Canadian Aviation Regulations (SOR/96-433)

705.35 For the purposes of section 602.122, a person may conduct an IFR flight where an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary, if the person

• (a) is authorized to do so in an air operator certificate; and

• (b) complies with the Commercial Air Service Standards.

705.36 No person shall operate an aircraft in VFR OTT flight unless

• (a) the aircraft is a helicopter;

• (b) the person is authorized to do so in an air operator certificate; and

• (c) the person complies with the Commercial Air Service Standards.

705.37 No person shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the air operator establishes the route in accordance with the Commercial Air Service Standards.

705.38 [Reserved]

• 705.39 (1) No person shall operate an aircraft unless, during every phase of the flight, the load restrictions, weight and centre of gravity of the aircraft conform to the limitations specified in the aircraft flight manual.

• (2) An air operator shall have a weight and balance system that meets the Commercial Air Service Standards.

• (3) An air operator shall keep a copy of the weight and balance forms, including any amendments to the forms, for not less than 90 days.

• (4) An air operator shall specify in its company operation manual

  • (a) its weight and balance system;

  • (b) its instructions to employees regarding the preparation and accuracy of weight and balance forms; and

  • (c) the period for which the forms shall be kept.

• 705.40 (1) An air operator shall establish procedures to ensure that

  • (a) passengers move to and from the aircraft and embark and disembark safely, in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator’s company operations manual;

  • (b) all passengers are seated and secured in accordance with subsection 605.26(1);

  • (c) subject to subsection (2), the back of each seat is in the upright position and all chair tables and carry-on baggage are stowed during movement on the surface, take-off and landing and at such other times as the pilot-in-command considers necessary for the safety of the persons on board the aircraft; and

  • (d) seats located at emergency exits and seats that are not located on the main deck of an aircraft are not occupied by passengers whose presence in those seats could adversely affect the safety of passengers or crew members during an emergency evacuation.

• (2) An air operator may, for the transportation of any passenger who has been certified by a physician as unable to sit upright, allow the back of the seat occupied by such a passenger to remain in the reclining position during movement on the surface, take-off and landing if

  • (a) the passenger is seated in a location that will not restrict the evacuation of other passengers from 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.

• (3) No air operator shall permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator’s company operations manual.

• (4) For the purposes of section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that

  • (a) meet the Commercial Air Service Standards; and

  • (b) are specified in the air operator’s company operations manual.