, s. 7;
SOR/2007-87, s. 12.

Previous Version

Certification Requirements

603.66 No person shall conduct a flight operation referred to in section 603.65 unless the person complies with the provisions of a special flight operations certificate issued by the Minister pursuant to section 603.67.

Issuance of Special Flight Operations Certificate

603.67 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Special Flight Operations Standards, issue a special flight operations certificate to an applicant who demonstrates to the Minister the ability to conduct the flight operation in accordance with the Special Flight Operations Standards.

Contents of Special Flight Operations Certificate

603.68 A special flight operations certificate shall contain the following information:

(a) the name and address of the certificate holder;
(b) the number of the certificate;
(c) the date of issue of the certificate;
(d) the validity period of the certificate;
(e) the type of flight operation authorized; and
(f) any condition pertaining to the operation that the Minister deems necessary for aviation safety.

[603.69 to 603.75 reserved]
Subpart 4 — Private Operators

Division I — General Provisions

Interpretation

604.01 (1) The following definitions apply in this Subpart.

main base
main base means a location where a private operator has personnel, aircraft and facilities for its operations and that is established as the principal place of business of the private operator. (base principale)
PBN Manual
PBN Manual means ICAO Document 9613, entitled Performance-based Navigation (PBN) Manual. (manuel PBN)
special authorization
special authorization means an authorization issued by the Minister under subsection 604.05(2) that permits the carrying out of an activity referred to in Division IV or an activity in respect of which the Minister has established requirements under subsection 604.74(1). (autorisation spéciale)
sub-base
sub-base means a location where a private operator has personnel and aircraft and from which operational control is exercised in accordance with the private operator’s operational control system. (base secondaire)

(2) For the purpose of interpreting a document incorporated by reference into this Subpart, unless the context requires otherwise,

(a) “should” and “must” shall be read as “shall”;
(b) “operator” and “aircraft operator” shall be read as “private operator”; and
(c) “authority”, “competent aviation authority” and “operating authority” shall be read as “Minister”.

SOR/2005-341, s. 5;
SOR/2014-131, s. 18.

Previous Version

Application

604.02 This Subpart applies to the following Canadian aircraft:

(a) large aeroplanes;
(b) turbine-powered aircraft;
(c) pressurized aircraft; and
(d) multi-engined aircraft.

SOR/2005-341, s. 5;
SOR/2014-131, s. 18.

Previous Version

Prohibition

604.03 (1) Subject to subsection (2), no person shall operate any of the following Canadian aircraft for the purpose of transporting passengers or goods unless the person is the holder of a private operator registration document:

(a) a large aeroplane;
(b) a turbo-jet-powered aeroplane; or
(c) a turbine-powered pressurized aeroplane certificated for more than six passenger seats.

(2) Subsection (1) does not apply to the operation of an aircraft referred to in paragraphs (1)(a) to (c) by

(a) an air operator who operates the aircraft in accordance with the requirements of Part VII; or
(b) a person who operates the aircraft under a flight permit issued under section 507.04.

SOR/2005-341, s. 5;
SOR/2014-131, s. 18.

Previous Version

Issuance of a Private Operator Registration Document

604.04 (1) The applicant for a private operator registration document shall submit to the Minister an application containing the following information:

(a) the applicant’s legal name and, if any, trade name;
(b) the applicant’s contact information;
(c) the names of the operations manager, chief pilot and maintenance manager;
(d) a description of the proposed area of operation, using the chart depicted in the Index to Application of Supplementary Procedures in ICAO Document 7030, entitled Regional Supplementary Procedures;
(e) the location of the applicant’s main base and, if any, sub-bases; and
(f) for each aircraft that will be operated, the aircraft type, the nationality mark and the registration mark.

(2) The Minister shall, on receipt of the application referred to in subsection (1), issue a private operator registration document to the applicant if the applicant is the registered owner of all the aircraft that will be operated under this Subpart or is permitted to use those aircraft under section 203.03.

SOR/2005-341, s. 5;
SOR/2014-131, s. 18.

Previous Version

Issuance of Special Authorization

604.05 (1) A private operator who wishes to operate an aircraft under a special authorization shall submit to the Minister an application that

a) identifies the activity referred to in Division IV that the applicant wishes to carry out; and
b) includes a copy of the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization requested.

(2) The Minister shall, on receipt of the application referred to in subsection (1), issue a special authorization to the applicant if the applicant

(a) holds a private operator registration document;
(b) is able to meet the requirements of Division IV relating to the special authorization requested; and
(c) has an operations manual that sets out the processes, practices and procedures that are necessary to meet the requirements of Division IV relating to the special authorization requested.

SOR/2005-341, s. 5;
SOR/2014-131, s. 18.

Previous Version

Notice to the Minister

604.06 A private operator shall notify the Minister if a change is made to the information contained in an application submitted under subsection 604.04(1) within ten days after the day on which the change is made.

SOR/2005-341, s. 5;
SOR/2014-131, s. 18.

Previous Version

Amendment of Private Operator’s Operations Manual

604.07 A private operator who has been issued a special authorization, and who amends the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization, shall submit to the Minister a copy of that part of the operations manual within ten days after the day on which the amendment is made.

SOR/2005-341, s. 5;
SOR/2014-131, s. 18.

Previous Version

Duties of a Private Operator

604.08 A private operator shall

(a) ensure that no person is appointed operations manager or chief pilot or continues to serve as operations manager or chief pilot if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for

(i) an offence under section 7.3 of the Act, or
(ii) two or more offences under these Regulations that did not arise from a single incident;

(b) ensure that no person is appointed maintenance manager or continues to serve as maintenance manager if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for an offence under section 7.3 of the Act;
(c) ensure that the operations manager performs the duties set out in section 604.204;
(d) perform the duties set out in section 604.208; and
(e) provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the private operator meets the requirements of these Regulations.

SOR/2014-131, s. 18.

Accountability

604.09 (1) No operations manager, no chief pilot and no maintenance manager shall assign to another person a management function for which he or she is responsible and accountable unless the private operator’s operations manual

(a) identifies the functions that may be assigned;
(b) identifies either by name or by position the persons to whom those functions may be assigned; and
(c) describes the scope of the assignment.

(2) The responsibility and accountability of an operations manager, a chief pilot and a maintenance manager are not affected by the assignment of a management function to another person under subsection (1).

SOR/2014-131, s. 18.

[604.10 to 604.24 reserved]
604.21 [Repealed, SOR/2014-131, s. 18]
Previous Version

604.22 [Repealed, SOR/2014-131, s. 18]
Previous Version

604.23 [Repealed, SOR/2014-131, s. 18]
Previous Version

604.24 [Repealed, SOR/2014-131, s. 18]
Previous Version

Division II — Flight Operations

Operational Control System

604.25 (1) A private operator shall have an operational control system that is adapted to the complexity of the private operator’s operations and to the private operator’s area of operation, and that meets the requirements of subsections (2) and (3).

(2) The operational control system shall include procedures for ensuring that

(a) all the operational requirements specified in this Subpart are met;
(b) each aircraft is operated within the weight and balance limits specified in the aircraft flight manual;
(c) the names of the persons on board an aircraft are recorded by the private operator before each flight; and
(d) search and rescue authorities are notified in a timely manner if a flight is overdue or missing.

(3) The operational control system shall include

(a) pilot self-dispatch procedures that set out the following elements:

(i) flight planning requirements,
(ii) the timing within which a flight crew member must inform the private operator of an aircraft’s departure and arrival, and
(iii) a method of confirming that an aircraft has arrived safely at an unattended aerodrome during a VFR flight or that an IFR flight plan has been cancelled prior to landing; or

(b) co-authority dispatch procedures that set out the following elements:

(i) flight planning requirements,
(ii) flight following requirements,
(iii) flight watch requirements,
(iv) a method of confirming that an aircraft has arrived safely at an unattended aerodrome during a VFR flight or that an IFR flight plan has been cancelled prior to landing,
(v) the method by which the operational flight plan is approved and recorded by the pilot-in-command and the flight dispatcher,
(vi) if operational flight plans are prepared and accepted for a series of flights, the method by which any changes to those plans are approved and recorded by the pilot-in-command and the flight dispatcher,
(vii) if flight planning and flight watch are two separate functions, the method of switching from one to the other, and

(viii) a means to ensure that, at each location where a flight originates, the pilot-in-command will

(A) receive meteorological information related to the flight,
(B) receive a copy of the operational flight plan, and
(C) can contact the responsible flight dispatcher prior to take-off.

(4) Documentation related to the operational control of a flight shall be retained by the private operator for at least 180 days after the day on which the flight is completed.

SOR/2005-341, s. 5;
SOR/2014-131, s. 18.

Previous Version

Designation of Pilot-in-command and Second-in-command

604.26 (1) A private operator shall designate, for each flight, a pilot-in-command or, if the crew includes two or more flight crew members, a pilot-in-command and a second-in-command.
(2) The private operator shall record the name of the pilot-in-command and, if applicable, second-in-command designated for each flight under subsection (1) and shall retain the record for at least 180 days after the day on which the flight is completed.

SOR/2005-341, s. 5;
SOR/2014-131, s. 18.

Previous Version

Flight Dispatchers and Flight Followers

604.27 A flight dispatcher and a flight follower shall, in respect of a flight conducted by a private operator,

(a) perform flight following and flight watch;
(b) provide any operational information requested by a flight crew member; and
(c) notify search and rescue authorities in a timely manner if a flight is overdue or missing.

SOR/2005-341, s. 5;
SOR/2014-131, s. 18.

Previous Version

Instrument Approaches — Landing

604.28 No person shall, in an aircraft operated by a private operator, conduct a landing following an instrument approach unless, immediately before landing, the pilot-in-command ascertains, by means of radiocommunication or visual inspection,

(a) the condition of the runway or surface of intended landing; and
(b) the wind direction and speed.

SOR/2009-280, s. 34;
SOR/2014-131, s. 18.

Previous Version

[604.29 to 604.35 reserved]
604.29 [Repealed, SOR/2005-341, s. 5]
Previous Version

Division III — Flight Operations — Documents

Checklist

604.36 (1) A private operator shall provide every crew member with the checklist referred to in paragraph 602.60(1)(a) or with the part of the checklist that is necessary for the performance of the crew member’s duties.
(2) Every crew member shall follow, in the performance of his or her duties, the checklist or part of the checklist referred to in subsection (1).

SOR/2014-131, s. 18.

Aircraft Operating Manual

604.37 (1) A private operator may establish an aircraft operating manual for the operation of its aircraft.

(2) An aircraft operating manual shall

(a) contain aircraft operating procedures that are consistent with those contained in the aircraft flight manual;
(b) contain, if the aircraft flight manual is not carried on board the aircraft, the aircraft performance data and limitations specified in that manual, and clearly identify them as aircraft flight manual requirements;
(c) contain the private operator’s standard operating procedures, if any; and
(d) identify the aircraft to which it relates.

SOR/2014-131, s. 18.

Operational Flight Data Sheet

604.38 (1) No person shall conduct a take-off in an aircraft operated by a private operator unless an operational flight data sheet has been prepared and contains the following information:

(a) the date of the flight;
(b) the aircraft’s nationality mark and registration mark;
(c) the name of the pilot-in-command;
(d) the departure aerodrome;
(e) the destination aerodrome;
(f) the alternate aerodrome, if any;
(g) the estimated flight time;
(h) the fuel endurance;
(i) the weight of the fuel on board the aircraft;
(j) the zero fuel weight of the aircraft;
(k) the take-off weight and centre of gravity of the aircraft;
(l) the number of persons on board the aircraft;
(m) the proposed time of departure; and
(n) the estimated time of arrival.

(2) The pilot-in-command of an aircraft referred to in subsection (1) shall, on the completion of each flight, record on the operational flight data sheet the flight time, time of departure, time of arrival and aerodrome of arrival.
(3) The private operator shall retain a copy of the operational flight data sheet for at least 180 days after the day on which the flight is completed.

SOR/2014-131, s. 18.

[604.39 to 604.45 reserved]
Division IV — Flight Operations — Special Authorizations

Minimum Performance Capability of Long-range Navigation Systems

604.46 (1) For the purposes of this Division, a long-range navigation system shall have the following performance capability:

(a) the standard deviation of the lateral track deviations is less than 6.3 nautical miles;
(b) the proportion of the total flight time that is spent by the aircraft at a distance of 30 or more nautical miles from the cleared track is less than 5.3 x 10-4; and
(c) the proportion of the total flight time that is spent by the aircraft at a distance of 50 to 70 nautical miles from the cleared track is less than 1.3 x 10-4.

(2) For the purposes of this Division, a global navigation satellite system (GNSS) receiver is considered to be a long-range navigation system if it is installed in accordance with the requirements of Advisory Circular 20-138B, entitled Airworthiness Approval of Positioning and Navigation Systems, dated September 27, 2010 and published by the Federal Aviation Administration of the United States, as amended from time to time.

SOR/2014-131, s. 18.

General Prohibition — Special Authorizations

604.47 (1) Subject to subsection (2), no person shall carry out any activity referred to in this Division or in respect of which the Minister has established requirements under subsection 604.74(1) unless that person is a private operator.

(2) A person other than a private operator may conduct an instrument approach using a GNSS receiver to the following minima:

(a) lateral navigation (LNAV);
(b) lateral navigation/vertical navigation (LNAV/VNAV);
(c) localizer performance without vertical guidance (LP); and
(d) localizer performance with vertical guidance (LPV).

SOR/2014-131, s. 18.

No Alternate Aerodrome — IFR Flight

604.48 (1) For the purposes of section 602.122, a pilot-in-command may conduct an IFR flight in an aircraft operated by a private operator when an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary if

(a) the private operator is authorized to do so under a special authorization;
(b) the estimated flight time is not more than six hours and the departure aerodrome is located in North America, Bermuda or the Caribbean islands;

(c) the forecast or reported weather at the destination aerodrome, from one hour before until one hour after the estimated time of arrival, does not include

(i) conditions, including fog or precipitation, that restrict flight visibility to less than three miles,
(ii) a thunderstorm,
(iii) a ceiling of less than 1,000 feet above the FAF altitude and a ground visibility of less than three miles,
(iv) a ceiling of less than 1,500 feet above the minimum descent altitude and a ground visibility of less than six miles, or
(v) freezing rain, freezing drizzle or sleet;

(d) the destination aerodrome

(i) has at least two runways that are

(A) operational,
(B) separate and not reciprocal directions of the same runway, and
(C) suitable for the aircraft on the basis of the aircraft operating procedures, the aircraft performance data and limitations specified in the aircraft flight manual, and the factors that affect the performance of the aircraft, such as atmospheric and surface conditions, and

(ii) is equipped with an emergency electrical power supply to operate the equipment and facilities that are essential for a safe landing of the aircraft in the event of a failure of the main electrical power supply; and

(e) every flight crew member has received training, for which the validity period has not expired, in the conduct of an IFR flight when an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary.

(2) If the requirements of paragraphs (1)(a) to (e) are met, and regardless of the departure aerodrome, the pilot-in-command of an aircraft that is operated by a private operator, and that is on a flight to a destination aerodrome in Canada, may file a new IFR flight plan or a new IFR flight itinerary that does not include an alternate aerodrome when the aircraft is within six hours’ flight time of the destination aerodrome.

SOR/2014-131, s. 18.

Take-off Minima

604.49 For the purposes of paragraph 602.126(1)(b),

(a) a pilot-in-command may conduct a take-off in an aircraft operated by a private operator when the reported RVR is at least 1,200 feet or the reported ground visibility is at least one quarter of a statute mile if

(i) the private operator is authorized to do so under a special authorization,
(ii) the aircraft is operated by at least two flight crew members,

(iii) the flight plan filed for the flight specifies a take-off alternate aerodrome that

(A) in the case of a twin-engined aircraft, is within the distance that can be flown in 60 minutes at normal cruising speed, or
(B) in the case of an aircraft with three or more engines, is within the distance that can be flown in 120 minutes at normal cruising speed,

(iv) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have received the following training for which the validity period has not expired:

(A) take-off alternate aerodrome requirements,
(B) pilot-in-command experience requirements,
(C) pilot-in-command responsibility for visibility and obstacle clearance requirements, and
(D) minimum aircraft and runway equipment requirements,

(v) the pilot-in-command

(A) identifies any obstructions that may be in the take-off path,

(B) determines — using the aircraft performance data and limitations specified in the aircraft flight manual — that the aircraft is, with the critical engine inoperative, able to

(I) safely clear those obstructions, and
(II) maintain at least the minimum enroute altitude to the take-off alternate aerodrome, and

(C) verifies that the RVR is at least 1,200 feet or the ground visibility is at least one quarter of a statute mile,

(vi) the runway is equipped with high-intensity runway lights, or runway centre line lights, that are serviceable and functioning and that are visible to the pilot throughout the take-off run, or with runway centre line markings that are visible to the pilot throughout the take-off run,
(vii) the pilot-in-command and second-in-command attitude indicators provide a clear depiction of total aircraft attitude that includes the incorporation of pitch attitude index lines in appropriate increments up to 15° above and 15° below the reference line,
(viii) failure warning systems to immediately detect failures and malfunctions in attitude indicators, directional gyros and horizontal situation indicators are operative, and
(ix) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have demonstrated to the private operator the ability to operate the aircraft in accordance with this paragraph; and

(b) a pilot-in-command may conduct a take-off in an aircraft operated by a private operator when the reported RVR is at least 600 feet if

(i) the private operator is authorized to do so under a special authorization,
(ii) the aircraft is operated by at least two flight crew members,

(iii) the flight plan filed for the flight specifies a take-off alternate aerodrome that

(A) in the case of a twin-engined aircraft, is within the distance that can be flown in 60 minutes at normal cruising speed, or
(B) in the case of an aircraft with three or more engines, is within the distance that can be flown in 120 minutes at normal cruising speed,

(iv) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have received the following training for which the validity period has not expired:

(A) ground training in

(I) take-off alternate aerodrome requirements,
(II) pilot-in-command experience requirements,
(III) pilot-in-command responsibility for visibility and obstacle clearance requirements, and
(IV) minimum aircraft and runway equipment requirements, and

(B) level C or D flight simulator training that includes

(I) one completed take-off at an RVR of 600 feet, and
(II) one rejected take-off, at an RVR of 600 feet, that includes an engine failure,

(v) the pilot-in-command

(A) identifies any obstructions that may be in the take-off path,

(B) determines — using the aircraft performance data and limitations specified in the aircraft flight manual — that the aircraft is, with the critical engine inoperative, able to

(I) safely clear those obstructions, and
(II) maintain at least the minimum enroute altitude to the take-off alternate aerodrome, and

(C) verifies that the RVR is at least 600 feet,

(vi) the runway is equipped

(A) with high-intensity runway lights, and runway centre line lights, that are serviceable and functioning and that are visible to the pilot throughout the take-off run, and with runway centre line markings that are visible to the pilot throughout the take-off run, and

(B) with two RVR sensors that each show an RVR of at least 600 feet, one sensor being situated at the approach end of the runway and the other at

(I) the mid-point of the runway, or
(II) the departure end of the runway, if the runway is equipped with three RVR sensors and the sensor situated at the mid-point is not serviceable,

(vii) the pilot-in-command and second-in-command attitude indicators provide a clear depiction of total aircraft attitude that includes the incorporation of pitch attitude index lines in appropriate increments up to 15° above and 15° below the reference line,
(viii) failure warning systems to immediately detect failures and malfunctions in attitude indicators, directional gyros and horizontal situation indicators are operative, and
(ix) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have demonstrated to the private operator the ability to operate the aircraft in accordance with this paragraph.

SOR/2014-131, s. 18.

Instrument Procedures — GNSS

604.50 No person shall conduct an instrument procedure using a GNSS receiver in an aircraft operated by a private operator unless

(a) the private operator is authorized to do so under a special authorization;

(b) every flight crew member has received the following training for which the validity period has not expired:

(i) ground training in

(A) the GNSS and its theory of operation,
(B) the operation of the model of GNSS receiver that will be used, and
(C) the actions to be taken in response to GNSS receiver warnings and messages, and

(ii) in-flight training

(A) in the operation of the model of GNSS receiver that will be used,
(B) in the actions to be taken in response to GNSS receiver warnings and messages,
(C) in the use of the GNSS receiver for instrument procedures and other associated duties for each crew position that the flight crew member will occupy,

(D) provided

(I) on board an aircraft, or
(II) using a Level C or D flight simulator equipped with the same model of GNSS receiver as is installed in the private operator’s aircraft or with a model with a user interface comparable to the user interface of that GNSS receiver, and

(E) provided by a pilot who has received training on the same model of GNSS receiver as is installed in the private operator’s aircraft or on a model with a user interface comparable to the user interface of that GNSS receiver;

(c) every flight crew member has demonstrated to the private operator the ability to conduct an instrument approach using a GNSS receiver in accordance with this section;
(d) the coverage area of the GNSS receiver database is compatible with the area of operation in which the aircraft will be operated;

(e) the private operator has established procedures to ensure that

(i) the GNSS receiver database is updated so that it remains current,
(ii) flight crew members who identify GNSS receiver database errors communicate those errors to the private operator, and
(iii) the GNSS receiver database errors identified are communicated to the private operator’s other personnel and to the GNSS receiver database provider;

(f) if the aircraft is designed to be operated by one flight crew member, the GNSS course deviation and distance displays are located at the pilot station normally occupied by the pilot-in-command and within the primary field of vision of the flight crew member who occupies the pilot station;
(g) if the aircraft is designed to be operated by two flight crew members, the GNSS course deviation and distance displays are located at each pilot station and within the primary field of vision of the flight crew member who occupies the pilot station;

(h) if the aircraft is designed to be operated by one flight crew member, but can be operated by two flight crew members,

(i) the control display unit that is linked to the GNSS receiver is centrally located in relation to the two pilot stations and provides navigation information that is visible to the pilot not flying, or
(ii) the GNSS course deviation and distance displays are located at each pilot station and within the primary field of vision of the flight crew members who occupy those pilot stations; and

(i) the private operator has established GNSS approach procedures in order to prevent confusion between GNSS distance information and distance measuring equipment (DME) information.

SOR/2014-131, s. 18.

Precision Approaches — CAT II and CAT III

604.51 No person shall conduct a CAT II or a CAT III precision approach in an aircraft operated by a private operator unless

(a) the private operator is authorized to do so under a special authorization;
(b) the requirements of section 602.128 are met;

(c) every flight crew member has received, in respect of CAT II and CAT III precision approaches, ground training for which the validity period has not expired that includes the following elements:

(i) the characteristics, capabilities and limitations of the instrument landing system (ILS), including how its performance is affected by interference from other airborne or taxiing aircraft and from ground vehicles,
(ii) the characteristics of the visual aids and the limitations on their use in reduced visibility at the various glide path angles and cockpit cut-off angles, and the height at which visual cues are expected to appear in actual operating conditions,
(iii) the operation, capabilities and limitations of the airborne systems,
(iv) the procedures and techniques for an approach, a missed approach and a rejected landing, and a description of the factors affecting height loss during a missed approach in normal and abnormal aircraft configurations,
(v) the use and limitations of RVR, including the applicability of RVR readings from different positions along the runway,
(vi) obstacle limitation surfaces, obstacle-free zones, missed approach design criteria, obstacle clearance for a CAT II or CAT III precision approach, and obstacle clearance for a go-around and a rejected landing,
(vii) the effects of turbulence, precipitation and low level windshear,
(viii) the procedures and techniques for making the transition from instrument flight to visual flight in low RVR conditions, including the geometry of eye, wheel and antenna positions in relation to ILS reference datum height,
(ix) the actions to be taken if the required visual reference becomes inadequate when the aircraft is below the decision height, and the technique to be used for making the transition from visual flight to instrument flight if a go-around is necessary,
(x) the actions to be taken in the event of a failure of the approach and landing equipment above and below the decision height or alert height,
(xi) the recognition of a failure of the ground equipment, and the actions to be taken in the event of such a failure,
(xii) the factors to be taken into account in the determination of the decision height or alert height,
(xiii) the effect of aircraft malfunctions, including engine failure, on auto-throttle and auto-pilot performance,
(xiv) the procedures to be followed and the precautions to be taken while taxiing in reduced visibility, and
(xv) the standard operating procedures to be followed by crew members in normal, abnormal and emergency conditions;

(d) every flight crew member has received, in respect of CAT II and CAT III precision approaches, training on a synthetic flight training device that includes the following elements:

(i) two approaches, at least one of which is in an engine-out configuration if the aircraft is certified under Part V to perform in that configuration,
(ii) a missed approach from the lowest minima specified in the special authorization, or a rejected landing, as applicable,
(iii) an automatic landing or a manual landing from one of the approaches, as applicable, at the maximum crosswind authorized for the aircraft, and
(iv) for CAT III approaches based on the use of a fail-passive rollout control system, a manual rollout using visual references or a combination of visual and instrument references;

(e) every flight crew member has received, in respect of CAT II and CAT III precision approaches, training on a synthetic flight training device for which the validity period has not expired that includes the following elements:

(i) one precision approach resulting in a landing, and
(ii) a missed approach from the lowest minima specified in the special authorization, or a rejected landing, as applicable; and

(f) every flight crew member has demonstrated to the private operator the ability to operate the aircraft in accordance with this section.

SOR/2014-131, s. 18.

Instrument Procedures — Restricted Canada Air Pilot

604.52 No person shall, in an aircraft operated by a private operator, conduct an instrument procedure that is specified in the Restricted Canada Air Pilot for an aerodrome unless

(a) the private operator is authorized to do so under a special authorization;
(b) the person conducts the procedure in accordance with the requirements set out in the Restricted Canada Air Pilot in respect of the procedure; and
(c) every flight crew member has received the training necessary to mitigate the risks or hazards associated with that procedure with respect to the safety of the aircraft, persons or property, and the validity period for that training has not expired.

SOR/2014-131, s. 18.

CMNPS and RNPC Requirements

604.53 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with Canadian minimum navigation performance specifications (CMNPS) or required navigation performance capability (RNPC) unless

(a) the private operator is authorized under a special authorization to operate the aircraft in accordance with CMNPS or RNPC;

(b) every flight crew member has received CMNPS or RNPC training, for which the validity period has not expired, in

(i) normal operating procedures, including long-range navigation system pre-flight data entry and periodic cross-checking of the system position display against the aircraft position,
(ii) the method of monitoring and cross-checking the long-range navigation system that is coupled to the auto-pilot,
(iii) the actions to be taken in the event of a discrepancy among long-range navigation systems, and the method of determining which is the most accurate or reliable system,
(iv) contingency procedures,
(v) the actions to be taken in the event of a failure of one or more long-range navigation systems,
(vi) the procedure for manually updating long-range navigation systems,
(vii) airborne emergency procedures, including realignment, if applicable,
(viii) the procedure for regaining track after a deliberate or accidental deviation from the cleared track, and
(ix) RNAV systems; and

(c) the aircraft is equipped with at least two independent long-range navigation systems or is operated as follows:

(i) in the case of an aircraft equipped only with the radio navigation equipment referred to in paragraph 605.18(j), the aircraft is operated only on high level airways, and

(ii) in the case of an aircraft equipped with at least two independent navigation systems, one of which is a long-range navigation system, the aircraft is operated only in RNPC airspace

(A) on high level fixed RNAV routes,
(B) on direct routes that begin and end within the reception range of ground-based navigation aids, or
(C) on high level airways.

SOR/2014-131, s. 18.

RNPC Requirements — High Level Fixed RNAV Routes

604.54 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated on a high level fixed RNAV route in accordance with required navigation performance capability (RNPC) unless

(a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNPC;

(b) every flight crew member has received RNPC training, for which the validity period has not expired, in

(i) normal operating procedures, including navigation system pre-flight data entry and periodic cross-checking of the system position display against the aircraft position,
(ii) the method of monitoring and cross-checking the navigation system that is coupled to the auto-pilot,
(iii) the actions to be taken in the event of a discrepancy among navigation systems, and the method of determining which is the most accurate or reliable system,
(iv) contingency procedures,
(v) the actions to be taken in the event of a failure of one or more navigation systems,
(vi) the procedure for manually updating navigation systems,
(vii) airborne emergency procedures, including realignment, if applicable,
(viii) the procedure for regaining track after a deliberate or accidental deviation from the cleared track, and
(ix) RNAV systems; and

(c) the aircraft is equipped with at least two independent navigation systems, one of which is a long-range navigation system.

SOR/2014-131, s. 18.

NAT-MNPS Requirements

604.55 (1) No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with North Atlantic minimum navigation performance specifications (NAT-MNPS) unless

(a) the private operator is authorized under a special authorization to operate the aircraft in accordance with NAT-MNPS;

(b) every flight crew member has received NAT-MNPS training, for which the validity period has not expired, in

(i) normal operating procedures, including long-range navigation system pre-flight data entry and periodic cross-checking of the system position display against the aircraft position,
(ii) the method of monitoring and cross-checking the long-range navigation system that is coupled to the auto-pilot,
(iii) the actions to be taken in the event of a discrepancy among long-range navigation systems, and the method of determining which is the most accurate or reliable system,
(iv) contingency procedures,
(v) the actions to be taken in the event of a failure of one or more long-range navigation systems,
(vi) the procedure for manually updating long-range navigation systems,
(vii) airborne emergency procedures, including realignment, if applicable,
(viii) the procedure for regaining track after a deliberate or accidental deviation from the cleared track, and
(ix) RNAV systems; and

(c) subject to subsections (2) and (4), the aircraft is equipped with at least two independent long-range navigation systems.

(2) No person shall operate, in NAT-MNPS airspace, an aircraft operated by a private operator that is equipped with only one long-range navigation system, or that has only one functioning long-range navigation system, except on routes that are specified by the civil aviation authority of a contracting state as routes for aircraft equipped with only one long-range navigation system.

(3) If the long-range navigation system referred to in subsection (2) is a GNSS receiver, it may be used if

(a) a Canadian Technical Standard Order (CAN-TSO) design approval has been issued in respect of the GNSS receiver; or
(b) the GNSS receiver meets the performance requirements of Technical Standard Order TSO-C196a, Airborne Supplemental Navigation Sensors for Global Positioning System Equipment Using Aircraft-Based Augmentation, published by the Federal Aviation Administration of the United States.

(4) No person shall operate, in NAT-MNPS airspace, an aircraft operated by a private operator that is equipped only with short-range navigation equipment (VOR, DME, ADF), except on routes G3 or G11.

SOR/2014-131, s. 18.

RVSM Requirements

604.56 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with reduced vertical separation minima (RVSM) unless

(a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RVSM;

(b) every flight crew member has received RVSM training, for which the validity period has not expired, in

(i) the floor, ceiling and horizontal boundaries of RVSM airspace,
(ii) rules on the exclusion of non-RVSM-compliant aircraft from the airspace,

(iii) the procedures to be followed by flight crew members with respect to

(A) pre-flight and in-flight altimeter checks,
(B) use of the automatic altitude control system,
(C) items on the minimum equipment list,
(D) in-flight contingencies,
(E) weather deviation procedures,
(F) track offset procedures for wake turbulence,
(G) inconsequential collision-avoidance systems alerts, and
(H) pilot level-off call,

(iv) procedures relating to non-RVSM-compliant aircraft required to carry out ferry flights, humanitarian flights or delivery flights, and
(v) the use of an Airborne Collision Avoidance System (ACAS) and a Traffic Alert and Collision Avoidance System (TCAS);

(c) the aircraft meets the following eligibility requirements set out in Advisory Circular 91–85, entitled Authorization of Aircraft and Operators for Flight in Reduced Vertical Separation Minimum Airspace, published by the Federal Aviation Administration of the United States:

(i) in respect of aircraft performance, the requirements set out in paragraphs 8c(3), 8c(4), 8c(8), 8d and 10b(5)(d)6, and
(ii) in respect of aircraft equipment, the requirements set out in paragraphs 9a to 9d;

(d) the private operator meets the aircraft continued airworthiness maintenance requirements set out in paragraphs 11d, 11e and 11g of the advisory circular referred to in paragraph (c); and
(e) the aircraft is equipped with a navigation system that meets the requirements set out in paragraph 1.3.3, subparagraphs 1.3.4a) and b), and paragraph 1.3.5 of NAT Doc 007, entitled Guidance Concerning Air Navigation In and Above the North Atlantic MNPS Airspace, published by ICAO.

SOR/2014-131, s. 18.

RNP 10 Requirements

604.57 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with required navigation performance 10 (RNP 10) requirements unless

(a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNP 10 requirements;

(b) every flight crew member has received RNP 10 training, for which the validity period has not expired, in

(i) flight planning requirements,
(ii) navigation performance requirements,
(iii) enroute procedures, and
(iv) contingency procedures;

(c) the aircraft meets one of the following eligibility requirements:

(i) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNP 10 requirements,
(ii) the aircraft can be operated in accordance with another navigation standard with performance criteria that are equivalent to RNP 10 requirements, or
(iii) the private operator has demonstrated to the Minister, using one of the data collection methods set out in section 1.3.3.1.4.2 of Chapter 1 of Part B of Volume II of the PBN Manual, that the aircraft meets the navigational accuracy requirements for RNP 10;

(d) the aircraft is equipped with the navigation equipment referred to in sections 1.3.4 and 1.3.6.1 of Chapter 1 of Part B of Volume II of the PBN Manual;
(e) the equipment referred to in paragraph (d) meets the standards, criteria and performance requirements set out in sections 1.3.4.1, 1.3.4.2, 1.3.6.1 and 1.3.11 of Chapter 1 of Part B of Volume II of the PBN Manual; and
(f) the private operator applies the processes, practices and procedures relating to the duties and practices set out in sections 1.3.7, 1.3.8 and 1.3.9.2 to 1.3.9.9 of Chapter 1 of Part B of Volume II of the PBN Manual.

SOR/2014-131, s. 18.

RNP 4 Requirements

604.58 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with required navigation performance 4 (RNP 4) requirements unless

(a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNP 4 requirements;
(b) every flight crew member has received the training referred to in paragraph 604.60(b), and the validity period for that training has not expired;

(c) the aircraft meets one of the following eligibility requirements:

(i) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNP 4 requirements,
(ii) the aircraft can be operated in accordance with another navigation standard with performance criteria that are equivalent to RNP 4 requirements, or
(iii) the private operator has demonstrated to the Minister that the aircraft meets the navigational accuracy requirements for RNP 4;

(d) the aircraft is equipped with the navigation equipment referred to in sections 1.3.3.1 and 1.3.3.2 of Chapter 1 of Part C of Volume II of the PBN Manual;
(e) the equipment referred to in paragraph (d) meets the standards, criteria and functional requirements set out in sections 1.3.3.4 to 1.3.3.7 of Chapter 1 of Part C of Volume II of the PBN Manual; and
(f) the private operator applies the processes, practices and procedures relating to the duties and practices set out in sections 1.3.4.2.1 to 1.3.4.4.4 and 1.3.6 of Chapter 1 of Part C of Volume II of the PBN Manual.

SOR/2014-131, s. 18.

RNAV 5 Requirements

604.59 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with area navigation 5 (RNAV 5) requirements unless

(a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNAV 5 requirements;
(b) every flight crew member has received the training referred to in paragraph 604.60(b) and the validity period for that training has not expired;

(c) the aircraft meets one of the following eligibility requirements:

(i) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNAV 5 requirements,
(ii) the aircraft can be operated in accordance with another navigation standard with performance criteria that are equivalent to RNAV 5 requirements, or
(iii) the private operator has demonstrated to the Minister that the aircraft meets the navigational accuracy requirements for RNAV 5;

(d) the aircraft is equipped with at least one of the position sensors referred to in section 2.3.3 of Chapter 2 of Part B of Volume II of the PBN Manual;
(e) the position sensors referred to in paragraph (d) meet the performance requirements, criteria and functional requirements set out in sections 2.3.3.1 to 2.3.3.3 of Chapter 2 of Part B of Volume II of the PBN Manual; and
(f) the private operator applies the processes, practices and procedures relating to the duties and practices set out in section 2.3.4 of Chapter 2 of Part B of Volume II of the PBN Manual.

SOR/2014-131, s. 18.

RNAV 1 and RNAV 2 Requirements

604.60 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with area navigation 1 (RNAV 1) or area navigation 2 (RNAV 2) requirements unless

(a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNAV 1 or RNAV 2 requirements;

(b) every flight crew member has received RNAV 1 or RNAV 2 training, for which the validity period has not expired, in

(i) pre-flight procedures for initialization, loading and verification of the area navigation system,
(ii) the normal operation of the area navigation system,
(iii) the procedure for manually updating the position of the area navigation system,
(iv) the method of monitoring and cross-checking the area navigation system,
(v) the operation of the area navigation system in a compass unreliability area,
(vi) malfunction procedures,
(vii) terminal area procedures,
(viii) waypoint symbology, plotting procedures and record-keeping duties and practices,
(ix) timekeeping procedures,
(x) post-flight performance checks,
(xi) flight planning,
(xii) navigation performance requirements,
(xiii) enroute procedures, and
(xiv) contingency procedures;

(c) the aircraft meets one of the following eligibility requirements:

(i) the aircraft can be operated in accordance with precision area navigation (P-RNAV) requirements based on GNSS capability under an authorization issued by the competent authority of a contracting state,
(ii) the aircraft can be operated in accordance with area navigation (RNAV) requirements based on DME/DME or DME/DME/IRU capability under an authorization issued by the Federal Aviation Administration of the United States, or
(iii) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNAV 1 or RNAV 2 requirements;

(d) the aircraft is equipped with at least one of the pieces of equipment referred to in section 3.3.3 of Chapter 3 of Part B of Volume II of the PBN Manual;
(e) the equipment referred to in paragraph (d) meets the performance requirements, criteria and functional requirements set out in sections 3.3.3.1 to 3.3.3.2.1.1 and 3.3.3.2.1.3 to 3.3.3.3 of Chapter 3 of Part B of Volume II of the PBN Manual;
(f) every flight crew member has demonstrated to the Minister the ability to operate the aircraft in accordance with this section; and
(g) the private operator applies the processes, practices and procedures relating to the duties and practices set out in sections 3.3.3.2.1.2, 3.3.4.2 to 3.3.4.6 and 3.3.6 of Chapter 3 of Part B of Volume II of the PBN Manual.

SOR/2014-131, s. 18.

[604.61 to 604.73 reserved]
Other Activities Approved by the Minister

604.74 (1) The Minister shall establish requirements in respect of an activity that is not set out in sections 604.48 to 604.60 and in respect of which a special authorization may be issued if

(a) the activity is subject to

(i) operational and technical requirements established by ICAO or by the civil aviation authority of a foreign state, or
(ii) a submission to the Minister, by a private operator, an air operator or a third party, that establishes operational and technical requirements and risk mitigation measures based on an analysis of aviation-safety-related hazards;

(b) in the case referred to in subparagraph (a)(i), the operational and technical requirements are necessary for the conduct of flights abroad or in Canada by private operators, and those flights can be conducted in a safe manner; and
(c) in the case referred to in subparagraph (a)(ii), the operational and technical requirements and risk mitigation measures ensure the safety of the flights conducted by private operators and will not have an adverse effect on aviation safety.

(2) If the Minister establishes requirements in respect of an activity referred to in subsection (1), no person shall, in an aircraft operated by a private operator, carry out the activity unless

(a) the private operator is authorized to carry out the activity under a special authorization;
(b) every flight crew member has received, if applicable, the training specified by the Minister under subsection (3) in respect of the activity, and the validity period for that training has not expired; and
(c) every flight crew member has demonstrated to the Minister the ability to carry out the activity in accordance with the operational and technical requirements referred to in subparagraph (1)(a)(i) or (ii), as applicable, and to take the measures that are necessary to manage or mitigate the risks associated with that activity.

(3) The Minister shall specify training in respect of an activity referred to in subsection (1) taking into account

(a) any training that is recommended by the civil aviation authority of a foreign state or by ICAO in respect of the activity;
(b) the risks and hazards associated with the activity with respect to the safety of the aircraft, persons or property; and
(c) the level of safety required by the activity.

SOR/2014-131, s. 18.

[604.75 to 604.80 reserved]
Division V — Flight Operations — Passengers

604.81 [Reserved, SOR/2015-127, s. 11]

Cabin Safety

604.82 (1) No person shall conduct a take-off in an aircraft that is operated by a private operator and that has passengers on board, move the aircraft on the surface or direct that the aircraft be moved unless

(a) safety belts are adjusted and fastened in accordance with paragraph 605.26(1)(a), infants are held in accordance with paragraph 605.26(1)(b), and persons using child restraint systems are secured in accordance with paragraph 605.26(1)(c);
(b) subject to subsection (5), seat backs are secured in the upright position;
(c) chair tables are stowed;
(d) carry-on baggage is stowed; and
(e) no seat located at an emergency exit is occupied by a passenger — including a passenger who has not been informed as to how that exit operates — whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation.

(2) No person shall conduct a landing in an aircraft operated by a private operator unless

(a) passengers have been directed to

(i) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c),
(ii) subject to subsection (5), secure their seat backs in the upright position,
(iii) stow their chair tables, and
(iv) stow their carry-on baggage; and

(b) if a seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, the passenger has been directed to move to another seat.

(3) The pilot-in-command of an aircraft operated by a private operator shall, in the event of an emergency and if time and circumstances permit,

(a) direct passengers to

(i) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c),
(ii) subject to subsection (5), secure their seat backs in the upright position,
(iii) stow their chair tables,
(iv) stow their carry-on baggage,
(v) review the safety features card and assume the brace position until the aircraft stops moving, and
(vi) in the event of an emergency over water, don their life preservers; and

(b) if a seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, direct the passenger to move to another seat.

(4) The pilot-in-command of an aircraft operated by a private operator shall, if the “fasten safety belt” sign is turned on during the flight, direct passengers to

(a) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c); and
(b) stow their carry-on baggage.

(5) The seat of a passenger who is certified by a physician as unable to sit upright may remain in the reclining position during movement on the surface, take-off and landing if

(a) the passenger is not seated in a location that would restrict the evacuation of the aircraft;
(b) the passenger is not seated in a row that is next to or immediately in front of an emergency exit; and
(c) the seat immediately behind the passenger’s seat is vacant.

SOR/2014-131, s. 18.

Fuelling with Passengers on Board

604.83 (1) No person operating an aircraft operated by a private operator shall permit the fuelling of the aircraft while passengers are on board or are embarking or disembarking, unless

(a) in order for persons on board the aircraft to be notified promptly of a situation that could threaten their safety, two-way communication is maintained between the ground personnel supervising the fuelling and a person on board the aircraft who has received training in emergency evacuation procedures for that aircraft type;
(b) no ground power generator or other electrical ground power supply is being connected to or disconnected from the aircraft;
(c) no combustion heater installed on the aircraft is being used;
(d) every combustion heater used in the vicinity of the aircraft has a marking, applied by the manufacturer, indicating that the heater is manufactured to Canadian Standards Association (CSA) or Underwriters Laboratories of Canada (ULC) standards;
(e) no high-energy-emitting equipment, including high-frequency radios and airborne weather radar, is being operated unless the aircraft flight manual contains procedures for its use during fuelling and those procedures are followed;
(f) no aircraft battery is being removed or being installed;
(g) no external battery charger is being operated or is being connected to or disconnected from an aircraft battery;
(h) no auxiliary power unit having an efflux that discharges into the fuelling safety zone is started after filler caps are removed or fuelling connections are made;
(i) no auxiliary power unit that is stopped is restarted until the flow of fuel has ceased, unless the aircraft flight manual establishes procedures for restarting the unit during fuelling and those procedures are followed;
(j) no tool that is likely to produce a spark or electric arc is being used;
(k) no photographic equipment is being used within the fuelling safety zone;
(l) the fuelling is suspended if there is a lightning discharge within eight kilometres of the aerodrome;
(m) the fuelling is carried out in accordance with the aircraft manufacturer’s instructions;
(n) the aircraft emergency lighting system, if any, is armed or on;
(o) “no smoking” signs, if any, on board the aircraft are illuminated;
(p) no passenger is smoking or otherwise producing a source of ignition;
(q) two exits, one of which is the door through which passengers embarked, are free of obstruction and are available for immediate use by passengers and crew members in the event of an evacuation;
(r) the escape route from each of the exits referred to in paragraph (q) is free of obstruction and is available for immediate use by passengers and crew members in the event of an evacuation;
(s) a person who is authorized by the private operator to suspend fuelling is on board the aircraft and is ready to direct the suspension of fuelling if a requirement of this subsection ceases to be met;
(t) a means of evacuation is in place at the door used for the embarkation or disembarkation of passengers, is free of obstruction and is available for immediate use by passengers and crew members;
(u) the person on board the aircraft who has received the training referred to in paragraph (a) is ready to initiate and oversee an evacuation and is at or near the door referred to in paragraph (v); and

(v) the embarkation door is open, unless

(i) a crew member determines that, for climatic reasons, it is desirable to close it,
(ii) a crew member is on board the aircraft, and

(iii) the door

(A) opens inward or can be fully opened to the exterior without the need to reposition the loading stairs or stand,
(B) is latched, if that is necessary in order to keep it closed, and
(C) is not locked.

(2) The person who is authorized by the private operator to suspend fuelling shall direct the suspension of fuelling if a requirement of subsection (1) ceases to be met.
(3) For the purposes of subsection (1), fuelling safety zone means an area that extends three metres (10 feet) radially from the filling and venting points on the aircraft and from the fuelling equipment.

SOR/2014-131, s. 18.

Fuelling with Passengers on Board and an Engine Running

604.84 (1) Despite section 602.09, a person operating an aircraft operated by a private operator may permit the fuelling of the aircraft while an engine used for the propulsion of the aircraft is running and passengers are on board or are embarking or disembarking, if

(a) the requirements set out in subsection 604.83(1) are met;
(b) the aircraft flight manual indicates that the engine that is running may be used as an auxiliary power unit; and
(c) the engine that is running has a propeller brake and that brake is set.

(2) The person who is authorized by the private operator to suspend fuelling shall direct the suspension of fuelling if a requirement of subsection (1) ceases to be met.

SOR/2014-131, s. 18.

Briefing of Passengers

604.85 (1) Despite section 602.89, no person shall conduct a take-off in an aircraft operated by a private operator unless passengers are given a safety briefing — orally by a crew member, or by audio or audiovisual means — that contains the following information:

(a) when and where carry-on baggage is to be stowed;
(b) when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses;
(c) when seat backs are to be secured in the upright position and chair tables are to be stowed;
(d) the location of emergency exits and, in the case of a passenger seated next to such an exit, how that exit operates;
(e) the requirement to comply with the instructions given by crew members and with the “fasten safety belt” and “no smoking” signs, and the location of those signs;

(f) the location and operation of the passenger oxygen system, if any, including

(i) the actions to be performed by a passenger in order to

(A) obtain a mask,
(B) activate the flow of oxygen, and
(C) don and secure the mask, and

(ii) the requirement for a passenger to don and secure the passenger’s own mask before assisting another passenger with his or her mask;

(g) the use of life preservers, including how to remove them from their packaging, how to don them and when to inflate them;
(h) when and where smoking is prohibited;
(i) the location of the emergency equipment required under sections 602.62, 602.63, 604.116 and 604.117, and how to access that equipment;
(j) the portable electronic devices that may be used, and when they may be used; and
(k) the location and purpose of the safety features card.

(2) Despite subsection (1), a person may conduct a take-off in an aircraft operated by a private operator without a safety briefing being given to the passengers if

(a) the flight is the second or subsequent flight in a series of flights;
(b) no additional passengers have embarked on board the aircraft; and

(c) a crew member has verified that

(i) carry-on baggage is stowed,
(ii) safety belts and, if any, shoulder harnesses are properly adjusted and securely fastened,
(iii) seat backs are secured in the upright position, and
(iv) chair tables are stowed.

(3) Despite subsection (1), a person may conduct a take-off in an aircraft operated by a private operator without a safety briefing being given to the passengers if each passenger on board the aircraft has, within the 12 months preceding the date of the take-off, received the information referred to in subsection (1) and training in the performance of the following actions:

(a) fastening, adjusting and releasing safety belts and, if any, shoulder harnesses;
(b) operating each type of floor-level exit and window emergency exit;

(c) identifying the location of the passenger oxygen system, if any, and performing the actions necessary in order to

(i) obtain a mask,
(ii) activate the flow of oxygen, and
(iii) don and secure the mask;

(d) identifying the location of life preservers, if any, removing them from their packaging, donning them and inflating them; and
(e) identifying the location of the emergency equipment required by sections 602.62, 602.63, 604.116 and 604.117 and accessing that equipment.

(4) A private operator shall record the name of every passenger who receives the training referred to in subsection (3) and the date on which the training is received. The private operator shall retain the record for two years after the day on which the most recent entry was made.

(5) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations or because the passenger is responsible for another person on board the aircraft, the passenger shall, subject to subsection (6), be given a safety briefing that consists of

(a) communication of the elements of the safety briefing referred to in subsection (1) that

(i) the passenger is not able to receive either during that briefing or by referring to the safety features card, and
(ii) are necessary for the safety of the persons on board the aircraft;

(b) communication of

(i) the most appropriate brace position for the passenger, given the passenger’s condition, injury or stature and the orientation and pitch of his or her seat, and
(ii) where the passenger’s service animal, if any, is to be located;

(c) in the case of a mobility-impaired passenger who would require assistance in order to move to an exit in the event of an emergency, communication of

(i) the most appropriate exit for the passenger,
(ii) the assistance that the passenger would require to reach that exit,
(iii) the most appropriate means of providing that assistance,
(iv) the most appropriate route to that exit, and
(v) the most appropriate time to begin to move to that exit;

(d) in the case of a visually impaired passenger,

(i) a tactile familiarization with

(A) the equipment that the passenger may be required to use in the event of an emergency, and
(B) if requested, the exits, and

(ii) communication of

(A) where the passenger’s cane, if any, is to be stored,
(B) the number of rows of seats separating the passenger’s seat from the closest exit and from the alternate exit, and
(C) the features of those exits;

(e) in the case of a passenger who is responsible for another person on board the aircraft, communication of

(i) if the passenger is responsible for an infant,

(A) the requirement to fasten the passenger’s safety belt and, if any, the passenger’s shoulder harness and not to secure the infant in that safety belt or shoulder harness,
(B) how to hold the infant during take-off and landing,
(C) how to use the child restraint system, if any,
(D) how to place and secure the oxygen mask on the infant’s face,
(E) the most appropriate brace position for the passenger, and
(F) the location of the infant’s life preserver, how to remove it from its location and its packaging, how to assist the infant with donning it and when to inflate it, and

(ii) if the passenger is responsible for a person, other than an infant,

(A) how to assist that person with donning and securing his or her oxygen mask, and
(B) how to use that person’s personal restraint system, if any, on board the aircraft; and

(f) in the case of an unaccompanied minor, communication of the need to pay close attention to the safety briefing.

(6) A passenger may decline the safety briefing referred to in subsection (5).

(7) No person shall permit passengers to disembark from an aircraft operated by a private operator unless the passengers are given a safety briefing — orally by a crew member, or by audio or audiovisual means — that contains the following information:

(a) the safest route for passengers to take in order to move away from the aircraft; and
(b) the hazards, if any, associated with the aircraft, including the location of Pitot tubes, propellers, rotors and engine intakes.

SOR/2014-131, s. 18.

Safety Features Card

604.86 (1) Subject to subsection (2), a private operator shall, before passengers on board an aircraft are given the safety briefing referred to in subsection 604.85(1), provide each passenger at his or her seat with a safety features card that shows the aircraft type and that contains safety information only in respect of the aircraft, including

(a) in the case of an aircraft configured for 19 or fewer passenger seats,

(i) when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses,

(ii) the passenger brace position

(A) for each type of seat and passenger restraint system, and
(B) for a passenger who is holding an infant, and

(iii) the location, operation and use of each emergency exit, including whether it is unusable in a ditching because of the aircraft configuration,

(iv) the location and operation of the passenger oxygen system, if any, including

(A) a description of the masks and their use,

(B) the actions to be performed by a passenger in order to

(I) obtain a mask,
(II) activate the flow of oxygen, and
(III) don and secure the mask, and

(C) the requirement for a passenger to don and secure the passenger’s own mask before assisting another passenger with his or her mask,

(v) the location of life preservers, how they are to be removed from their packaging, how they are to be donned by adults, by children aged two years or older and by infants, and when they are to be inflated,
(vi) when and where smoking is prohibited, and
(vii) the location, removal and use of flotation devices and, if any, life rafts; and

(b) in the case of an aircraft configured for more than 19 passenger seats,

(i) the information set out in subparagraphs (a)(i) to (vii),
(ii) when and where carry-on baggage is to be stowed,
(iii) the positioning of seats, securing of seat backs in the upright position and stowage of chair tables for take-off and landing,
(iv) the form, function, colour and location of the floor proximity emergency escape path markings, if any,
(v) the safest route for passengers to take in order to move away from the aircraft in the event of an emergency, and
(vi) the attitude of the aircraft while floating, as determined by the aircraft manufacturer.

(2) If a flight attendant is not required on board an aircraft, the safety features card referred to in subsection (1) shall also contain the information on the location of the emergency equipment required under sections 604.116, 604.117 and 604.119 and how to access that equipment.

SOR/2014-131, s. 18.

[604.87 to 604.97 reserved]
Division VI — Flight Time and Flight Duty Time

Flight Time Limits

604.98 (1) No private operator shall assign flight time to a flight crew member, and no flight crew member shall accept such an assignment, if the flight crew member’s total flight time in all flights conducted under this Subpart, Part IV or Part VII would, as a result, exceed

(a) 1,200 hours in a period of 12 consecutive months;
(b) 300 hours in a period of 90 consecutive days;
(c) 120 hours in a period of 30 consecutive days; or
(d) 8 hours in a period of 24 consecutive hours, if the assignment is for a single-pilot IFR flight.

(2) If a flight crew’s flight duty time is extended under section 604.101, each flight crew member accumulates, for the purposes of subsection (1), the total flight time for the flight or the total flight time for the series of flights, as the case may be.

SOR/2014-131, s. 18.

Flight Duty Time Limits and Rest Periods

604.99 (1) Subject to sections 604.100 to 604.102, no private operator shall assign flight duty time to a flight crew member, and no flight crew member shall accept such an assignment, if the flight crew member’s flight duty time would, as a result, exceed

(a) 14 consecutive hours in a period of 24 consecutive hours; or

(b) 15 consecutive hours in a period of 24 consecutive hours, if

(i) the flight crew member’s total flight duty time in the previous 30 consecutive days does not exceed 70 hours, or
(ii) the rest period before the flight is at least 24 hours.

(2) A private operator shall ensure that, prior to reporting for flight duty, a flight crew member is provided with the minimum rest period and with any additional rest period required by this Division.

(3) A flight crew member shall use the following periods to be adequately rested prior to reporting for flight duty:

(a) the minimum rest period provided under subsection (2);
(b) any additional rest period required by this Division; and
(c) any period with no assigned duties provided under section 604.104.

SOR/2014-131, s. 18.

Split Flight Duty Time

604.100 Flight duty time may be extended by one half of the length of the rest period, to a maximum of four hours, if

(a) before a flight crew member reports for the first flight or reports as a flight crew member on standby, as the case may be, the private operator provides the flight crew member with notice of the extension of the flight duty time;
(b) the private operator provides the flight crew member with a rest period of at least four consecutive hours in suitable accommodation; and
(c) the flight crew member’s next minimum rest period is increased by an amount of time at least equal to the length of the extension of the flight duty time.

SOR/2014-131, s. 18.

Extension of Flight Duty Time

604.101 If a flight crew is augmented by at least one flight crew member, if there is a balanced distribution of flight deck duty time and rest periods among the flight crew members, and if the next minimum rest period is at least equal to the length of the preceding flight duty time, the flight crew’s flight duty time may be extended

(a) to 17 hours with a maximum flight deck duty time of 12 hours, if a flight relief facility — seat is provided; and
(b) to 20 hours with a maximum flight deck duty time of 14 hours, if a flight relief facility — bunk is provided.

SOR/2014-131, s. 18.

Unforeseen Operational Circumstances

604.102 (1) Flight duty time may be extended by up to three hours if

(a) the pilot-in-command, after consultation with the other flight crew members, considers it safe to do so;
(b) the flight duty time is extended as a result of unforeseen operational circumstances;
(c) the next minimum rest period is increased by an amount of time that is at least equal to the length of the extension of the flight duty time; and
(d) the pilot-in-command notifies the private operator of the unforeseen operational circumstances and of the length of the extension of the flight duty time.

(2) The private operator shall retain a copy of the notification for five years.

SOR/2014-131, s. 18.

Delayed Reporting Time

604.103 When a private operator delays a flight crew member’s reporting time by more than three hours, the flight crew member’s flight duty time is considered to start three hours after the original reporting time if the private operator notifies the flight crew member of the delay

(a) within 12 hours before the original reporting time; and
(b) at least one hour before the flight crew member leaves a rest facility.

SOR/2014-131, s. 18.

Time with no Assigned Duties

604.104 No private operator shall assign duties to a flight crew member, and no flight crew member shall accept those duties, unless the private operator provides the flight crew member with one of the following periods with no assigned duties:

(a) at least 36 consecutive hours in a period of seven consecutive days; or
(b) at least three consecutive calendar days in a period of 17 consecutive days.

SOR/2014-131, s. 18.

Rest Period — Flight Crew Member Positioning

604.105 If a flight crew member is required by a private operator to travel for the purpose of positioning after the completion of flight duty time, the private operator shall provide the flight crew member with an additional rest period that is at least equal to one half of the time spent for that purpose that is in excess of the flight duty time referred to in paragraphs 604.99(1)(a) and (b).
SOR/2014-131, s. 18.

Controlled Rest on the Flight Deck

604.106 (1) No private operator shall allow a flight crew member to take a controlled rest on the flight deck of an aircraft operated by the private operator unless

(a) the private operator has a controlled-rest-on-the-flight-deck program that includes the following elements:

(i) guidelines on the use of controlled rest, including the factors allowing or preventing its use,
(ii) the general principles relating to fatigue and fatigue countermeasures, and
(iii) the procedures to be followed by participating crew members before, during and after a controlled rest; and

(b) every participating crew member has received training relating to the elements of the controlled-rest-on-the-flight-deck program.

(2) The pilot-in-command of an aircraft operated by a private operator shall determine whether the flight conditions, the duration of the flight and the physiological condition of the crew members allow a controlled rest on the flight deck to be taken by a flight crew member.

(3) The pilot-in-command of an aircraft operated by a private operator shall give participating crew members a briefing that includes the following elements:

(a) the order in which the periods of controlled rest are to be taken by the flight crew members;
(b) the planned duration of each period of controlled rest;
(c) the circumstances under which a resting flight crew member is to be woken;
(d) the procedures for the transfer of flight controls and duties; and
(e) flight attendant duties in relation to a controlled rest.

(4) The flight crew members on board an aircraft operated by a private operator shall

(a) prior to each controlled rest on the flight deck,

(i) participate in an operational briefing,
(ii) carry out the transfer of duties, and
(iii) inform the flight attendants of the controlled rest; and

(b) remain on the flight deck during the controlled rest.

(5) The flight crew member who supervises a controlled rest on the flight deck of an aircraft operated by a private operator shall, during the controlled rest,

(a) perform the duties of the resting flight crew member;
(b) ensure that the controlled rest is taken only during the cruise portion of the flight and is completed at least 30 minutes before top of descent;
(c) ensure that the period of controlled rest is of no more than 45 minutes in duration;
(d) ensure that the resting flight crew member is awake for at least 15 minutes before the resumption of duties, except in abnormal or emergency conditions; and
(e) after the completion of the controlled rest, give an operational briefing to the flight crew member who has taken the controlled rest.

(6) For the purposes of this section, participating crew member means the resting flight crew member and the flight crew member who supervises the controlled rest on the flight deck.

SOR/2014-131, s. 18.

[604.107 to 604.115 reserved]
Division VII — Emergency Equipment

Survival Equipment

604.116 (1) No person shall operate over land an aircraft operated by a private operator, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to survive on the ground and how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1).

(2) No person shall operate over water an aircraft operated by a private operator unless a survival kit is carried on board that, in addition to meeting the requirement of paragraph 602.63(6)(c), contains

(a) a radar reflector;
(b) a life raft repair kit;
(c) a bailing bucket and a sponge;
(d) a whistle;
(e) a waterproof flashlight;
(f) a two-day supply of potable water — based on 500 millilitres per person per day and calculated using the overload capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 millilitres of potable water per person per day;
(g) a waterproof survival manual that contains information about how to survive at sea;
(h) a first aid kit that contains antiseptic swabs, burn dressing compresses, bandages and motion sickness pills; and
(i) a pyrotechnic signalling device, or an aviation visual distress signal that has a marking, applied by the manufacturer, indicating that the signal meets the requirements of CAN‑TSO-C168, a signalling mirror and a dye marker for visually signalling distress.

SOR/2014-131, s. 18.

First Aid Kits

604.117 (1) Despite paragraph 602.60(1)(h), no person shall conduct a take-off in an aircraft operated by a private operator that is configured as follows unless the corresponding number of first aid kits is carried on board, and each kit contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations:

(a) on board an aircraft configured for 1 to 50 passenger seats, one kit;
(b) on board an aircraft configured for 51 to 150 passenger seats, two kits;
(c) on board an aircraft configured for 151 to 250 passenger seats, three kits; and
(d) on board an aircraft configured for 251 or more passenger seats, four kits.

(2) No person shall conduct a take-off in an aircraft operated by a private operator unless

(a) the first aid kits referred to in subsection (1) are distributed throughout the cabin and are readily available to crew members and passengers;
(b) each first aid kit is clearly identified; and
(c) if a first aid kit is stowed in a bin or compartment, the bin or compartment is clearly marked as containing a first aid kit.

SOR/2014-131, s. 18.

Protective Breathing Equipment

604.118 (1) No person shall conduct a take-off in a pressurized aircraft operated by a private operator that has flight attendants on board unless one unit of protective breathing equipment with a 15-minute portable supply of breathing gas at a pressure-altitude of 8,000 feet is available

(a) at the entry into each Class A, B, E and F cargo compartment accessible to crew members during flight;
(b) at the site of each hand-held fire extinguisher that is located in an isolated galley;
(c) on the flight deck; and
(d) at the site of each hand-held fire extinguisher that is required under section 604.119.

(2) If the breathing gas in the protective breathing equipment referred to in subsection (1) is oxygen, each unit of that equipment reduces by 15 minutes the crew member oxygen requirements specified in subsection 605.31(2).

SOR/2014-131, s. 18.

Hand-held Fire Extinguishers

604.119 No person shall conduct a take-off in an aircraft operated by a private operator unless

(a) hand-held fire extinguishers are available as follows:

(i) extinguishers are distributed, in every passenger compartment configured as follows, in the numbers indicated:

(A) in a passenger compartment configured for fewer than 20 passenger seats, one extinguisher,
(B) in a passenger compartment configured for 20 to 60 passenger seats, two extinguishers,
(C) in a passenger compartment configured for 61 to 200 passenger seats, three extinguishers, and
(D) in a passenger compartment configured for 201 or more passenger seats, one additional extinguisher for each additional unit of 100 passenger seats,

(ii) one extinguisher is located at the entrance to each Class E cargo compartment that is accessible to crew members during flight, and
(iii) one extinguisher is located in each isolated galley; and

(b) if a hand-held fire extinguisher is stowed in a bin or compartment, the bin or compartment is clearly marked as containing a fire extinguisher.

SOR/2014-131, s. 18.

[604.120 to 604.125 reserved]
Division VIII — Maintenance

Maintenance Manager

604.126 The maintenance manager is responsible and accountable for the maintenance control system.
SOR/2014-131, s. 18.

Maintenance Control System

604.127 A private operator shall have, in respect of its aircraft, a maintenance control system that includes

(a) in the case of a private operator who provides the parts and materials that will be used in the performance of maintenance or elementary work, procedures to ensure that only parts and materials that meet the requirements of Subpart 71 of Part V are used, including

(i) the details of part pooling arrangements, if any, that have been entered into by the private operator, and
(ii) procedures used for the inspection and storage of incoming parts and materials;

(b) if the private operator authorizes, for the performance of elementary work, the use of methods, techniques, practices, parts, materials, tools, equipment or test apparatuses referred to in paragraph 571.02(1)(b) or (c), the source of those methods, techniques, practices, parts, materials, tools, equipment or test apparatuses and a general description of the elementary work;
(c) procedures to ensure that the persons who perform maintenance, elementary work or servicing are authorized to do so under section 604.128;

(d) procedures to ensure that an aircraft is not returned to service unless it is

(i) airworthy, and
(ii) equipped, configured and maintained for its intended use;

(e) a description of the defect reporting and control procedures required by section 604.129;
(f) the aircraft service information review procedures required by section 604.131;
(g) procedures to ensure that the records referred to in section 604.132 are established and retained in accordance with that section;
(h) procedures to ensure that the tasks required by a maintenance schedule or by an airworthiness directive are completed within the time limits set out in Subpart 5 of Part VI;
(i) procedures to ensure that the particulars relating to aircraft empty weight and empty centre of gravity are entered in accordance with the requirements of Item 2 of Schedule I to Subpart 5 of Part VI;
(j) a general description of the maintenance schedule required under paragraph 605.86(1)(a) and, in the case of a turbine-powered pressurized aeroplane or a large aeroplane, the approval number of the maintenance schedule approved under subsection 605.86(2); and
(k) details of the methods used to record the maintenance, elementary work or servicing performed and to ensure that any defects are recorded in the technical records that are required to be kept under subsection 605.92(1).

SOR/2014-131, s. 18.

Maintenance, Elementary Work and Servicing

604.128 (1) No private operator shall authorize a person to perform maintenance or elementary work on any of its aircraft unless

(a) the person

(i) has received the training referred to in subsection 604.182(1), and
(ii) in the case of elementary work, has performed that work at least once under the supervision of the holder of an aircraft maintenance engineer (AME) licence or the holder of an approved training organization certificate; or

(b) the person is authorized to do so under a written agreement that

(i) describes the maintenance or elementary work to be performed, including the specific tasks and activities and the conditions under which they are to be performed, and
(ii) provides that the private operator is responsible for ensuring that the maintenance or elementary work is performed.

(2) If a member of the private operator’s personnel performs servicing on any of the private operator’s aircraft, the private operator shall ensure that the member meets the training requirements set out in subsection 604.182(2).
(3) A private operator shall retain a copy of the written agreement referred to in paragraph (1)(b) for two years after the day on which the agreement comes into force.

SOR/2014-131, s. 18.

Defect Reporting and Control Procedures

604.129 A private operator shall have procedures to ensure that

(a) aircraft defects are recorded in accordance with subsection 605.94(1);
(b) aircraft defects are rectified in accordance with the requirements of Subpart 5 of Part VI;
(c) an aircraft defect that occurs three times within 15 flights is identified and is reported as a recurring defect to the flight crew and maintenance personnel in order to avoid the repetition of unsuccessful attempts at rectification; and
(d) an aircraft defect, the rectification of which has been deferred, is scheduled for rectification.

SOR/2014-131, s. 18.

Service Difficulty Reporting

604.130 A private operator shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any service difficulty related to the aircraft that it operates under this Subpart.
SOR/2014-131, s. 18.

Aircraft Service Information Review

604.131 A private operator shall have procedures to ensure that

(a) it is aware of the aircraft service information that the holder of a design approval document produces in respect of the aeronautical products used by the private operator;
(b) the aircraft service information is assessed, and the results of the assessment are signed and dated by the maintenance manager and retained for six years; and
(c) the maintenance schedule or any other procedure is, if necessary, amended in response to the assessment.

SOR/2014-131, s. 18.

Personnel Records

604.132 (1) A private operator shall have for its personnel a record that includes the following information:

(a) the name of any person authorized under section 571.11 to sign a maintenance release under section 571.10; and
(b) the name of any person who has performed elementary work in accordance with subparagraph 604.128(1)(a)(ii).

(2) The private operator shall retain the record for two years after the day on which it was last updated.

SOR/2014-131, s. 18.

[604.133 to 604.138 reserved]
Division IX — Personnel Requirements

Validity Periods

604.139 (1) Subject to subsections (2) and (3), for the purposes of this Division and Division IV, the validity period of any training, any competency check or any pilot proficiency check expires on

(a) in the case of training in the performance of the emergency procedures referred to in subsection 604.169(2) and in subparagraphs 604.179(z)(viii) and (ix), and the high altitude indoctrination training referred to in section 604.176, the first day of the thirty-seventh month after the month in which the training was completed;
(b) in the case of all other training, the first day of the thirteenth month after the month in which the training was completed; and
(c) in the case of a competency check or pilot proficiency check, the first day of the twenty-fifth month after the month in which the competency check or pilot proficiency check was successfully completed.

(2) If any training, competency check or pilot proficiency check is renewed within the last 90 days of its validity period, its validity period is extended by

(a) 36 months, in the case of training in the performance of the emergency procedures referred to in subsection 604.169(2) and in subparagraphs 604.179(z)(viii) and (ix), and the high altitude indoctrination training referred to in section 604.176;
(b) 12 months, in the case of all other training; and
(c) 24 months, in the case of a competency check or pilot proficiency check.

(3) The Minister shall extend the validity period of any training, competency check or pilot proficiency check for a period of not more than 60 days beginning on the day after the day on which the validity period expires, if

(a) the application for extension is made during the validity period; and
(b) the applicant demonstrates that there has been no reasonable opportunity to renew the training, competency check or pilot proficiency check within the 90 days before the day on which the training, competency check or pilot proficiency check would otherwise expire.

SOR/2014-131, s. 18.

Equivalencies

604.140 (1) A person who will act as a crew member for a private operator, and who has received crew member training under the ground and flight training program of an air operator or under the training program of another private operator, may use that training to meet an equivalent training requirement set out in this Subpart if

(a) the training received by the person is in respect of the aircraft type that the person will operate and the private operator’s area of operation;
(b) the validity period, if any, of that training has not expired; and

(c) the private operator provides the person with training in

(i) the processes, practices and procedures set out in the private operator’s operations manual, and
(ii) the private operator’s emergency procedures for the aircraft in respect of which the person will be assigned duties.

(2) A person who will act as a flight crew member for a private operator, and who has successfully completed a pilot proficiency check with an air operator or a competency check with another private operator, meets the requirements of paragraph 604.143(1)(e) if

(a) the pilot proficiency check or competency check was conducted using an aircraft of the same type that the person will operate;
(b) the validity period of the pilot proficiency check or competency check has not expired; and

(c) the private operator provides the person with training in respect of

(i) the processes, practices and procedures set out in the private operator’s operations manual,
(ii) any differences between the equipment that is installed on the aircraft operated by the private operator and the equipment that is installed on the aircraft operated by the air operator or the other private operator, and
(iii) any differences between the private operator’s operational procedures and those of the air operator or the other private operator.

SOR/2014-131, s. 18.

Operations Manager Qualifications and Responsibilities

604.141 (1) No private operator shall permit a person to act — and no person shall act — as the operations manager unless

(a) the person

(i) holds, or has held, the licence and ratings required by Part IV to act as a pilot-in-command on an aircraft operated by the private operator, or
(ii) has acquired at least three years of supervisory experience with a private operator or air operator whose operations and activities are of a size, nature and complexity that correspond to the size, nature and complexity of the operations and activities of the private operator; and

(b) the person has demonstrated to the private operator knowledge of

(i) the content of the private operator’s operations manual, and
(ii) the provisions of this Subpart and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect the person’s responsibilities.

(2) The operations manager is responsible for the operational control of the private operator’s operations and shall

(a) coordinate the activities that affect operational control, including activities relating to

(i) maintenance,
(ii) crew members’ schedules,
(iii) load control, and
(iv) aircraft operation schedules;

(b) implement the private operator’s policies and procedures to ensure that the private operator’s operations meet the requirements of this Subpart;
(c) if the operations manager receives aeronautical information that indicates a risk to the safety of a flight, ensure that corrective actions are taken to manage or mitigate the risk;
(d) ensure the dissemination of aircraft safety information to the private operator’s personnel; and
(e) implement the emergency response procedures referred to in paragraph 604.203(1)(e).

SOR/2014-131, s. 18.

Chief Pilot Qualifications, Training and Responsibilities

604.142 (1) No private operator shall permit a person to act — and no person shall act — as a chief pilot unless

(a) the person meets the requirements of paragraphs 604.143(1)(a), (b), (d) and (e) for acting as pilot-in-command on an aircraft operated by the private operator; and

(b) the person has demonstrated to the private operator knowledge of

(i) the content of the private operator’s operations manual, and
(ii) the provisions of this Subpart and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect the person’s responsibilities.

(2) The chief pilot is responsible for the flight crew members involved in the private operator’s operations and shall

(a) develop standard operating procedures in respect of aircraft operated by the private operator;
(b) verify whether the aerodromes and routes for aircraft used by the private operator are suitable for aircraft operated by the private operator;
(c) ensure that the operational requirements of the aerodromes and routes used by the private operator are met; and
(d) process any flight crew member reports and take any necessary follow-up action.

SOR/2014-131, s. 18.

Flight Crew Member Qualifications and Training

604.143 (1) No private operator shall permit a person to act — and no person shall act — as a pilot-in-command or second-in-command unless

(a) the person holds the licence, ratings and medical certificate required by Part IV;

(b) in the case of a pilot-in-command,

(i) the person has received, in respect of the aircraft type that the person will operate, the training set out in subsections 604.169(1) and 604.170(1) and, if applicable, the training set out in subsection 604.169(3) and sections 604.177 and 604.178, or equivalent training that meets the requirements of subsection 604.140(1), as the case may be, and
(ii) the validity period of the training has not expired;

(c) in the case of a second-in-command,

(i) the person has received, in respect of the aircraft type that the person will operate, the training set out in subsections 604.169(1) and 604.170(1) and, if applicable, the training set out in subsection 604.169(3) and section 604.177, or equivalent training that meets the requirements of subsection 604.140(1), as the case may be, and
(ii) the validity period of the training has not expired;

(d) the person has received, in respect of the aircraft type that the person will operate, training in the performance of the emergency procedures referred to in subsection 604.169(2) or equivalent training that meets the requirements of subsection 604.140(1), and the validity period of the training has not expired;
(e) the person has successfully completed, in respect of the aircraft type that the person will operate, a competency check that meets the requirements of this section or a competency check or pilot proficiency check that meets the requirements of subsection 604.140(2), and the validity period of the competency check or pilot proficiency check has not expired; and
(f) if the person is required to operate an aircraft above 13,000 feet ASL, the person has received the training set out in section 604.176 or equivalent training that meets the requirements of subsection 604.140(1).

(2) A person who undergoes a competency check referred to in paragraph (1)(e)

(a) shall have completed, within 30 days before the day on which the competency check is conducted, the training set out in subsection 604.170(1) or equivalent training that meets the requirements of subsection 604.140(1);
(b) shall have been recommended for the competency check by an instructor who provided the person with the training or equivalent training referred to in paragraph (a); and

(c) shall meet the following requirements:

(i) the person holds the licence required by Part IV in respect of the aircraft that will be used for the competency check,
(ii) the person holds a type rating required by Part IV in respect of the aircraft that will be used for the competency check, or meets the knowledge and experience requirements set out in paragraph 421.40(3)(a) of Standard 421 — Flight Crew Permits, Licences and Ratings, and the knowledge requirement was met within 24 months before the day on which the competency check is conducted, and
(iii) the person holds an instrument rating required by Part IV in respect of the aircraft that will be used for the competency check, or meets the knowledge and experience requirements set out in subsection 421.46(2) of Standard 421 — Flight Crew Permits, Licences and Ratings, and the knowledge requirement was met within 24 months before the day on which the competency check is conducted.

(3) The competency check referred to in paragraph (1)(e)

(a) shall be based on the processes, practices and procedures set out in the private operator’s operations manual;
(b) shall consist of the exercises set out in chapters 2 or 3, as the case may be, of the standard entitled Flight Test Guide — Competency Check (Private Operators), published by the Minister;
(c) shall assess the exercises referred to in paragraph (b) in accordance with the marking scale set out in section 1.3 of that standard;
(d) shall assess the competency as satisfactory or unsatisfactory in accordance with sections 1.4 and 1.5 of that standard; and
(e) shall be subject to the retest procedures referred to in section 1.6 of that standard.

(4) Subject to subsection (5), the competency check referred to in paragraph (1)(e) shall be conducted by a person who

(a) holds the licence and ratings required by Part IV to act as pilot-in-command of the aircraft used for the competency check;
(b) holds an instrument rating required by Part IV in respect of the aircraft used for the competency check;

(c) meets one of the following requirements:

(i) is a pilot examiner authorized by the Minister to conduct instrument rating flight tests under Part IV,
(ii) is an approved check pilot authorized by the Minister to conduct a pilot proficiency check under Part VII in respect of the aircraft type used for the competency check, or
(iii) holds an authorization issued by the competent authority of a contracting state to conduct flight tests that are equivalent to competency checks, in which case the person shall have demonstrated to the private operator knowledge of the standard referred to in paragraph (3)(b); and

(d) is not the instructor who made the recommendation referred to in paragraph 2(b) in respect of the person undergoing the competency check.

(5) The competency check referred to in paragraph (1)(e) may be conducted by a person who is not referred to in paragraph 4(c) if the person

(a) has been assigned to conduct the competency check by the private operator;
(b) meets the requirements set out in paragraphs (4)(a) and (b);

(c) does not have a record of conviction for

(i) an offence under section 7.3 of the Act, or
(ii) two or more offences under these Regulations not arising from a single occurrence;

(d) is at least 21 years old;

(e) has at least 3,000 hours of flight time in an aircraft of the same category as the aircraft that will be used for the competency check, including

(i) at least 2,000 hours as pilot-in-command,
(ii) at least 500 hours in a multi-engined aircraft, and
(iii) at least 500 hours of instrument time, including at least 100 hours as pilot-in-command; and

(f) has successfully completed, within 24 months before the day on which the person conducts the competency check, training provided by a pilot examiner or by an approved check pilot that includes the following elements:

(i) the responsibilities of a person conducting a competency check,
(ii) evaluation principles,
(iii) the conduct of a competency check,
(iv) the content of the standard referred to in paragraph (3)(b), and
(v) the record-keeping requirements set out in section 604.149.

SOR/2014-131, s. 18.

Instructor Qualifications and Training

604.144 (1) No private operator shall permit a person to act — and no person shall act — as a flight instructor or a flight simulator instructor unless

(a) in the case of a flight instructor, the person holds, in respect of the aircraft type used for the training, the licence and ratings required by Part IV or, in the case of a flight instructor licensed by a contracting state, a licence and ratings equivalent to those required by Part IV;
(b) in the case of a flight simulator instructor, the person holds, or has held, in respect of the aircraft type used for the training, the licence and ratings required by Part IV or, in the case of an flight simulator instructor licensed by a contracting state, a licence and ratings equivalent to those required by Part IV;
(c) if the private operator is authorized under a special authorization to operate an aircraft in IFR flight, the person holds a valid instrument rating in respect of the aircraft type used for the training;
(d) the person has received, in respect of the aircraft type used for the training, training that includes the elements set out in subsection 604.170(1), and the validity period of the training has not expired; and

(e) the person has demonstrated to the private operator knowledge of

(i) the content of the private operator’s operations manual, and
(ii) the provisions of this Subpart that relate to the training of flight crew members.

(2) No private operator shall permit a person to act — and no person shall act — as a ground instructor unless the person has received, before the day on which the person begins to act as ground instructor, training that includes the following elements:

(a) the teaching and learning processes;
(b) instructional techniques; and
(c) the student-instructor relationship.

SOR/2014-131, s. 18.

Flight Attendant Training

604.145 No private operator shall permit a person to act — and no person shall act — as a flight attendant unless

(a) the person has received the training set out in section 604.179 or equivalent training that meets the requirements of subsection 604.140(1), and the validity period of the training has not expired; and

(b) the person has demonstrated to the private operator knowledge of

(i) the provisions of these Regulations and of standards that affect the responsibilities of a flight attendant,
(ii) aeronautical terminology,
(iii) the physiological effects of flight, and
(iv) the theory of flight.

SOR/2014-131, s. 18.

Flight Dispatcher and Flight Follower Training

604.146 (1) No private operator shall permit a person to act — and no person shall act — as a flight dispatcher unless the person

(a) holds a flight dispatcher certificate; and
(b) has received the training set out in subsection 604.180(1) and the validity period of the training has not expired.

(2) No private operator shall permit a person to act — and no person shall act — as a flight follower unless the person has received the training set out in subsection 604.180(2) and the validity period of the training has not expired.

SOR/2014-131, s. 18.

Ground and Airborne Icing Operations Training

604.147 No private operator shall permit a person to perform — and no person shall perform — duties relating to ground and airborne icing operations unless the person has received the training set out in section 604.181 and the validity period of the training has not expired.
SOR/2014-131, s. 18.

Safety Management System Training

604.148 A private operator shall ensure that the operations manager, the maintenance manager and all other personnel receive the training set out in section 604.183.
SOR/2014-131, s. 18.

Training and Qualifications Records

604.149 (1) A private operator shall have for its personnel a training and qualifications record that includes the following information:

(a) each person’s name;
(b) the dates on which the person received training and the name of the instructor who provided the training;
(c) in the case of the operations manager, information on how the operations manager has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.141(1)(b) and the date of that demonstration;
(d) in the case of the chief pilot, information on how the chief pilot has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.142(1)(b) and the date of that demonstration;
(e) in the case of a flight instructor, information on how the flight instructor has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.144(1)(e) and the date of that demonstration;

(f) in the case of a flight crew member,

(i) the flight crew member licence number, the category and expiry date of the flight crew member’s medical certificate, a list of the flight crew member’s ratings and, if applicable, the expiry date of those ratings,
(ii) in respect of the training referred to in subsection 604.170(1) and sections 604.177 and 604.178, information indicating whether the training was completed using an aircraft or a flight simulation training device, and

(iii) in respect of the competency check referred to in paragraph 604.143(1)(e),

(A) the name of the person who conducted the competency check and the date on which it was conducted,
(B) the name of the instructor who made the recommendation referred to in paragraph 604.143(2)(b) and the date on which it was made,
(C) the date of each attempt by the flight crew member to complete a competency check and the result of each attempt,
(D) information indicating whether the competency check was conducted using an aircraft or a flight simulation training device, and
(E) in the case of a competency check conducted by the person referred to in subparagraph 604.143(4)(c)(iii), information indicating how the person has demonstrated to the private operator knowledge of the standard referred to in that subparagraph and the date of that demonstration,

(iv) in respect of a pilot proficiency check conducted under Part VII, the name of the air operator for which the check was conducted and the date on which the check was conducted, and
(v) the dates on which the flight crew member demonstrated the ability to operate an aircraft in accordance with paragraphs 604.50(c), 604.51(f), 604.60(f) and 604.74(2)(c); and

(g) in the case of an aircraft maintenance engineer (AME), the aircraft maintenance engineer licence number.

(2) If the training referred to in Divisions IV or X includes a written examination, the private operator shall retain a master copy of each examination.

(3) The private operator shall

(a) retain the records referred to in subsections (1) and (2) for two years after the day on which the records were last updated; and
(b) retain the written examination referred to in subsection (3) for two years after the day on which the examination was given.

SOR/2014-131, s. 18.

[604.150 to 604.165 reserved]
Division X — Training Program

Training Program

604.166 (1) Subject to subsection (2), a private operator shall have a training program that covers the subject matter set out in Division IV and in this Division, and the competency check referred to in paragraph 604.143(1)(e), and that takes into account

(a) the aircraft types operated by the private operator; and
(b) the private operator’s area of operation.

(2) A private operator who is also an air operator shall have a training program that covers the subject matter set out in this Division and that takes into account

(a) the aircraft types operated by the private operator that are not specified in the air operator certificate; and
(b) the differences, if any, between the areas in which operations are conducted.

SOR/2014-131, s. 18.

Acquiring and Maintaining Competency

604.167 A private operator shall design its training program so that a person who receives training required under this Subpart

(a) will, if the person is receiving the training for the first time, acquire the competency necessary to perform his or her duties; and
(b) will, if the person is receiving subsequent training, maintain the competency referred to in paragraph (a) and acquire any new competency necessary to perform his or her duties.

SOR/2014-131, s. 18.

Training Program Content and Training Facilities

604.168 A private operator shall ensure that any training provided to meet the requirements of this Subpart is

(a) based on the content of the private operator’s training program; and
(b) provided in facilities that are equipped with the appropriate furnishings, audiovisual equipment and training aids.

SOR/2014-131, s. 18.

Flight Crew Members — Ground Instruction

604.169 (1) The ground instruction component of the training program for flight crew members shall include the following elements:

(a) the content of the private operator’s operations manual;
(b) the aircraft systems operation and limitations specified in the aircraft flight manual and, if the private operator has established an aircraft operating manual and standard operating procedures, those specified in that manual and in those procedures;
(c) the operation of the aircraft equipment;
(d) the differences, if any, between the equipment, operation and layout of aircraft of the same type;
(e) the standard operating procedures, if any were established by the private operator;
(f) the aircraft performance and limitations;
(g) weight and balance control procedures;
(h) aircraft servicing and ground handling;
(i) the location and operation of emergency equipment;
(j) the actions to be taken in the event of aircraft fire on the ground or in the air;
(k) the actions to be taken in the event of a security-related event;
(l) procedures to avoid Controlled Flight into Terrain (CFIT);
(m) if the flight crew members will be assigned to medical evacuation flights (MEDEVAC), emergency procedures specific to medical evacuations, including the evacuation of patients from aircraft; and
(n) the private operator’s operational control system.

(2) The ground instruction component of the training program for flight crew members shall include training in the performance of the following emergency procedures:

(a) the use of fire extinguishers;
(b) the operation and use of emergency exits;
(c) passenger preparation for an emergency landing or ditching;
(d) emergency evacuation procedures;
(e) if the flight crew members will be assigned to aircraft equipped with life preservers, the donning and inflation of life preservers;
(f) if the flight crew members will be assigned to aircraft equipped with life rafts, the removal of life rafts from the stowage compartment, and the deployment, inflation and boarding of life rafts; and
(g) procedures for dealing with pilot incapacitation.

(3) If a private operator operates a turbo-jet-powered aeroplane, the ground instruction component of the training program for flight crew members who will operate that aeroplane shall include the following elements:

(a) the low-energy landing regime for that type of aeroplane;
(b) the performance and handling characteristics of the aeroplane and engine in the low-energy regime; and
(c) balked landing procedures for the aeroplane.

SOR/2014-131, s. 18.

Flight Crew Members — Aircraft Operation Training

604.170 (1) The aircraft operation component of the training program for flight crew members shall include procedures for the normal, abnormal and emergency operation of an aircraft and its systems and components, including the following elements:

(a) aircraft performance during take-off, climb, cruise, holding, descent, landing and diversion;
(b) calculations of the aircraft’s take-off and landing distances and speeds, and the aircraft’s fuel consumption, weight and centre of gravity;
(c) the flight characteristics of the aircraft, including any abnormal characteristics that are applicable to the aircraft, such as dutch roll, buffet boundary onset and aircraft upset;
(d) the effects of airframe and engine icing and the use of de-icing and anti-icing equipment;

(e) flight planning and instrument flight procedures, including

(i) departure, enroute, holding, arrival and diversion procedures,
(ii) precision, non-precision and missed approaches in minimum visibility conditions, with the flight director in automatic mode and in degraded states of operation, and
(iii) circling approaches, if applicable;

(f) pre-flight checks of the interior and exterior of the aircraft;
(g) the use of aircraft checklists;
(h) aircraft manoeuvres on the ground;
(i) normal, crosswind, noise abatement and maximum performance take-offs and landings;
(j) take-offs and landings on contaminated runways;
(k) rejected take-offs and landings;
(l) steep turns;
(m) approach to a stall and recovery from a stall;
(n) the operation of the Flight Management Computer System (FMCS), Ground Proximity Warning System (GPWS), Terrain Awareness and Warning System (TAWS), Traffic Alert and Collision Avoidance System (TCAS), Airborne Collision Avoidance System (ACAS) and any other specialized equipment installed in the private operator’s aircraft;
(o) the execution in VMC of one collision avoidance manoeuvre in response to a GPWS or a TAWS warning, if the aircraft is equipped with a GPWS or a TAWS;
(p) the operation of navigation and communication equipment;
(q) the actions to be taken in the event of hydraulic, electrical and other system failures;
(r) the actions to be taken in the event of flight control failures and, in the case of an aircraft with split control capability, briefings on degraded states of operation while in flight and during take-off and landing;
(s) the actions to be taken in the event of aircraft fire on the ground or in the air;
(t) the actions to be taken in the event of engine fire and engine failure while in flight;
(u) the recognition of and recovery from turbulence and windshear during an approach, landing and take-off;
(v) the actions to be taken in the event of an emergency evacuation of passengers and crew;
(w) the actions to be taken in the event of pilot incapacitation while in flight and during take-off and landing;
(x) crew resource management;
(y) if the private operator provides the training using a flight simulator, the performance of one balked landing initiated in the low-energy regime using the same simulator;
(z) in the case of a pressurized aircraft, the actions to be taken in the event of loss of pressurization and emergency descent;
(z.1) in the case of a three-engine or four-engine aircraft, take-off, landing and flight with the critical engine inoperative or with two other engines inoperative, including driftdown and engine-inoperative performance capabilities; and

(z.2) in the case of a helicopter,

(i) hovering manoeuvres, slope landings and confined areas,
(ii) autorotations,
(iii) transmission and main gear box faults and failures, and
(iv) tail rotor, tail rotor drive and tail rotor gear box faults and failures.

(2) When the training referred to in subsection (1) is provided on board an aircraft in flight, the private operator shall have procedures to ensure that situations are simulated or presented, and actions are simulated or performed, so as to not adversely affect the safety of the aircraft, its occupants or any other person.

SOR/2014-131, s. 18.

Flight Crew Members — Level B, C or D Flight Simulator

604.171 Subject to sections 604.172 to 604.174, a private operator may provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member either on board an aircraft or using a level B, C or D flight simulator. However, if the private operator provides the training using a level B flight simulator, the private operator shall provide training in respect of the following activities on board an aircraft:

(a) pre-flight checks of the interior and exterior of the aircraft;
(b) aircraft manoeuvres on the ground;
(c) normal take-offs and landings;
(d) crosswind take-offs and landings;
(e) a visual circuit, if the flight is conducted in VMC;
(f) approaches and landings with an engine simulated inoperative;
(g) simulated engine failure procedures during a take-off and a missed approach;
(h) approaches and landings without electronic glide slope indication;
(i) a circling approach, if applicable; and
(j) any other approach for which a level B flight simulator lacks the capability.

SOR/2014-131, s. 18.

Flight Crew Members — Level C or D Flight Simulator

604.172 A private operator may provide the training referred to in subsection 604.170(1) and sections  604.177 and 604.178 to a flight crew member using only a level C or D flight simulator if

(a) the flight crew member has acquired flight time on an aircraft certificated in the same category, and with engines using the same principle of propulsion, as the aircraft on which the flight crew member is to be trained; and

(b) the private operator provides to the flight crew member, using the same flight simulator, training in respect of the following activities under variable visual meteorological conditions of dusk and night, or day and night:

(i) aircraft manoeuvres on the ground,
(ii) normal take-offs and landings and crosswind take-offs and landings, up to 100% of the crosswind component specified by the aircraft manufacturer,
(iii) encounters with moderate to severe in-flight icing conditions,
(iv) simulated line flights that include at least one sector in which the flight crew member acts as pilot flying and at least one sector in which the flight crew member acts as pilot not flying or pilot monitoring,
(v) visual circuits and landings with variable wind, runway illusion and runway surface conditions,
(vi) approaches and landings with an engine simulated inoperative,
(vii) approaches and landings without electronic glide slope indication,
(viii) approaches and landings with flight control failures and abnormalities, if applicable, and
(ix) engine failure procedures during a take-off and a missed approach.

SOR/2014-131, s. 18.

Flight Crew Members — Level D Flight Simulator

604.173 A private operator may provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member using only a level D flight simulator if

(a) the flight crew member has at least 1,000 hours of flight time as a flight crew member;
(b) in the case of training provided on an aircraft that requires a minimum flight crew of two pilots, the flight crew member holds an individual type rating for an aircraft that requires a minimum flight crew of two pilots; and
(c) the private operator provides the training referred to in paragraph 604.172(b) to the flight crew member using that simulator.

SOR/2014-131, s. 18.

Flight Crew Members — Turbo-jet-powered Aeroplane or Transport Category Aircraft — Level C or D Flight Simulator

604.174 A private operator who operates a turbo-jet-powered aeroplane or transport category aircraft shall provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member using a level C or D flight simulator if a level C or D flight simulator is used for that aircraft type in Canada, the United States or Mexico.
SOR/2014-131, s. 18.

Flight Crew Members — Compatibility of Flight Simulators

604.175 A flight simulator that differs from the private operator’s aircraft with respect to installed equipment, systems, cockpit configuration, engine type or performance may be used for the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 if

(a) the flight simulator has performance and handling characteristics equivalent to those of the private operator’s aircraft; and
(b) the private operator’s training program takes into account the differences between the flight simulator and the aircraft.

SOR/2014-131, s. 18.

Flight Crew Members — High Altitude Indoctrination Training

604.176 The component of the training program for flight crew members who will operate an aircraft above 13,000 feet ASL shall include the following elements:

(a) physiological phenomena in a low pressure environment, including

(i) the effects on respiration,
(ii) the symptoms and effects of hypoxia,
(iii) the duration of consciousness at various altitudes without supplemental oxygen, and
(iv) the effects of gas expansion and gas bubble formation; and

(b) the factors associated with rapid or explosive loss of pressurization, including

(i) the most likely causes of the loss of pressurization,
(ii) the increased level of noise, the change in cabin temperature and cabin fogging,
(iii) the effects on objects located near a point of fuselage failure, and
(iv) the actions to be taken by flight crew members immediately after the loss of pressurization and the aircraft attitude likely to result from those actions.

SOR/2014-131, s. 18.

Flight Crew Members — One-engine Inoperative Ferry Flights

604.177 The component of the training program for flight crew members who will operate an aircraft during a one-engine inoperative ferry flight under a flight permit issued under section 507.04 shall include training in the operational procedures and limits specified in the aircraft flight manual.
SOR/2014-131, s. 18.

Flight Crew Members — Upgrade to Pilot-in-Command

604.178 The component of the training program for flight crew members who have served as second-in-command and who are to be upgraded to pilot-in-command shall include the following elements:

(a) the elements of the training referred to in subsection 604.170(1) that are related to the duties of a pilot-in-command;
(b) training on the responsibilities of a pilot-in-command in relation to the use and operation of an aircraft;
(c) in the case of a flight crew member who will conduct an operation under a special authorization, the training required to conduct that operation as pilot-in-command; and
(d) crew resource management.

SOR/2014-131, s. 18.

Flight Attendants

604.179 The component of the training program for flight attendants shall include the following elements:

(a) the roles and responsibilities of the private operator and crew members;
(b) the coordination of crew member duties and crew resource management;
(c) aircraft communications systems and communication procedures in normal, abnormal and emergency conditions;
(d) the content of the briefings given to passengers and crew members;
(e) cabin and passenger safety checks;
(f) aircraft surface contamination procedures;
(g) procedures relating to passengers requiring special treatment;
(h) requirements and procedures relating to seats and restraint systems for passengers and crew members;
(i) procedures for accepting and stowing carry-on baggage, and any applicable restrictions;
(j) policies and procedures relating to the use of portable electronic devices;
(k) procedures for fuelling with passengers on board;
(l) procedures relating to passenger service when the aircraft is on the ground;
(m) safety procedures relating to take-offs, landings and aircraft movements on the surface;
(n) safety procedures relating to the embarkation and disembarkation of passengers and their movement on the apron;
(o) procedures relating to passenger and crew member safety during periods of in-flight turbulence;
(p) procedures for entering the flight deck and for serving beverages and meals to flight crew members;
(q) procedures for dealing with the incapacitation of a crew member;
(r) the location and operation of, and any safety instructions relating to, the various types of cabin exits and the flight deck escape routes;
(s) the operation of cabin systems and of safety and emergency equipment by flight attendants in normal and abnormal conditions;
(t) the actions to be taken with respect to the equipment identified on the minimum equipment list and intended for use by flight attendants;
(u) the actions to be taken in the event of fumes or smoke in the cabin and to prevent fumes or smoke in the vicinity of the aircraft from entering the cabin;
(v) fire detection, fire-fighting systems and fire-fighting procedures;
(w) procedures in the event of loss of cabin pressurization;
(x) how to identify the need for administering supplemental oxygen, and procedures for administering the oxygen;
(y) procedures for the evacuation of passengers and crew members; and

(z) training that includes the performance of the following emergency procedures:

(i) the use of the public address and interphone systems,
(ii) the briefing of passengers,
(iii) the operation and use of the emergency exits on each type of aircraft to which the flight attendant will be assigned,
(iv) emergency evacuation procedures,
(v) if the flight attendants will be assigned to an aircraft equipped with life preservers, the donning and inflation of life preservers,
(vi) if the flight attendants will be assigned to an aircraft equipped with an evacuation slide, the identification of the location of the manual inflation handle and the disconnect handle, and an evacuation using the slide,
(vii) if the flight attendants will be assigned to an aircraft equipped with either first aid oxygen equipment or portable oxygen equipment, the operation and use of that equipment,
(viii) if the flight attendants will be assigned to an aircraft equipped with life rafts, the removal of life rafts from the stowage compartment and the deployment, inflation and boarding of life rafts, and
(ix) fire fighting, including the use of a fire extinguisher on an actual fire.

SOR/2014-131, s. 18.

Flight Dispatchers and Flight Followers

604.180 (1) The component of the training program for flight dispatchers shall include the following elements:

(a) the content of the private operator’s operations manual;
(b) the provisions of these Regulations, and of related standards, that affect the responsibilities of a flight dispatcher;
(c) flight planning and the private operator’s standard operating procedures;
(d) radiocommunication procedures;
(e) aircraft fuelling procedures;
(f) aircraft surface contamination procedures;
(g) the use of minimum equipment lists;
(h) meteorological conditions, including windshear and aircraft icing, in the private operator’s area of operation;
(i) the private operator’s navigation and instrument approach procedures;
(j) accident and incident reporting;
(k) emergency procedures;
(l) weight and balance control procedures;
(m) pre-flight crew member briefings;
(n) the differences between pilot self-dispatch procedures and co-authority dispatch procedures;
(o) the provision of meteorological information to the flight crew without analysis or interpretation;
(p) foreign regulations, if applicable;
(q) aeronautical information publications applicable to the private operator’s area of operation;
(r) meteorological conditions and their effect on the flight and operation of an aircraft;
(s) the interpretation of meteorological information;
(t) the performance and limitations of the private operator’s aircraft;
(u) air traffic control procedures; and
(v) flight dispatch procedures.

(2) The component of the training program for flight followers shall include the elements referred to in paragraphs (1)(a) to (q).

SOR/2014-131, s. 18.

Ground and Airborne Icing Operations

604.181 The component of the training program for flight crew members and ground personnel that relates to ground and airborne icing operations shall include the following elements:

(a) the responsibilities of the pilot-in-command and other operations personnel in respect of aircraft de-icing and anti-icing procedures;
(b) the provisions of these Regulations, and of related standards, that relate to ground and airborne icing operations;
(c) the meteorological conditions that are conducive to ice, frost and snow contamination;
(d) procedures relating to pre-flight inspections and to the removal of contamination;
(e) the hazards associated with the contamination of critical surfaces by ice, frost and snow;
(f) airborne icing recognition; and

(g) in the case of training provided to flight crew members,

(i) the basis of the certification of the aircraft for flight into known icing conditions,
(ii) airborne icing definitions and terminology,
(iii) the aerodynamic effects of airborne icing,
(iv) the weather patterns associated with airborne icing, including both classical and non-classical mechanisms that produce freezing precipitation,
(v) flight planning and airborne icing information,
(vi) information specific to the private operator’s aircraft fleet that relates to the operation of de-icing and anti-icing equipment, and operational procedures relating to that equipment, and
(vii) the private operator’s directives concerning operations in airborne icing conditions set out in the private operator’s operations manual and, if established by the private operator, in the private operator’s standard operating procedures.

SOR/2014-131, s. 18.

Maintenance, Elementary Work and Servicing

604.182 (1) The component of the training program for persons who performs maintenance or elementary work shall include the following elements:

(a) the performance rules set out in section 571.02, and the recording requirements set out in section 571.03 and subsection 605.92(1); and
(b) the private operator’s maintenance control system.

(2) The component of the training program for persons who perform servicing shall include the following elements:

(a) the procedures that are set out in instructions for continued airworthiness provided by the holder of the design approval document, and that are applicable to the types of aircraft operated by the private operator; and
(b) details of the methods used by the private operator to record servicing under paragraph 604.127(k).

SOR/2014-131, s. 18.

Safety Management System

604.183 The component of the training program in respect of the private operator’s safety management system shall include the following elements:

(a) training in the concepts and principles of safety management systems;
(b) training in the organization and operation of the private operator’s safety management system;
(c) competency-based training for persons who have been assigned duties in respect of the safety management system;
(d) appropriate objectives for each person; and
(e) means of measuring the level of competency attained by each person who receives the training.

SOR/2014-131, s. 18.

[604.184 to 604.196 reserved]
Division XI — Operations Manual

General Requirement

604.197 (1) A private operator shall have an operations manual that sets out the processes, practices and procedures applied in the course of its operations. The operations manual shall include a table of contents and shall deal with the following topics:

(a) the duties and responsibilities of all operational and maintenance personnel, and the hierarchy and chain of command within management;
(b) the organization and operation of the safety management system;
(c) personnel training and qualifications;
(d) record keeping;
(e) the organization and operation of the maintenance control system;
(f) procedures for conducting an operation under a special authorization, if applicable;
(g) the organization and operation of the operational control system;
(h) procedures, if any, relating to minimum equipment lists;
(i) the procedures to follow in normal, abnormal and emergency conditions;
(j) the private operator’s standard operating procedures, if any;
(k) weather restrictions;
(l) flight time limits and flight duty time limits;
(m) controlled rest on the flight deck;
(n) accident and incident response considerations;
(o) procedures for dealing with security events;
(p) aircraft performance limitations; and
(q) the use and protection of records, if any, obtained from flight data recorders and cockpit voice recorders.

(2) The private operator shall ensure that it is possible to verify the currency and validity of each part of its operations manual.

SOR/2014-131, s. 18.

Distribution

604.198 (1) A private operator shall provide a copy of its operations manual and a copy of every amendment to that manual to every member of its personnel who is involved in the private operator’s operations.
(2) Every person who has been provided with a copy of an operations manual under subsection (1) shall keep it up to date by inserting in it the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.
(3) Despite subsection (1), instead of providing every crew member with a copy of its operations manual and a copy of every amendment to that manual, a private operator may keep an up-to-date copy of the appropriate parts of that manual in each aircraft that it operates.

SOR/2014-131, s. 18.

[604.199 to 604.201 reserved]
Division XII — Safety Management System

Prohibition

604.202 No private operator shall conduct flight operations unless it has a safety management system that meets the requirements of section 604.203.
SOR/2014-131, s. 18.

Components of the Safety Management System

604.203 (1) Subject to subsection (2), the private operator’s safety management system shall include the following components:

(a) a statement of the overall objectives that are to be achieved by the safety management system;

(b) a safety management plan that

(i) specifies the duties that are assigned to the private operator’s personnel in respect of the safety management system,
(ii) sets out performance goals for the safety management system and a means of measuring the attainment of those goals,
(iii) sets out a policy for the internal reporting of aviation-safety-related hazards, incidents and accidents, including the conditions, if any, under which personnel will be protected from disciplinary action,
(iv) describes the relationship between the components of the safety management system, and
(v) sets out procedures for involving personnel in the establishment of the safety management system;

(c) a safety oversight program that includes

(i) procedures for managing aviation-safety-related incidents, including their investigation and analysis,
(ii) procedures for identifying and managing aviation-safety-related hazards, including the monitoring and risk profiling of those hazards,

(iii) a reporting and data collection system for collecting and communicating information relating to aviation-safety-related hazards and incidents that

(A) uses a record-keeping system to monitor and analyze aviation safety trends,
(B) includes a means of communicating with persons who report issues relating to the safety management system or aviation safety,
(C) is capable of generating progress reports for the person responsible for the functional area at intervals that the person determines, and
(D) is capable of generating other reports in urgent cases,

(iv) procedures for investigating and analyzing aviation-safety-related hazards, incidents and accidents that

(A) take into account human, environmental and supervisory factors and organizational elements,
(B) make it possible to make findings as to root causes and contributing factors, and
(C) make it possible to communicate the findings to the operations manager,

(v) risk management analysis procedures that include

(A) an analysis of aviation-safety-related hazards,
(B) a risk assessment based on risk criteria, and
(C) a risk control strategy,

(vi) corrective action procedures

(A) for determining what corrective actions are necessary, if any, and for carrying out those actions,
(B) for keeping a record of any determination made under clause (A) and the reason for that determination, and
(C) for monitoring and evaluating, in accordance with the quality assurance program referred to in section 604.206, the effectiveness of any corrective action carried out under clause (A),

(vii) procedures for disseminating to personnel, with the approval of the private operator, the following aviation-safety-related information:

(A) information relating to an incident,
(B) information relating to a hazard analysis, and
(C) information relating to the results of a review or audit, and

(viii) procedures for sharing, with any person with whom the private operator exchanges services, any information relating to aviation safety;

(d) procedures for

(i) ensuring that all procedures relating to the safety management system are recorded and disseminated to personnel,
(ii) managing and keeping all records and documents resulting from the safety management system,
(iii) ensuring that records and reports relating to the safety management system are retained for at least two years, and
(iv) reviewing all documents relating to the safety management system and keeping those documents up to date;

(e) emergency response procedures that

(i) cover all of the activities carried out by the private operator, and
(ii) ensure that the duties relating to those procedures are assigned to the appropriate personnel;

(f) the quality assurance program referred to in section 604.206; and
(g) the process for conducting a review of the safety management system under section 604.207.

(2) The safety management system of a private operator who has no employees is not required to include the components referred to in the following provisions:

(a) subparagraphs (1)(b)(iii) and (v);
(b) clause (1)(c)(iii)(B);
(c) subparagraph (1)(c)(vii);
(d) subparagraph (1)(d)(i); and
(e) subparagraph (1)(e)(ii).

SOR/2014-131, s. 18.

Duties of Operations Manager

604.204 (1) The operations manager shall

(a) manage the safety management system;
(b) implement the safety management plan referred to in paragraph 604.203(1)(b);
(c) implement the safety oversight program referred to in paragraph 604.203(1)(c);
(d) implement the procedures referred to in paragraph 604.203(1)(d) in respect of all documents relating to the safety management system;
(e) implement the emergency response procedures referred to in paragraph 604.203(1)(e);
(f) implement the quality assurance program referred to in section 604.206;
(g) ensure that any deficiency identified by the quality assurance program is analyzed to determine its root cause and contributing factors;
(h) communicate to the private operator any finding produced by the safety management system in respect of a hazard to aviation safety;
(i) share, with any person with whom the private operator exchanges services, any finding produced by the safety management system that is likely to have an adverse effect on aviation safety; and
(j) analyze any information relating to aviation safety that is received from any person with whom the private operator exchanges services and take appropriate action to mitigate any hazard to aviation safety.

(2) When a finding produced by the safety management system is reported to the operations manager, the operations manager shall

(a) determine what corrective actions are necessary to address that finding, if any, and carry out those actions;
(b) keep a record of any determination made under paragraph (a) and the reason for that determination;
(c) if the operations manager has assigned management functions to another person, communicate any determination made under paragraph (a) to that person; and
(d) notify the private operator of any deficiency that reduces the effectiveness of all or part of the safety management system, and of the corrective action carried out.

SOR/2014-131, s. 18.

Duties of Personnel

604.205 The personnel of a private operator shall

(a) report to the operations manager any issue relating to the safety management system, including

(i) deficiencies, and
(ii) aviation-safety-related hazards, incidents or accidents; and

(b) share, with any person with whom the private operator exchanges services, any information relating to aviation safety.

SOR/2014-131, s. 18.

Quality Assurance Program

604.206 (1) The quality assurance program shall make provision for sampling the private operator’s processes in order to measure

(a) the private operator’s effectiveness in conducting an audit under subsection (2); and
(b) the private operator’s ability to carry out its activities effectively and safely.

(2) An audit required by the quality assurance program shall be conducted

(a) within 12 months after the day on which the private operator registration document was issued;
(b) subject to paragraph (c), within 12 months after the day on which the previous audit was completed;

(c) within 36 months after the day on which the previous audit was completed, if

(i) the private operator submits to the Minister a risk assessment establishing that the private operator is capable of managing the aviation-safety-related risks that may occur during that 36-month period, and

(ii) none of the following events have occurred since the day on which the previous audit was completed:

(A) a major incident,
(B) a major change in the private operator’s activities, and
(C) a finding resulting from a review of the safety management system and indicating that the quality assurance program is not achieving its objectives;

(d) following an accident, or incident, that affects aviation safety; and
(e) following the identification, as a result of a review of the safety management system, of a deficiency that reduces the effectiveness of all or part of the safety management system.

(3) A quality assurance program shall include

(a) checklists of all of the activities carried out by the private operator;
(b) procedures for determining what corrective actions are necessary to eliminate the root cause and contributing factors of each finding of non-compliance with these Regulations;
(c) procedures for monitoring corrective actions to ensure that they are effective;

(d) a system for recording the following information:

(i) the findings resulting from an audit, and any supporting documentation,
(ii) an analysis of the root cause and contributing factors of any deficiency identified by the quality assurance program,
(iii) any corrective action, and
(iv) any follow-up action; and

(e) procedures for ensuring that each finding resulting from an audit is communicated to the operations manager and to any person who has been assigned management functions respecting the safety management system, and is made available to the private operator.

(4) An audit conducted under paragraph (2)(d) or (e) shall be a complete audit.

(5) No private operator shall assign a duty relating to the quality assurance program to a person who is responsible for carrying out a task or an activity evaluated by that program unless

(a) owing to the size, nature and complexity of the private operator’s operations and activities, it is impractical to assign the duty to a person who is not responsible for carrying out the task or activity;
(b) based on a risk analysis, assigning the duty to a person responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and
(c) the operation of the audit system in relation to the quality assurance program will not be compromised.

SOR/2014-131, s. 18.

Review of the Safety Management System

604.207 (1) A periodic review of the safety management system shall measure the effectiveness of the system in the attainment of the performance goals referred to in subparagraph 604.203(1)(b)(ii).

(2) A review of the safety management system shall be conducted

(a) within 12 months after the day on which the private operator registration document was issued;
(b) within 12 months after the day on which the previous review was completed; or
(c) following an accident, or incident, that affects aviation safety.

(3) A review of the safety management system shall include procedures for

(a) identifying any deficiency in the operation of the safety management system;
(b) investigating and analyzing the root cause and contributing factors of any deficiency identified by the review; and
(c) ensuring that corrective actions are effective and are used on an ongoing basis to improve the safety management system.

(4) A review conducted under paragraph (2)(c) shall be a complete review.

(5) No private operator shall assign a duty relating to a review of the safety management system to a person who is responsible for carrying out a task or an activity that is the subject of the review unless

(a) owing to the size, nature and complexity of the private operator’s operations and activities, it is impracticable to assign the duty to a person who is not responsible for carrying out the task or activity;
(b) based on a risk analysis, assigning the duty to a person responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and
(c) the integrity of the review of the safety management system will not be compromised.

SOR/2014-131, s. 18.

Duties of Private Operator — Review

604.208 The private operator shall

(a) conduct the review of the safety management system under section 604.207;
(b) determine what corrective actions are necessary to address any deficiency identified by the review, and carry out those actions;
(c) keep a record of any determination made under paragraph (b) and the reason for it; and
(d) if the private operator has assigned management functions to another person, provide that person with a copy of that record.

SOR/2014-131, s. 18.

[604.209 to 604.219 reserved]
Division XIII — Flight Attendants and Emergency Evacuation

Interpretation

604.220 (1) For the purposes of this Division and subject to subsection (2), model means aircraft master series as described in section 3.7 of version 1.3 of the document entitled International Standard for Aircraft Make, Model, and Series Groupings, dated October 2012 and published by the Common Taxonomy Team of the International Civil Aviation Organization (ICAO) and the Commercial Aviation Safety Team (CAST).
(2) If no aircraft master series is assigned to an aeroplane, model in respect of that aeroplane means aircraft model as described in section 3.6 of version 1.3 of the document entitled International Standard for Aircraft Make, Model, and Series Groupings, dated October 2012 and published by the Common Taxonomy Team of the International Civil Aviation Organization (ICAO) and the Commercial Aviation Safety Team (CAST).

SOR/2015-127, s. 12.

Minimum Number of Flight Attendants

604.221 (1) No person shall conduct a take-off in an aeroplane that is operated by a private operator and is carrying more than 12 passengers unless the take-off is conducted with the minimum number of flight attendants required on each deck.
(2) Subject to subsections (3) to (5), the minimum number of flight attendants required on each deck is one flight attendant for each unit of 50 passengers or for each portion of such a unit.

(3) No flight attendants are required if

(a) the aeroplane has 13 to 19 passengers on board;
(b) the aeroplane is operated by a pilot-in-command and a second-in-command;
(c) the passenger cabin is readily accessible from the flight deck; and
(d) the flight crew members are able to exercise supervision over the passengers during flight by visual and aural means.

(4) If a private operator has carried out a successful demonstration of its emergency evacuation procedures for a model of aeroplane using more flight attendants than would have been required in accordance with the ratio set out in subsection (2), the minimum number of flight attendants required on each deck of an aeroplane of that model that is operated by the private operator is the number of flight attendants used in the demonstration.

(5) If the emergency evacuation demonstration required for the certification of a model of aeroplane was carried out using more flight attendants than would have been required in accordance with the ratio set out in subsection (2), the minimum number of flight attendants required on each deck of an aeroplane of that model is the number of flight attendants required in accordance with the ratio set out in subsection (2) plus an additional number of flight attendants that is equal to the difference between

(a) the number of flight attendants used in the demonstration, and
(b) the number of flight attendants that would have been required in accordance with the ratio set out in subsection (2) at the time of the demonstration.

(6) If there is a conflict between subsection (3) and subsection (4) or (5), subsection (3) prevails to