Canadian Aviation Regulations (SOR/96-433)

605.39 (1) An aircraft that is required to be equipped with one or more ELTs under section 605.38 may be operated without a serviceable ELT if the operator

• (a) repairs the ELT or removes it from the aircraft at the first aerodrome at which repairs or removal can be accomplished;

• (b) on removal of the ELT, sends the ELT to a maintenance facility; and

• (c) displays on a readily visible placard within the aircraft cockpit, until the ELT is replaced, a notice stating that the ELT has been removed and setting out the date of its removal.

(2) If an aircraft is required to have one ELT under section 605.38, the operator shall re-equip the aircraft with a serviceable ELT within

• (a) 10 days after the date of removal, if the aircraft is operated under Subpart 4 or 5 of Part VII; or

• (b) 30 days after the date of removal in the case of any other aircraft.

(3) If an aircraft is required to have two ELTs under section 605.38, the operator shall

• (a) if one of the ELTs is unserviceable, repair or replace it within 10 days after the date of removal; and

• (b) if both ELTs are unserviceable, repair or replace

  • (i) one ELT at the first aerodrome at which a repair or replacement can be accomplished, and

  • (ii) the second ELT within 10 days after the date of removal.

605.40 (1) Subject to subsection (2), no person shall activate an ELT except in an emergency.

(2) A person may activate an ELT during the first five minutes of any hour UTC for a duration of not more than five seconds for the purpose of testing it.

(3) Where an ELT has been inadvertently activated during flight, the pilot-in-command of the aircraft shall ensure that

• (a) the nearest air traffic control unit, flight service station or community aerodrome radio station is so informed as soon as possible; and

• (b) the ELT is switched off.

605.41 (1) No person shall conduct a take-off in a turbo-jet-powered aeroplane that is operated under Part VII without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aeroplane

• (a) has a MCTOW of less than 5 700 kg (12,566 pounds); and

• (b) was operated in Canada in a commercial air service on October 10, 1996.

(2) No person shall conduct a take-off in a transport category aircraft without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aircraft

• (a) is a transport category helicopter not operated in IFR flight;

• (b) is a transport category aeroplane powered by reciprocating engines that was manufactured before January 1, 1998; or

• (c) is not operated pursuant to Part VII.

(3) No person shall conduct a take-off in a turbo-propeller powered aeroplane that is operated under Part VII without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aeroplane

• (a) has a passenger seating configuration, excluding pilot seats, of 30 or fewer;

• (b) has a payload capacity of 3 402 kg (7,500 pounds) or less; and

• (c) was manufactured prior to March 20, 1997.

(4) After December 20, 2010, no person shall conduct a take-off in a turbo-propeller powered aeroplane having a passenger seating configuration, excluding pilot seats, of 10 or more, and operated under Part VII, unless the aeroplane is equipped with a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards.