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Version of document from 2006-05-05 to 2006-06-29:

Canadian Aviation Regulations

SOR/96-433

AERONAUTICS ACT

Registration 1996-09-10

Regulations Respecting Aviation and Activities Relating to Aeronautics

P.C. 1996-1399 1996-09-10

His 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.

PART IGeneral Provisions

Short Title

 These Regulations may be cited as the Canadian Aviation Regulations.

SUBPART 1 — INTERPRETATION

Interpretation

  •  (1) In these Regulations,

    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 within the boundaries or along the tracks specified in the Designated Airspace Handbook; (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 airspace within the boundaries or along the tracks specified in the Designated Airspace Handbook and within which air traffic control service is provided; (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)

    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)

    Arctic Control Area

    Arctic Control Area means the controlled airspace within the Northern Domestic Airspace, so specified, and delineated in the Designated Airspace Handbook; (région de contrôle de l’Arctique)

    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 and advisory services; (ATS ou services de la circulation aérienne)

    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)

    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 that contains information on instrument procedures and that is published under the authority of the Minister; (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)

    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 complies with the applicable standards of airworthiness set out in Chapter 537 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)

    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 that is specified as 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 a height specified in the Canada Air Pilot or the route and approach inventory at which a missed approach procedure shall 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)

    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 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 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 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 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)

    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 used or intended to be used for the arrival, landing, take-off or departure of aircraft capable of vertical take-off and landing; (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)

    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 IFR approach to that runway or aerodrome or, where no such information is specified in the Canada Air Pilot, the information specified in

    • (a) the air operator certificate or the private operator certificate, or

    • (b) the route and approach inventory, where the aircraft is operated pursuant to Part VII or Subpart 4 of Part VI; (procédure d’approche aux instruments)

    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 means a supplemental type certificate that is applicable only to the aeronautical products that are specified in the certificate by serial number or by some other identification unique to those products and includes a limited supplemental type approval issued before October 10, 1996 under section 214 of the Air Regulations; (certificat de type supplémentaire restreint)

    low level airspace

    low level airspace means airspace below 18,000 feet ASL that is within Canadian Domestic Airspace; (espace aérien inférieur)

    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) any work performed on an aircraft by the manufacturer prior to the issuance of the first crtificate of airworthiness or the 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 Part V that authorizes the holder of the certificate to manufacture an approved aeronautical product; (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 route and approach inventory for a non-precision approach, below which descent shall not be made until the required visual reference to continue the approach to land has been established; (altitude minimale de descente)

    minimum enroute altitude

    minimum enroute altitude means the lowest altitude ASL that is specified in the Designated Airspace Handbook for a designated area or between fixes on airways or air routes, that assures acceptable navigational signal coverage and that meets the obstruction clearance criteria; (altitude minimale en route)

    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 will ensure that an IFR aircraft will be clear of the highest obstacle within an airway or air route; (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

    • (a) equipped with model rocket engines that will not generate a total impulse exceeding 80 newton-seconds,

    • (b) of a gross weight, including engines, not exceeding 500 g (1.1 pounds), and

    • (c) equipped with a parachute or other device capable of retarding its descent; (modèle réduit de fusée)

    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)

    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, means the holder of an airport certificate issued under Subpart 2 of Part III, or the person in charge of the airport, whether as employee, agent or representative of the holder of the certificate; (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)

    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)

    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 certificate; (exploitant privé)

    private operator certificate

    private operator certificate means a certificate issued under Subpart 4 of Part VI that authorizes the holder of the certificate to operate a Canadian aircraft for the purpose of transporting passengers; (certificat d’exploitation privée)

    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 certificate

    repair design certificate means a document issued by the Minister to record the approval of a repair design for an aeronautical product, identified in the document by a serial number or by some other identification unique to the aeronautical product, and that references the documents and data defining the repair design and the limitations and conditions applicable to the aeronautical product as a result of the design change, and includes a repair design approval issued, before the coming into force of these Regulations, pursuant to section 214 of the Air Regulations; (certificat de conception de réparation)

    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)

    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)

    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 »)

    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]

    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)

    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 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 that is issued by the Minister to record the approval of a change to the type design of an aeronautical product and that references the documents and data defining the change and the limitations and conditions applicable as a result of the change and includes a supplemental type approval issued before October 10, 1996 under section 214 of the Air Regulations; (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)

    terminal control area

    terminal control area means an airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which an air traffic control service for IFR flights is provided; (région de contrôle terminal)

    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)

    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)

    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 document issued by

    • (a) the Minister certifying that the type design of an aircraft, aircraft engine, aircraft propeller or aircraft appliance meets the applicable standards for that aeronautical product, as recorded in the type certificate data sheets, and includes a type approval issued before October 10, 1996 under section 214 of the Air Regulations, or

    • (b) 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 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)

    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

SUBPART 2 — APPLICATION

Application

 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
  •  (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
  •  (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

 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

 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]
  •  (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

 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
  •  (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

 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

 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

 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

 For the purposes of subsection 6.71(1) and paragraph 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, the chief pilot or the person responsible for the maintenance control system, 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; and

  • (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.

  • SOR/2005-173, s. 7

SCHEDULE I(Subsection 103.06(4))

Top of form Notice of refusal to issue or amend a Canadian aviation document.

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 Registrar, 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 Registrar.

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

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

Column IColumn II
Designated ProvisionMaximum Amount of Penalty ($)
IndividualCorporation
PART I — GENERAL PROVISIONS
SUBPART 3 — ADMINISTRATION AND COMPLIANCE
Subsection 103.02(1)5,00025,000
Subsection 103.02(2)5,00025,000
Subsection 103.02(3)5,00025,000
Section 103.035,00025,000
SUBPART 5 — AERIAL SIGHTSEEING FLIGHTS
Subsection 105.01(2)1,0005,000
SUBPART 6 — ACCOUNTABLE EXECUTIVE
Subsection 106.02(1)5,00025,000
Subsection 106.02(2)5,00025,000
SUBPART 7 — SAFETY MANAGEMENT SYSTEM REQUIREMENTS
Section 107.025,00025,000
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)1,0005,000
Section 109.051,0005,000
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)3,00015,000
Subsection 201.01(2)5,00025,000
Subsection 201.01(7)3,00015,000
Section 201.023,00015,000
Subsection 201.03(1)5,00025,000
Subsection 201.03(4)3,00015,000
Subsection 201.03(6)3,00015,000
Subsection 201.04(3)3,00015,000
Subsection 201.05(1)5,00025,000
Subsection 201.06(1)5,00025,000
Subsection 201.07(1)5,00025,000
Subsection 201.09(1)5,00025,000
Subsection 201.10(1)5,00025,000
Subsection 201.11(1)5,00025,000
Subsection 201.12(1)5,00025,000
Subsection 201.12(3)5,00025,000
Subsection 201.12(5)5,00025,000
SUBPART 2 — AIRCRAFT MARKING AND REGISTRATION
Subsection 202.01(1)3,00015,000
Subsection 202.01(4)3,00015,000
Subsection 202.03(3)1,0005,000
Subsection 202.03(4)1,0005,000
Subsection 202.04(1)5,00025,000
Subsection 202.05(2)1,0005,000
Subsection 202.06(2)1,0005,000
Subsection 202.07(1)2,00025,000
Subsection 202.13(2)5,00025,000
Subsection 202.14(3)5,00025,000
Section 202.261,0005,000
Subsection 202.28(2)1,0005,000
Subsection 202.35(2)1,0005,000
Subsection 202.37(1)3,00015,000
Section 202.383,00015,000
Subsection 202.42(1)5,00025,000
Subsection 202.43(2)5,0005,000
Subsection 202.46(2)3,00015,000
Subsection 202.46(3)3,00015,000
Section 202.511,0005,000
Section 202.521,0005,000
Subsection 202.58(1)3,00015,000
Section 202.613,00015,000
Section 202.625,00025,000
SUBPART 3 — OPERATION OF A LEASED AIRCRAFT BY A NON-REGISTERED OWNER
Subsection 203.03(1)5,00025,000
Subsection 203.03(4)1,0005,000
Subsection 203.03(5)1,0005,000
Subsection 203.04(1)5,00025,000
Subsection 203.04(2)5,00025,000
Subsection 203.06(1)5,00025,000
Subsection 203.06(2)5,00025,000
Subsection 203.07(1)5,00025,000
Subsection 203.07(2)5,00025,000
Subsection 203.091,0005,000
PART III — AERODROMES AND AIRPORTS
SUBPART 1 — AERODROMES
Section 301.023,00015,000
Subsection 301.03(3)5,00025,000
Subsection 301.04(1)5,00025,000
Subsection 301.04(2)5,00025,000
Subsection 301.04(4)5,00025,000
Subsection 301.04(5)5,00025,000
Subsection 301.04(6)5,00025,000
Subsection 301.04(7)5,00025,000
Section 301.053,00015,000
Subsection 301.06(1)5,00025,000
Subsection 301.06(2)5,00025,000
Subsection 301.07(1)5,00025,000
Subsection 301.07(5)5,00025,000
Subsection 301.07(6)5,00025,000
Subsection 301.07(7)3,00015,000
Subsection 301.07(8)3,00015,000
Subsection 301.07(9)5,00025,000
Subsection 301.07(11)3,00015,000
SUBPART 2 — AIRPORTS
Subsection 302.07(1)5,00025,000
Subsection 302.07(2)5,00025,000
Subsection 302.07(3)5,00025,000
Subsection 302.08(1)5,00025,000
Subsection 302.08(5)5,00025,000
Section 302.095,00025,000
SUBPART 3 — AIRCRAFT RESCUE AND FIRE FIGHTING AT AIRPORTS AND AERODROMES
Subsection 303.03(1)5,00025,000
Subsection 303.03(2)5,00025,000
Subsection 303.04(1)5,00025,000
Subsection 303.04(2)5,00025,000
Subsection 303.04(3)5,00025,000
Subsection 303.04(4)5,00025,000
Subsection 303.06(1)3,00015,000
Subsection 303.06(2)3,00015,000
Subsection 303.06(4)3,00015,000
Subsection 303.07(1)5,00025,000
Section 303.085,00025,000
Section 303.095,00025,000
Subsection 303.10(2)5,00025,000
Subsection 303.11(2)5,00025,000
Section 303.125,00025,000
Section 303.135,00025,000
Section 303.145,00025,000
Section 303.155,00025,000
Subsection 303.16(1)5,00025,000
Subsection 303.16(2)5,00025,000
Section 303.175,00025,000
Subsection 303.18(1)5,00025,000
Subsection 303.18(2)3,00015,000
Subsection 303.18(3)3,00015,000
Subsection 303.18(5)3,00015,000
Subsection 303.18(6)3,00015,000
Subsection 303.18(7)5,00025,000
Section 303.195,00025,000
Section 303.20(1)5,00025,000
Section 303.20(2)5,00025,000
SUBPART 8 — AIRCRAFT EMERGENCY INTERVENTION AT AIRPORTS
Section 308.035,00025,000
Section 308.045,00025,000
Subsection 308.05(1)5,00025,000
Subsection 308.06(1)5,00025,000
Subsection 308.06(2)5,00025,000
Section 308.075,00025,000
Section 308.083,00015,000
Subsection 308.09(2)5,00025,000
Subsection 308.10(2)5,00025,000
Section 308.125,00025,000
Section 308.135,00025,000
Section 308.145,00025,000
Section 308.155,00025,000
Section 308.163,00015,000
Section 308.175,00025,000
PART IV — PERSONNEL LICENCING AND TRAINING
Subsection 400.05(1)3,00015,000
Section 400.071,0005,000
SUBPART 1 — FLIGHT CREW PERMITS, LICENCES AND RATINGS
Subsection 401.03(1)5,00025,000
Section 401.045,00025,000
Subsection 401.05(1)3,00015,000
Subsection 401.05(2)3,00015,000
Subsection 401.05(3)3,00015,000
Subsection 401.05(4)3,00015,000
Subsection 401.05(6)3,00015,000
Subsection 401.08(3)5,00025,000
Subsection 401.11(1)5,00025,000
Subsection 401.15(1)3,00015,000
Subsection 401.28(1)5,00015,000
Subsection 401.30(3)5,00025,000
Subsection 401.31(3)5,00025,000
Section 401.623,00015,000
Subsection 401.63(1)3,00015,000
Subsection 401.63(2)3,00015,000
Section 401.641,0005,000
SUBPART 2 — AIR TRAFFIC CONTROLLER LICENCES AND RATINGS
Subsection 402.04(1)5,00025,000
Section 402.055,00025,000
Section 402.163,00015,000
SUBPART 3 — AIRCRAFT MAINTENANCE ENGINEER LICENCES AND RATINGS
Subsection 403.02(1)5,00025,000
Subsection 403.05(1)3,00015,000
Subsection 403.05(2)3,00015,000
Subsection 403.08(1)5,00025,000
SUBPART 4 — MEDICAL REQUIREMENTS
Section 404.035,00025,000
SUBPART 5 — FLIGHT TRAINING
Section 405.113,00015,000
Section 405.131,0005,000
Section 405.215,00025,000
Section 405.223,00015,000
Section 405.233,00015,000
Section 405.243,00015,000
Section 405.311,0005,000
Section 405.321,0005,000
Subsection 405.33(1)1,0005,000
Subsection 405.33(2)1,0005,000
Subsection 405.33(3)1,0005,000
SUBPART 6 — FLIGHT TRAINING UNITS
Subsection 406.03(1)5,00025,000
Subsection 406.05(1)3,00015,000
Subsection 406.05(2)3,00015,000
Subsection 406.19(1)5,00025,000
Subsection 406.19(5)5,00025,000
Subsection 406.21(1)3,00015,000
Subsection 406.21(2)3,00015,000
Section 406.225,00025,000
Section 406.235,00025,000
Section 406.243,00015,000
Section 406.255,00025,000
Section 406.263,00015,000
Section 406.315,00025,000
Section 406.323,00015,000
Section 406.335,00025,000
Section 406.343,00015,000
Section 406.355,00025,000
Subsection 406.36(1) [Repealed, SOR/2005-173, s. 3]
Section 406.375,00025,000
Subsection 406.38(1)5,00025,000
Subsection 406.39(1)5,00025,000
Subsection 406.39(2)3,00015,000
Section 406.405,00025,000
Section 406.415,00025,000
Section 406.423,00015,000
Section 406.433,00015,000
Section 406.443,00015,000
Section 406.453,00015,000
Subsection 406.46(1)3,00015,000
Subsection 406.46(2)1,0005,000
Subsection 406.47(1)5,00025,000
Subsection 406.47(2) [Repealed, SOR/2005-173, s. 3]
Subsection 406.51(1)3,00015,000
Subsection 406.51(2)3,00015,000
Section 406.523,00015,000
Section 406.535,00025,000
Section 406.543,00015,000
Section 406.551,0005,000
Section 406.563,00015,000
Section 406.573,00015,000
Subsection 406.58(1)5,00025,000
Subsection 406.58(2)3,00015,000
PART V — AIRWORTHINESS
SUBPART 1 — ANNUAL AIRWORTHINESS INFORMATION REPORT
Subsection 501.01(1)1,0005,000
Section 501.021,0005,000
Section 501.031,0005,000
SUBPART 9 — EXPORT AIRWORTHINESS CERTIFICATES
Section 509.053,00015,000
SUBPART 11 — APPROVAL OF THE TYPE DESIGN OF AN AERONAUTICAL PRODUCT
Subsection 511.30(1)5,00025,000
Subsection 511.30(2)5,00025,000
Section 511.315,00025,000
Paragraph 511.32(b)5,00025,000
Section 511.333,00015,000
Subsection 511.34(2)5,00025,000
Subsection 511.34(4)5,00025,000
Subsection 511.34(6)5,00025,000
SUBPART 13 — APPROVAL OF MODIFICATION AND REPAIR DESIGNS
Subsection 513.30(1)5,00025,000
Subsection 513.30(2)5,00025,000
Subsection 513.30(3)3,00015,000
Section 513.315,00025,000
Paragraph 513.32(b)5,00025,000
Section 513.333,00015,000
SUBPART 71 — AIRCRAFT MAINTENANCE REQUIREMENTS
Subsection 571.02(1)5,00025,000
Subsection 571.02(2)3,00015,000
Subsection 571.02(3)5,00025,000
Section 571.035,00025,000
Section 571.043,00015,000
Section 571.053,00015,000
Subsection 571.06(1)5,00025,000
Subsection 571.06(2)3,00015,000
Subsection 571.06(3)3,00015,000
Subsection 571.06(5)5,00025,000
Subsection 571.07(1)5,00025,000
Subsection 571.08(1)5,00025,000
Subsection 571.08(2)3,00015,000
Subsection 571.09(1)5,00025,000
Subsection 571.09(2)5,00025,000
Subsection 571.10(1)5,00025,000
Subsection 571.10(5)5,00025,000
Subsection 571.11(1)5,00025,000
Subsection 571.11(3)5,00025,000
Subsection 571.11(4)5,00025,000
Subsection 571.11(6)3,00015,000
Section 571.121,0005,000
Section 571.13(1)5,00025,000
SUBPART 73 — APPROVED MAINTENANCE ORGANIZATIONS
Subsection 573.03(1)5,00025,000
Subsection 573.03(2) [Repealed, SOR/2005-173, s. 4]
Subsection 573.03(3) [Repealed, SOR/2005-357, s. 2]
Subsection 573.03(6)5,00025,000
Subsection 573.03(7)5,00025,000
Subsection 573.05(1)5,00025,000
Subsection 573.05(2)5,00025,000
Subsection 573.06(1)3,00015,000
Subsection 573.07(1)5,00025,000
Subsection 573.07(2)1,0005,000
Subsection 573.08(1)5,00025,000
Subsection 573.08(2)3,00015,000
Subsection 573.08(3)3,00015,000
Subsection 573.08(4)5,00025,000
Section 573.09(1)5,00025,000
Subsection 573.10(1)5,00025,000
Subsection 573.10(3)1,0005,000
Subsection 573.10(5)5,00025,000
Subsection 573.10(6)5,00025,000
Subsection 573.10(7)3,00015,000
Subsection 573.10(8)1,0005,000
Subsection 573.11(1)5,00025,000
Subsection 573.11(4)5,00025,000
Section 573.123,00015,000
Subsection 573.14(1)5,00025,000
Subsection 573.14(2)5,00025,000
SUBPART 91 — SERVICE DIFFICULTY REPORTING
Subsection 591.01(1)3,00015,000
PART VI — GENERAL OPERATING AND FLIGHT RULES
SUBPART 1 — AIRSPACE
Subsection 601.04(2)3,00015,000
Subsection 601.05(1)3,00015,000
Subsection 601.06(1)1,0005,000
Subsection 601.07(1)3,00015,000
Subsection 601.07(3)3,00015,000
Subsection 601.08(1)3,00015,000
Subsection 601.09(1)1,0005,000
Section 601.151,0005,000
Subsection 601.22(1)5,00025,000
SUBPART 2 — OPERATING AND FLIGHT RULES
Section 602.015,00025,000
Section 602.025,00025,000
Section 602.035,00025,000
Subsection 602.04(3)5,00025,000
Subsection 602.04(4)5,00025,000
Subsection 602.05(2)3,00015,000
Section 602.073,00015,000
Subsection 602.08(1)3,00015,000
Section 602.095,00025,000
Subsection 602.10(1)3,00015,000
Subsection 602.10(2)3,00015,000
Subsection 602.11(2)5,00025,000
Subsection 602.11(4)5,00025,000
Subsection 602.11(5)5,00025,000
Subsection 602.11(6)5,00025,000
Subsection 602.11(7)1,0005,000
Section 602.12(2)3,00015,000
Section 602.12(3)3,00015,000
Subsection 602.13(1)3,00015,000
Subsection 602.14(2)3,00015,000
Subsection 602.16(1)3,00015,000
Subsection 602.16(2)3,00015,000
Section 602.173,00015,000
Subsection 602.18(1)3,00015,000
Subsection 602.18(2)3,00015,000
Subsection 602.19(1)5,00025,000
Subsection 602.19(2)3,00015,000
Subsection 602.19(3)3,00015,000
Subsection 602.19(4)3,00015,000
Subsection 602.19(5)3,00015,000
Subsection 602.19(6)3,00015,000
Subsection 602.19(7)3,00015,000
Subsection 602.19(8)3,00015,000
Subsection 602.19(9)3,00015,000
Subsection 602.19(10)5,00025,000
Subsection 602.20(1)3,00015,000
Subsection 602.20(2)3,00015,000
Subsection 602.20(3)3,00015,000
Section 602.215,00025,000
Section 602.223,00015,000
Section 602.235,00025,000
Section 602.243,00015,000
Subsection 602.25(2)3,00015,000
Section 602.263,00015,000
Section 602.273,00015,000
Section 602.283,00015,000
Subsection 602.29(1)3,00015,000
Section 602.305,00025,000
Subsection 602.31(1)3,00015,000
Subsection 602.31(4)3,00015,000
Subsection 602.32(1)3,00015,000
Subsection 602.32(2)3,00015,000
Section 602.333,00015,000
Subsection 602.34(2)3,00015,000
Section 602.353,00015,000
Subsection 602.36(1)3,00015,000
Subsection 602.36(2)3,00015,000
Section 602.373,00015,000
Section 602.383,00015,000
Section 602.393,00015,000
Subsection 602.40(1)3,00015,000
Section 602.425,00025,000
Section 602.435,00025,000
Section 602.583,00015,000
Subsection 602.59(1)3,00015,000
Subsection 602.60(1)3,00015,000
Subsection 602.60(4)3,00015,000
Subsection 602.61(1)3,00015,000
Subsection 602.62(1)3,00015,000
Subsection 602.62(2)3,00015,000
Subsection 602.62(3)3,00015,000
Subsection 602.63(1)3,00015,000
Subsection 602.63(2)3,00015,000
Subsection 602.63(4)3,00015,000
Subsection 602.63(5)3,00015,000
Subsection 602.63(7)5,00025,000
Section 602.713,00015,000
Section 602.723,00015,000
Subsection 602.73(1)3,00015,000
Subsection 602.73(2)1,0005,000
Subsection 602.73(4)1,0005,000
Subsection 602.76(2)3,00015,000
Subsection 602.76(4)1,0005,000
Subsection 602.77(1)1,0005,000
Subsection 602.77(2)1,0005,000
Subsection 602.86(1)3,00015,000
Subsection 602.86(2)3,00015,000
Section 602.873,00015,000
Subsection 602.88(2)5,00025,000
Subsection 602.89(1)3,00015,000
Subsection 602.89(2)3,00015,000
Subsection 602.89(3)3,00015,000
Subsection 602.96(2)3,00015,000
Subsection 602.96(3)3,00015,000
Subsection 602.96(4)3,00015,000
Subsection 602.97(1)3,00015,000
Subsection 602.97(2)3,00015,000
Subsection 602.98(1)3,00015,000
Subsection 602.98(2)3,00015,000
Section 602.993,00015,000
Section 602.1003,00015,000
Section 602.1011,0005,000
Section 602.1023,00015,000
Section 602.1033,00015,000
Subsection 602.104(2)3,00015,000
Section 602.1055,00025,000
Subsection 602.106(1)5,00025,000
Section 602.1145,00025,000
Section 602.1155,00025,000
Subsection 602.121(1)3,00015,000
Subsection 602.121(2)3,00015,000
Section 602.1221,0005,000
Section 602.1231,0005,000
Subsection 602.124(1)3,00015,000
Subsection 602.124(2)3,00015,000
Subsection 602.125(1)1,0005,000
Subsection 602.126(1)5,00025,000
Subsection 602.127(1)3,00015,000
Subsection 602.127(2)3,00015,000
Subsection 602.128(1)5,00025,000
Subsection 602.128(2)5,00025,000
Subsection 602.128(3)5,00025,000
Subsection 602.128(4)5,00025,000
Subsection 602.129(3)3,00015,000
Section 602.1303,00015,000
Subsection 602.134(2)5,00025,000
Subsection 602.134(3)5,00025,000
Subsection 602.134(4)5,00025,000
Subsection 602.134(5)5,00025,000
Section 602.1355,00025,000
Section 602.1363,00015,000
Subsection 602.137(1)3,00015,000
Subsection 602.137(2)3,00015,000
Section 602.1383,00015,000
Section 602.1433,00015,000
Subsection 602.144(1)5,00025,000
Subsection 602.144(3)5,00025,000
Subsection 602.144(4)3,00015,000
Subsection 602.145(3)3,00015,000
Subsection 602.145(4)3,00015,000
Subsection 602.145(5)3,00015,000
Subsection 602.146(2)5,00015,000
Section 602.1525,00025,000
Subsection 602.153(1)5,00025,000
Section 602.1563,00015,000
Subsection 602.157(1)5,00025,000
Subsection 602.157(2)5,00025,000
Section 602.1621,0005,000
SUBPART 3 — SPECIAL FLIGHT OPERATIONS
Section 603.013,00015,000
Section 603.053,00015,000
Section 603.063,00015,000
Section 603.073,00015,000
Section 603.085,00015,000
Section 603.093,00025,000
Section 603.173,00015,000
Section 603.213,00015,000
Section 603.221,0005,000
Section 603.231,0005,000
Subsection 603.24(1)3,00015,000
Subsection 603.24(2)1,0005,000
Subsection 603.25(1)5,00025,000
Section 603.663,00015,000
SUBPART 4 — PRIVATE OPERATOR PASSENGER TRANSPORTATION
Section 604.035,00025,000
Section 604.245,00025,000
Section 604.263,00015,000
Subsection 604.27(3)1,0005,000
SUBPART 5 — AIRCRAFT REQUIREMENTS
Subsection 605.03(1)5,00025,000
Subsection 605.04(1)1,0005,000
Section 605.051,0005,000
Section 605.065,00025,000
Subsection 605.08(1)5,00025,000
Subsection 605.09(1)3,00015,000
Subsection 605.10(1)5,00025,000
Subsection 605.10(2)3,00015,000
Section 605.143,00015,000
Subsection 605.15(1)3,00015,000
Subsection 605.16(1)3,00015,000
Subsection 605.16(3)3,00015,000
Subsection 605.16(4)5,00025,000
Subsection 605.17(1)1,0005,000
Section 605.185,00025,000
Section 605.193,00015,000
Section 605.203,00015,000
Section 605.213,00015,000
Subsection 605.22(1)3,00015,000
Subsection 605.24(1)3,00015,000
Subsection 605.24(2)3,00015,000
Subsection 605.24(3)3,00015,000
Subsection 605.24(4)3,00015,000
Subsection 605.24(5)3,00015,000
Subsection 605.25(1)3,00015,000
Subsection 605.25(3)3,00015,000
Subsection 605.25(4)3,00015,000
Subsection 605.25(5)3,00015,000
Subsection 605.27(1)3,00015,000
Subsection 605.27(3)3,00015,000
Subsection 605.28(1)3,00015,000
Section 605.295,00025,000
Section 605.305,00025,000
Subsection 605.31(1)3,00015,000
Subsection 605.31(2)3,00015,000
Subsection 605.32(1)3,00015,000
Subsection 605.32(3)3,0005,000
Subsection 605.33(1)5,00025,000
Subsection 605.33(2)5,00025,000
Subsection 605.34(1)5,00025,000
Subsection 605.35(1)3,00015,000
Subsection 605.36(1)5,00025,000
Subsection 605.37(1)5,00025,000
Subsection 605.38(1)3,00015,000
Subsection 605.40(3)1,0005,000
Subsection 605.41(1)3,00015,000
Subsection 605.41(2)3,00015,000
Subsection 605.84(1)5,00025,000
Subsection 605.85(1)5,00025,000
Subsection 605.85(3)1,0005,000
Subsection 605.86(1)5,00025,000
Subsection 605.88(1)5,00025,000
Subsection 605.92(1)5,00025,000
Subsection 605.93(1)1,0005,000
Subsection 605.93(2)1,0005,000
Subsection 605.93(3)1,0005,000
Subsection 605.93(4)1,0005,000
Subsection 605.93(5)1,0005,000
Subsection 605.94(1)3,00015,000
Subsection 605.94(2)1,0005,000
Subsection 605.94(3)3,00015,000
Subsection 605.94(4)3,00015,000
Subsection 605.95(1)1,0005,000
Subsection 605.96(1)3,00015,000
Subsection 605.96(2)3,00015,000
Subsection 605.96(4)3,00015,000
Section 605.973,00015,000
SUBPART 6 — MISCELLANEOUS
Section 606.015,00025,000
Subsection 606.02(2)5,00025,000
Subsection 606.02(4)5,00025,000
Subsection 606.02(5)5,00025,000
Subsection 606.02(6)5,00025,000
Subsection 606.02(8)5,00025,000
Subsection 606.02(9)1,0005,000
Subsection 606.03(1)5,00025,000
PART VII — COMMERCIAL AIR SERVICES
Subsection 700.02(1)5,00025,000
Subsection 700.02(2)5,00025,000
Subsection 700.03(1)5,00025,000
Subsection 700.05(1)5,00025,000
Subsection 700.05(2)5,00025,000
Section 700.065,00025,000
Section 700.075,00025,000
Section 700.083,00015,000
Subsection 700.09(1)5,00025,000
Subsection 700.09(3)5,00025,000
Subsection 700.14(1)5,00025,000
Subsection 700.15(1)5,00025,000
Subsection 700.15(3)5,00025,000
Subsection 700.16(1)5,00025,000
Subsection 700.16(2)5,00025,000
Subsection 700.16(3)3,00015,000
Subsection 700.16(4)5,00025,000
Subsection 700.19(1)3,00015,000
Subsection 700.19(3)1,0005,000
Section 700.203,00015,000
Subsection 700.21(1)3,00015,000
Subsection 700.21(2)3,00015,000
SUBPART 1 — FOREIGN AIR OPERATIONS
Subsection 701.02(1)5,00025,000
Subsection 701.03(1)5,00025,000
Subsection 701.03(2)5,00025,000
Subsection 701.16(1)3,00015,000
Subsection 701.17(1)5,00025,000
Section 701.183,00015,000
Subsection 701.22(1)5,00025,000
Subsection 701.23(1)3,00015,000
Subsection 701.23(2)3,00015,000
Section 701.243,00015,000
Subsection 701.25(2)5,00025,000
Subsection 701.25(4)5,00025,000
Subsection 701.25(7)5,00025,000
Subsection 701.25(8)5,00025,000
SUBPART 2 — AERIAL WORK
Section 702.025,00025,000
Subsection 702.11(1)3,00015,000
Subsection 702.11(2)3,00015,000
Section 702.125,00025,000
Section 702.133,00015,000
Section 702.143,00015,000
Section 702.155,00025,000
Section 702.163,00015,000
Subsection 702.18(1)3,00015,000
Subsection 702.18(3)5,00025,000
Section 702.205,00025,000
Section 702.21(1)5,00025,000
Section 702.233,00015,000
Subsection 702.42(1)3,00015,000
Subsection 702.42(2)3,00015,000
Section 702.435,00025,000
Section 702.443,00015,000
Section 702.453,00015,000
Section 702.643,00015,000
Section 702.655,00025,000
Subsection 702.76(1)3,00015,000
Subsection 702.76(3)1,0005,000
Subsection 702.77(1)3,00015,000
Subsection 702.77(2)3,00015,000
Subsection 702.77(3)1,0005,000
Subsection 702.81(1)3,00015,000
Subsection 702.81(2)3,00015,000
Subsection 702.81(3)3,00015,000
Subsection 702.83(1)3,00015,000
Subsection 702.83(3)1,0005,000
Subsection 702.84(1)3,00015,000
Subsection 702.84(2)1,0005,000
SUBPART 3 — AIR TAXI OPERATIONS
Section 703.025,00025,000
Subsection 703.14(1)3,00015,000
Subsection 703.14(2)3,00015,000
Subsection 703.15(1)3,00015,000
Section 703.163,00015,000
Section 703.173,00015,000
Subsection 703.18(1)3,00015,000
Subsection 703.18(2)1,0005,000
Subsection 703.18(3)3,00015,000
Section 703.195,00025,000
Section 703.205,00025,000
Subsection 703.21(1)3,00015,000
Subsection 703.21(2)3,00015,000
Subsection 703.22(1)5,00025,000
Section 703.235,00025,000
Section 703.245,00025,000
Section 703.253,00015,000
Section 703.261,0005,000
Section 703.275,00025,000
Section 703.293,00015,000
Subsection 703.30(1)3,00015,000
Section 703.325,00025,000
Section 703.333,00015,000
Section 703.343,00015,000
Section 703.353,00015,000
Subsection 703.37(1)5,00025,000
Subsection 703.37(2)5,00025,000
Subsection 703.37(3)1,0005,000
Subsection 703.38(1)1,0005,000
Subsection 703.38(2)5,00025,000
Subsection 703.38(3)1,0005,000
Subsection 703.39(1)3,00015,000
Subsection 703.39(2)1,0005,000
Subsection 703.39(3)1,0005,000
Subsection 703.39(4)3,00015,000
Subsection 703.39(5)3,00015,000
Subsection 703.64(1)5,00025,000
Subsection 703.64(2)3,00015,000
Section 703.653,00015,000
Section 703.665,00025,000
Subsection 703.67(1)5,00025,000
Section 703.683,00015,000
Section 703.693,00015,000
Section 703.821,0005,000
Section 703.865,00025,000
Section 703.873,00015,000
Subsection 703.88(1)5,00025,000
Subsection 703.88(3)5,00025,000
Subsection 703.88(4)3,00015,000
Subsection 703.89(1)3,00015,000
Subsection 703.89(2)3,00015,000
Subsection 703.98(1)3,00015,000
Subsection 703.98(3)1,0005,000
Subsection 703.99(1)3,00015,000
Subsection 703.99(2)3,00015,000
Subsection 703.99(3)1,0005,000
Subsection 703.104(1)3,00015,000
Subsection 703.104(2)3,00015,000
Subsection 703.104(3)3,00015,000
Subsection 703.106(1)3,00015,000
Subsection 703.106(3)1,0005,000
Subsection 703.107(1)3,00015,000
Subsection 703.107(2)1,0005,000
SUBPART 4 — COMMUTER OPERATIONS
Section 704.025,00025,000
Subsection 704.12(1)3,00015,000
Subsection 704.12(2)3,00015,000
Section 704.133,00015,000
Subsection 704.14(1)3,00015,000
Section 704.155,00025,000
Section 704.163,00015,000
Subsection 704.17(1)3,00015,000
Subsection 704.17(2)3,00015,000
Subsection 704.17(3)1,0005,000
Section 704.185,00025,000
Subsection 704.19(1)3,00015,000
Subsection 704.19(2)3,00015,000
Section 704.205,00025,000
Subsection 704.21(1)3,00015,000
Subsection 704.21(2)3,00015,000
Section 704.221,0005,000
Section 704.235,00025,000
Section 704.253,00015,000
Subsection 704.26(1)3,00015,000
Section 704.283,00015,000
Section 704.293,00015,000
Subsection 704.30(1)3,00015,000
Subsection 704.30(2)3,00015,000
Subsection 704.32(1)5,00025,000
Subsection 704.32(2)5,00025,000
Subsection 704.32(3)1,0005,000
Subsection 704.33(1)1,0005,000
Subsection 704.33(3)3,00015,000
Subsection 704.33(4)5,00025,000
Subsection 704.33(5)1,0005,000
Subsection 704.34(1)1,0005,000
Subsection 704.34(2)1,0005,000
Subsection 704.34(3)3,00015,000
Subsection 704.34(4)3,00015,000
Section 704.353,00015,000
Subsection 704.46(1)5,00025,000
Subsection 704.47(1)5,00025,000
Section 704.485,00025,000
Subsection 704.49(1)5,00025,000
Subsection 704.50(1)5,00025,000
Subsection 704.62(1)3,00015,000
Subsection 704.62(3)3,00015,000
Subsection 704.63(1)5,00025,000
Subsection 704.63(2)3,00015,000
Section 704.643,00015,000
Section 704.655,00025,000
Subsection 704.66(1)5,00025,000
Section 704.673,00015,000
Section 704.683,00015,000
Section 704.833,00015,000
Section 704.841,0005,000
Section 704.1065,00025,000
Section 704.1073,00015,000
Subsection 704.108(1)5,00025,000
Subsection 704.108(3)3,00015,000
Subsection 704.108(4)3,00015,000
Subsection 704.108(5)5,00025,000
Subsection 704.109(1)5,00025,000
Subsection 704.109(2)3,00015,000
Subsection 704.115(1)3,00015,000
Subsection 704.115(3)1,0005,000
Subsection 704.117(1)5,00025,000
Subsection 704.117(2)3,00015,000
Subsection 704.117(3)1,0005,000
Subsection 704.120(1)5,00025,000
Subsection 704.120(2)3,00015,000
Subsection 704.120(3)3,00015,000
Subsection 704.122(1)3,00015,000
Subsection 704.122(3)1,0005,000
Subsection 704.123(3)1,0005,000
Subsection 704.124(1)5,00025,000
Subsection 704.124(2)1,0005,000
SUBPART 5 — AIRLINE OPERATIONS
Section 705.025,00025,000
Subsection 705.16(3)3,00015,000
Subsection 705.17(1)3,00015,000
Subsection 705.17(2)3,00015,000
Section 705.183,00015,000
Subsection 705.19(1)3,00015,000
Section 705.205,00025,000
Section 705.213,00015,000
Subsection 705.22(1)3,00015,000
Subsection 705.22(2)3,00015,000
Subsection 705.22(3)1,0005,000
Section 705.235,00025,000
Subsection 705.24(1)3,00015,000
Subsection 705.24(2)3,00015,000
Subsection 705.25(1)5,00025,000
Subsection 705.26(1)3,00015,000
Subsection 705.27(1)3,00015,000
Subsection 705.27(2)3,00015,000
Subsection 705.27(3)5,00025,000
Subsection 705.27(4)5,00025,000
Subsection 705.27(5)3,00015,000
Section 705.283,00015,000
Subsection 705.29(1)1,0005,000
Section 705.301,0005,000
Section 705.311,0005,000
Section 705.325,00025,000
Section 705.333,00015,000
Subsection 705.34(1)3,00015,000
Section 705.363,00015,000
Section 705.373,00015,000
Subsection 705.38(1)3,00015,000
Subsection 705.38(2)3,00015,000
Subsection 705.39(1)5,00025,000
Subsection 705.39(2)5,00025,000
Subsection 705.39(3)1,0005,000
Subsection 705.40(1)1,0005,000
Subsection 705.40(3)5,00025,000
Subsection 705.40(4)1,0005,000
Subsection 705.41(1)3,00015,000
Subsection 705.41(3)3,00015,000
Subsection 705.42(1)5,00025,000
Subsection 705.42(2)5,00025,000
Subsection 705.42(6)1,0005,000
Subsection 705.43(1)3,00015,000
Subsection 705.43(2)3,00015,000
Subsection 705.43(3)1,0005,000
Subsection 705.43(4)3,00015,000
Subsection 705.43(5)3,00015,000
Section 705.443,00015,000
Subsection 705.45(1)5,00025,000
Subsection 705.45(3)5,00025,000
Subsection 705.56(1)5,00025,000
Subsection 705.57(1)5,00025,000
Subsection 705.58(1)5,00025,000
Subsection 705.59(1)5,00025,000
Subsection 705.60(1)5,00025,000
Subsection 705.61(1)5,00025,000
Section 705.675,00025,000
Section 705.683,00015,000
Subsection 705.69(1)5,00025,000
Subsection 705.69(2)3,00015,000
Section 705.703,00015,000
Subsection 705.71(1)5,00025,000
Section 705.723,00015,000
Section 705.733,00015,000
Section 705.743,00015,000
Subsection 705.75(1)3,00015,000
Section 705.765,00025,000
Section 705.775,00025,000
Section 705.785,00025,000
Section 705.793,00015,000
Section 705.80(2)5,00025,000
Section 705.80(5)5,00025,000
Section 705.891,0005,000
Subsection 705.90(1)1,0005,000
Section 705.911,0005,000
Section 705.921,0005,000
Subsection 705.93(1)3,00015,000
Section 705.943,00015,000
Section 705.953,00015,000
Section 705.961,0005,000
Section 705.971,0005,000
Section 705.1033,00015,000
Subsection 705.104(1)3,00015,000
Subsection 705.104(2)3,00015,000
Section 705.1051,0005,000
Subsection 705.106(1)5,00025,000
Subsection 705.106(4)1,0005,000
Subsection 705.107(1)5,00025,000
Section 705.1085,00025,000
Subsection 705.109(1)5,00025,000
Subsection 705.110(1)5,00025,000
Subsection 705.110(2)1,0005,000
Section 705.1113,00015,000
Subsection 705.124(1)3,00015,000
Subsection 705.124(3)1,0005,000
Subsection 705.127(1)5,00025,000
Subsection 705.127(2)5,00025,000
Subsection 705.127(3)1,0005,000
Subsection 705.134(1)5,00025,000
Subsection 705.134(2)3,00015,000
Subsection 705.134(3)3,00015,000
Subsection 705.136(1)3,00015,000
Subsection 705.136(3)1,0005,000
Subsection 705.137(3)3,00015,000
Subsection 705.137(5)1,0005,000
Subsection 705.138(1)5,00025,000
Subsection 705.138(2)3,00015,000
Subsection 705.138(3)1,0005,000
Subsection 705.139(1)5,00025,000
Subsection 705.139(4)3,00015,000
Subsection 705.139(5)1,0005,000
SUBPART 6 — AIRCRAFT MAINTENANCE REQUIREMENTS FOR AIR OPERATORS
Section 706.025,00025,000
Subsection 706.03(1)5,00025,000
Section 706.045,00025,000
Section 706.055,00025,000
Subsection 706.06(1)5,00025,000
Subsection 706.07(1)5,00025,000
Subsection 706.07(2) [Repealed, SOR/2005-173, s. 6]
Subsection 706.08(1)5,00025,000
Subsection 706.08(3)5,00025,000
Subsection 706.08(4)5,00025,000
Subsection 706.08(5)5,00025,000
Subsection 706.08(6)3,00015,000
Subsection 706.08(7)1,0005,000
Subsection 706.09(1)5,00025,000
Subsection 706.09(2)3,00015,000
Subsection 706.09(4)3,00015,000
Section 706.103,00015,000
Section 706.113,00015,000
Section 706.123,00015,000
Subsection 706.13(1)3,00015,000
Subsection 706.13(2)1,0005,000
Section 706.143,00015,000
Section 706.153,00015,000
PART VIII — AIR NAVIGATION SERVICES
SUBPART 1 — AIR TRAFFIC SERVICES
Subsection 801.01(1)5,00025,000
Subsection 801.01(2)3,00015,000
Section 801.035,00025,000
Section 801.085,00025,000
Subsection 801.09(1)5,00025,000
Subsection 801.09(3)3,00015,000
SUBPART 2 — AERONAUTICAL TELECOMMUNICATIONS
Subsection 802.02(1)5,00025,000
Subsection 802.02(2)5,00025,000
Subsection 802.02(3)5,00025,000
Subsection 802.02(4)5,00025,000
SUBPART 3 — AERONAUTICAL INFORMATION SERVICES
Section 803.015,00025,000
Section 803.025,00025,000
SUBPART 4 — AVIATION WEATHER SERVICES
Section 804.015,00025,000
SUBPART 5 — SAFETY MANAGEMENT PROGRAM
Subsection 805.01(1)5,00025,000
Subsection 805.01(2)3,00015,000
SUBPART 6 — LEVELS OF SERVICE
Subsection 806.02(1)5,00025,000
Subsection 806.02(3)5,00025,000
SUBPART 7 — AVIATION OCCURRENCES
Section 807.015,00025,000
  • 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/2005-354, s. 1
  • SOR/2005-357, ss. 1, 2, 3(E)

SUBPART 4 — CHARGES

General

 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

 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

  •  (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

  •  (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

 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

 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 20 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

Transitional Provisions

  •  (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

Column IColumn II
ItemDocument or Preparatory Action in Respect of Which a Charge Is ImposedCharge ($)
1Issuance of a ministerial exemption under subsection 5.9(2) of the Aeronautics Actblank line475
2Replacement of a mutilated, lost or destroyed Canadian aviation document blank line35
3Issuance, in response to a request by industry, of an evaluation or authorization of industry training products blank line690
4Provision of a response to a request by the public for aircraft history blank line55
  • SOR/97-542, s. 1

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

Aircraft Registration

Column IColumn II
ItemDocument or Preparatory Action in Respect of Which a Charge Is ImposedCharge ($)
1Reservation of a registration mark blank line45
2Issuance or reservation of a special registration mark blank line140
3Issuance of a certificate of registration, in respect of
  • (a) a provisional or temporary registration blank line

65
  • (b) a continuing registration blank line

110
  • (c) an amendment to a certificate, other than a change of address blank line

65
  • SOR/97-542, s. 1

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

Aircraft Leasing

Column IColumn II
ItemDocument or Preparatory Action in Respect of Which a Charge Is ImposedCharge ($)
1Issuance 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)) blank line

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)) blank line

1,200
  • (c) a Canadian air operator that leases an aircraft that is registered in a foreign state (CAR 203.02(1)(c)) blank line

995
  • SOR/97-542, s. 1

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

Personnel Licensing and Training

Column IColumn II
ItemDocument or Preparatory Action in Respect of Which a Charge Is ImposedCharge ($)
1Conduct, by an employee of the Department of Transport, of the writing or rewriting of an examination for a flight crew licence blank line105
2Conduct, 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 blank line65
3Conduct of the writing or rewriting of a supplementary examination for a flight crew licence blank line35
4Conduct of the writing or rewriting of an examination for a flight crew permit, rating or endorsement, or for recency requirements blank line35
5Conduct, 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 blank line200
6Issuance of

(a) a private pilot licence — aeroplane or a private pilot licence — helicopter blank line

55

(b) a pilot licence — balloon or a pilot licence — glider blank line

55

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

55

(d) a pilot permit — recreational blank line

55
7Issuance of

(a) a commercial pilot licence blank line

80

(b) an airline transport pilot licence blank line

100
8Issuance of a flight engineer licence blank line80
9Issuance of an air traffic controller licence blank line75
10Conduct, 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 blank line50
11Conduct, 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 blank line100
12Issuance of an aircraft maintenance engineer licence blank line115
13Renewal of an aircraft maintenance engineer licence blank line40
14Issuance of a foreign licence validation certificate (CAR 401.07) blank line45
15Endorsement of a flight crew licence or permit with a rating, other than an endorsement referred to in item 5 blank line30
16Endorsement of an aircraft maintenance engineer licence with an additional rating blank line30
17Issuance of a temporary licence, permit or medical certificate at the request of the applicant or holder blank line40
18Issuance of an extension to the validity period of an instrument rating, a flight instructor rating or a medical certificate blank line50
19Issuance of an approved training organization certificate to an organization providing aircraft maintenance engineer training (CAR 403.08) blank line1000
20Approval 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 blank line

400

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

400
21Processing, 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 blank line55
22Conduct, by an employee of the Department of Transport, of a practical test (CAR 404.05) blank line200
23Issuance of a flight training unit operator certificate blank line600
24Reinstatement of a suspended flight training unit operator certificate or operations specification blank line75
25Approval of an amendment to a flight training unit operator certificate or to an operations specification blank line75
  • 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

ItemColumn IColumn II
Document or Preparatory Action in Respect of Which a Charge Is ImposedCharge ($)
1Issuance of a type certificate for aeronautical products that are the responsibility of the Department of Transport, in respect of
  • (a) transport category aeroplanes blank line

504,680
  • (b) transport category rotorcraft blank line

196,560
  • (c) very light aeroplanes blank line

91,730
  • (d) gliders and powered gliders blank line

16,350
  • (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders blank line

131,040
  • (f) rotorcraft other than transport category rotorcraft blank line

131,040
  • (g) manned free balloons blank line

17,365
  • (h) airships blank line

22,930
  • (i) engines — turbine blank line

347,255
  • (j) engines — reciprocating blank line

277,805
  • (k) propellers blank line

7,860
2Issuance of a type certificate following a Level 1 Airworthiness Review for aeronautical products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of
  • (a) transport category aeroplanes blank line

2,455
  • (b) transport category rotorcraft blank line

2,455
  • (c) very light aeroplanes blank line

2,455
  • (d) gliders and powered gliders blank line

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

2,455
  • (f) rotorcraft other than transport category rotorcraft blank line

2,455
  • (g) manned free balloons blank line

1,500
  • (h) airships blank line

1,500
  • (i) engines — turbine blank line

2,455
  • (j) engines — reciprocating blank line

2,455
  • (k) propellers blank line

750
3Issuance of a type certificate following a Level 2 Airworthiness Review for aeronautical products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of
  • (a) transport category aeroplanes blank line

185,160
  • (b) transport category rotorcraft blank line

144,000
  • (c) very light aeroplanes blank line

33,665
  • (d) gliders and powered gliders blank line

6,000
  • (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders blank line

90,000
  • (f) rotorcraft other than transport category rotorcraft blank line

90,000
  • (g) manned free balloons blank line

6,372
  • (h) airships blank line

8,416
  • (i) engines — turbine blank line

19,800
  • (j) engines — reciprocating blank line

15,840
  • (k) propellers blank line

4,500
4Issuance of a type certificate following a Level 3 Airworthiness Review for aeronautical products that are the responsibility of an airworthiness authority other than the Department of Transport, in respect of
  • (a) transport category aeroplanes blank line

231,450
  • (b) transport category rotorcraft blank line

180,000
  • (c) very light aeroplanes blank line

42,082
  • (d) gliders and powered gliders blank line

7,500
  • (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders blank line

112,500
  • (f) rotorcraft other than transport category rotorcraft blank line

112,500
  • (g) manned free balloons blank line

7,965
  • (h) airships blank line

10,520
  • (i) engines — turbine blank line

24,750
  • (j) engines — reciprocating blank line

19,800
  • (k) propellers blank line

4,500
5Reissuance of a type certificate to add derivative products that are the responsibility of the Department of Transport, in respect of
  • (a) transport category aeroplanes blank line

307,945
  • (b) transport category rotorcraft blank line

119,980
  • (c) very light aeroplanes blank line

55,990
  • (d) gliders and powered gliders blank line

9,980
  • (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders blank line

79,985
  • (f) rotorcraft other than transport category rotorcraft blank line

79,985
  • (g) manned free balloons blank line

10,600
  • (h) airships blank line

13,995
  • (i) engines — turbine blank line

42,590
  • (j) engines — reciprocating blank line

34,070
  • (k) propellers blank line

4,800
6Reissuance of a type certificate following a Level 1 Airworthiness Review 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 blank line

2,455
  • (b) transport category rotorcraft blank line

2,455
  • (c) very light aeroplanes blank line

2,455
  • (d) gliders and powered gliders blank line

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

2,455
  • (f) rotorcraft other than transport category rotorcraft blank line

2,455
  • (g) manned free balloons blank line

1,500
  • (h) airships blank line

1,500
  • (i) engines — turbine blank line

2,455
  • (j) engines — reciprocating blank line

2,455
  • (k) propellers blank line

750
7Reissuance of a type certificate following a Level 2 Airworthiness Review 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 blank line

113,020
  • (b) transport category rotorcraft blank line

87,896
  • (c) very light aeroplanes blank line

20,549
  • (d) gliders and powered gliders blank line

3,662
  • (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders blank line

54,935
  • (f) rotorcraft other than transport category rotorcraft blank line

54,935
  • (g) manned free balloons blank line

3,890
  • (h) airships blank line

5,137
  • (i) engines — turbine blank line

12,086
  • (j) engines — reciprocating blank line

9,669
  • (k) propellers blank line

4,500
8Reissuance of a type certificate following a Level 3 Airworthiness Review 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 blank line

141,275
  • (b) transport category rotorcraft blank line

109,870
  • (c) very light aeroplanes blank line

25,686
  • (d) gliders and powered gliders blank line

4,578
  • (e) aeroplanes other than transport category aeroplanes, very light aeroplanes, gliders and powered gliders blank line

68,669
  • (f) rotorcraft other than transport category rotorcraft blank line

68,669
  • (g) manned free balloons blank line

4,862
  • (h) airships blank line

6,422
  • (i) engines — turbine blank line

15,107
  • (j) engines — reciprocating blank line

12,086
  • (k) propellers blank line

4,500
9Issuance of an appliance type certificate blank line700
10Reissuance of an appliance type certificate blank line200
11Issuance of the following supplemental approval certificates to record a modification or repair for which the design was approved by an employee of the Department of Transport:
  • (a) a supplemental type certificate blank line

1,900
  • (b) a limited supplemental type certificate (single product serial number) blank line

470
  • (c) a limited supplemental type certificate (several product serial numbers) blank line

600
  • (d) a repair design certificate blank line

470
  • (e) a repair design certificate (process repair) blank line

600
12Issuance of the following supplemental approval certificates to record a modification or repair for which the design was approved by a delegate of the Department of Transport:
  • (a) a limited supplemental type certificate (single product serial number) blank line

220
  • (b) a limited supplemental type certificate (several product serial numbers) blank line

220
  • (c) a repair design certificate blank line

220
13Reissuance of the following supplemental type certificates associated with a modification or repair for which the design was initially approved by an employee of the Department of Transport:
  • (a) a supplemental type certificate blank line

200
  • (b) a limited supplemental type certificate blank line

200
  • (c) a repair design certificate blank line

200
14Reissuance of the following supplemental type certificates associated with a modification or repair for which the design was initially approved by a delegate of the Department of Transport:
  • (a) a limited supplemental type certificate blank line

180
  • (b) a repair design certificate blank line

180
  • SOR/97-542, s. 1

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

Maintenance and Manufacturing

Column IColumn II
ItemDocument or Preparatory Action in Respect of Which a Charge Is ImposedCharge ($)
1Issuance 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 blank line

180
  • (b) a certificate of airworthiness for an aircraft not in the transport category, other than a certificate issued on importation of the aircraft blank line

125
  • (c) a certificate of airworthiness for an aircraft in the transport category, issued on importation of the aircraft blank line

1,260
  • (d) a certificate of airworthiness for an aircraft not in the transport category, issued on importation of the aircraft blank line

590
2Issuance of a special certificate of airworthiness blank line250
3Reinstatement of a suspended certificate of airworthiness blank line410
4Issuance of a flight permit in the following classifications:
  • (a) experimental blank line

285
  • (b) specific-purpose blank line

45
5Validation of a flight authority, in respect of
  • (a) a foreign aircraft, other than a foreign amateur-built aircraft, operating in Canada blank line

100
  • (b) a foreign amateur-built aircraft operating in Canada blank line

25
6Approval of an amendment to the operations specifications set out in the flight authority in respect of an amateur-built aircraft blank line35
7Issuance of an export airworthiness certificate by an employee of the Department of Transport, in respect of
  • (a) transport category aeroplanes and transport category rotorcraft blank line

2,500
  • (b) very light aeroplanes, airships and aeroplanes and rotorcraft other than transport category aeroplanes and transport category rotorcraft blank line

400
  • (c) gliders, powered gliders and manned free balloons blank line

200
8Issuance 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 blank line

300
  • (b) more than three but fewer than 11 employees blank line

1,200
  • (c) more than 10 but fewer than 51 employees blank line

4,920
  • (d) 51 or more employees blank line

6,090
9Reinstatement 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 blank line

150
  • (b) more than three but fewer than 11 employees blank line

600
  • (c) more than 10 but fewer than 51 employees blank line

2,460
  • (d) 51 or more employees blank line

3,000
10Approval of an aircraft maintenance schedule, in respect of
  • (a) a large aircraft, a turbine- powered pressurized aircraft, a turbine-powered helicopter or an airship blank line

1,400
  • (b) any other aircraft blank line

180
11Approval 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 blank line100
12Issuance of a restricted certification authority blank line250
13Issuance of a letter of initial acceptance to European Joint Aviation Requirements (JAR-145) maintenance organizations blank line1,200
14Issuance of a letter of renewal to European Joint Aviation Requirements (JAR-145) maintenance organizations blank line800
15Inspection, by an employee of the Department of Transport, of an amateur-built aircraft during construction blank line230
  • SOR/97-542, s. 1

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

Air Operations

Column IColumn II
ItemDocument or Preparatory Action in Respect of Which a Charge Is ImposedCharge ($)
Special Flight Operations
1Issuance of a special flight operations certificate, in respect of
  • (a) a special aviation event with 10,000 or fewer spectators blank line

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

100
  • (c) a special aviation event with more than 50,000 spectators blank line

200
  • (d) balloon operations with fare-paying passengers blank line

475
2Issuance of a statement of aerobatic competency (Standard 623.06) blank line125
Private Operators
3 to 7[Repealed, SOR/2005-341, s. 2]
Commercial Air Services
8Issuance of an air operator certificate, in respect of
  • (a) aerial work (CAR 702) blank line

2,500
  • (b) air taxi operations — VFR (CAR 703) blank line

2,700
  • (c) air taxi operations — IFR (CAR 703) blank line

4,700
  • (d) commuter operations (CAR 704) blank line

8,000
  • (e) airline operations — turbine-powered aircraft having 50 or more passenger seats (CAR 705) blank line

30,000
  • (f) other airline operations (CAR 705) blank line

20,000
9Issuance of a Canadian foreign air operator certificate (CAR 701) blank line500
10Issuance 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 blank line

450
  • (b) the introduction of a new aircraft type — aerial work blank line

500
  • (c) an air operator certificate — air taxi operations — VFR blank line

450
  • (d) the introduction of a new aircraft type — air taxi operations — VFR blank line

525
  • (e) an air operator certificate — air taxi operations — IFR blank line

450
  • (f) the introduction of a new aircraft type — air taxi operations — IFR blank line

525
  • (g) an air operator certificate — commuter operations blank line

775
  • (h) the introduction of a new aircraft type — commuter operations blank line

900
  • (i) an air operator certificate or operations specifications — airline operations — turbine-powered aircraft having 50 or more passenger seats blank line

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

1,000
  • (k) the introduction of a new aircraft type — airline operations — turbine-powered aircraft having 50 or more passenger seats blank line

20,000
  • (l) the introduction of a new aircraft type — other airline operations blank line

12,000
11Issuance of an amendment to a Canadian foreign air operator certificate blank line100
12Issuance of an amendment to the operations specifications in a Canadian foreign air operator certificate, other than to remove an authority blank line125
13Reinstatement 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 blank line

450
  • (b) air taxi operations — VFR blank line

450
  • (c) air taxi operations — IFR blank line

450
  • (d) commuter operations blank line

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

800
  • (f) other airline operations blank line

800
14Issuance of an amendment to an air operator certificate or a Canadian foreign air operator certificate or to operations specifications to remove an authority blank line50
15Reinstatement of a Canadian foreign air operator certificate or of operations specifications, other than in the case of a voluntary surrender of the certificate blank line75
16Issuance of a ministerial authorization under Part VII, other than under section 701.10 blank line325
17Reinstatement of an air operator certificate or Canadian foreign air operator certificate that was voluntarily surrendered blank line50
18Printing of a copy of an air operator certificate for a non-holder of the certificate blank line50
  • SOR/97-542, s. 1
  • SOR/2004-29, s. 1
  • SOR/2005-341, s. 2

SUBPART 5 — AERIAL SIGHTSEEING FLIGHTS

  •  (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

 This Subpart applies in respect of the following certificates:

  • (a) a flight training unit operator certificate issued under section 406.11;

  • (b) an approved maintenance organization (AMO) certificate issued under section 573.02; and

  • (c) an air operator certificate issued under section 702.07, 703.07, 704.07 or 705.07.

  • SOR/2005-173, s. 8

Appointment and Acceptance

  •  (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

 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

 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

SUBPART 7 – SAFETY MANAGEMENT SYSTEM REQUIREMENTS

Application

 This Subpart 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.

  • SOR/2005-173, s. 8

Establishing a Safety Management System

 The applicant for, or the holder of, a certificate referred to in section 107.01 shall establish, maintain and adhere to a safety management system.

  • SOR/2005-173, s. 8

Safety Management System

 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 process for conducting periodic reviews or audits of the safety management system and reviews or audits for cause of the safety management system; and

  • (h) any additional requirements for the safety management system that are prescribed under these Regulations.

  • SOR/2005-173, s. 8

Size

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

  • SOR/2005-173, s. 8

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

 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

 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

  •  (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, when notified by the Minister that an agreement in accordance with Article 83 bis of the Convention has been entered into, within seven days after the coming-into-force date of the agreement.

  • SOR/2005-354, s. 2

Reinstatement of the Certificate of Airworthiness

 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

 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

 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

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

  • SOR/2005-354, s. 2

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

Interpretation

 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 or subsection 201.09(2), 201.10(2) or 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)

Application

  •  (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

  •  (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

 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

  •  (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

  •  (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, Balloon Baskets and Burner Assemblies

  •  (1) No person shall operate an aircraft in flight unless each engine, propeller, life-limited component, appliance, balloon basket or burner assembly is identified in accordance with sections 201.06 to 201.11.

  • (2) The identification information required pursuant to 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 thereto.

Engine Identification

  •  (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

  •  (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

 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

  •  (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 Identification

  •  (1) The manufacturer of an appliance for which there is an airworthiness standard in the Airworthiness Manual 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 an appliance is

    • (a) the name, address and approval number of the manufacturer and, if the manufacturer is an entity, its legal name;

    • (b) the name, type, part number or model designation of the appliance;

    • (c) the serial number or the date of manufacture of the appliance; and

    • (d) the type certificate designation or the applicable airworthiness standard.

  • SOR/2000-405, s. 5

Balloon Basket and Burner Assembly Identification

  •  (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

  •  (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 where the removal, replacement or alteration is made necessary by a modification 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 identification information pursuant to subsection (2) shall, before the aeronautical product is used in flight, do so in accordance with sections 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.

SUBPART 2 — AIRCRAFT MARKING AND REGISTRATION

DIVISION I — AIRCRAFT MARKS

Requirements for Marks on Aircraft
  •  (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
  •  (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
  •  (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
  •  (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
  •  (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
  •  (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
  •  (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
  •  (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
  •  (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
  •  (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

 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
  •  (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

 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

 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
  •  (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

 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

 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
  •  (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
  •  (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
  •  (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]
  •  (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

 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
  •  (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
  •  (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
  •  (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

 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

 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
  •  (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
  •  (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
  •  (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

 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

 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

 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

 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

 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
  •  (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

 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

 In this Subpart,

Canadian air operator

Canadian air operator includes the holder of a flight training unit operator certificate issued under Subpart 6 of Part IV and the holder of a private operator certificate issued under Subpart 4 of Part VI; (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 certificate. (certificat d’exploitation)

  • SOR/97-120, s. 1
  • SOR/2000-405, s. 17

Application

  •  (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

  •  (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

  •  (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

 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

  •  (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

  •  (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

 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

 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 and Airports

Interpretation

 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 means a surface that establishes the limit to which objects may project into the airspace associated with an aerodrome, in order that aircraft operations for which the aerodrome is intended may be conducted safely, and includes a transitional surface, a take-off surface, an approach surface and an outer surface; (surface de limitation d’obstacles)

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

SUBPART 1 — AERODROMES

Application

 This Subpart applies in respect of all aerodromes except airports and military aerodromes.

Inspection

 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

  •  (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

  •  (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

 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

  •  (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

  •  (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

 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

  •  (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

Diagram of closed runway and taxiway markings with measurements indicated by arrows.

SCHEDULE II(Subsection 301.07(11))

Intensity Settings for Lighting Systems Activated by Radio Control From Aircraft

Visual Aid SystemNumber Of Intensity SettingsSelected Level Of Intensity

(percentage of rated output of fixture)

Systems Providing 3 Selections

(type K)

Single Selection Systems

(type J)

3 Clicks5 Clicks7 Clicks
Medium Intensity Approach Lighting:

- Fixed Lights

34%20%100%note 1

- Capacitor Discharge Lights

3OFFOFF or 10%100%note 1
Omni Directional Approach Lighting Systems (ODALS)36%30%100%30%
Low Intensity Approach Lighting1100%100%100%100%
Runway Edge, Threshold And End Lighting:

- Medium Intensity

310%30%100%note 2

- Low Intensity

1100%100%100%100%
Runway Identification Lights (RILS)3OFFOFF or 30%100%note 3
1OFFOFF or 100%100%
Wind Direction Indicator1100%100%100%100%
Aerodrome Beacon1100%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

Application

  •  (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; or

    • (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.

  • (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.

Application for Airport Certificate

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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

  •  (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; and

    • (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.

  • (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.

Airport Operations Manual

  •  (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; and

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

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

Warning Notices

 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

 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

  •  (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.

SUBPART 3 — AIRCRAFT RESCUE AND FIRE FIGHTING AT AIRPORTS AND AERODROMES
    [SOR/2003-58, s. 2]

DIVISION I — GENERAL

Interpretation

 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 means an airport set out in the schedule to this Subpart; (aéroport désigné)

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
Application
  •  (1) This Subpart, except subsections 303.03(2) and 303.04(4), applies in respect of a designated airport.

  • (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
General Requirements
  •  (1) The operator of a designated airport shall provide the aircraft fire-fighting vehicles and the personnel required pursuant to this Subpart to respond to an aircraft emergency at the airport.

  • (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
Hours of Operation of an Aircraft Fire-fighting Service
  •  (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 hours are published in the Canada Flight Supplement and in a NOTAM, where 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
Aircraft Category for Fire Fighting
  •  (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

    Column IColumn IIColumn III
    ItemAircraft Category for Fire FightingAircraft Overall LengthAircraft Maximum Fuselage Width
    11less than 9 m2 m
    22at least 9 m but less than 12 m2 m
    33at least 12 m but less than 18 m3 m
    44at least 18 m but less than 24 m4 m
    55at least 24 m but less than 28 m4 m
    66at least 28 m but less than 39 m5 m
    77at least 39 m but less than 49 m5 m
    88at least 49 m but less than 61 m7 m
    99at least 61 m but less than 76 m7 m
    1010at least 76 m8 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
Aircraft Movement Statistics
  •  (1) 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.

  • (2) The operator of a designated airport shall review, at least once every six months, 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.

  • (3) 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.

  • (4) The operator of a designated airport shall

    • (a) retain the monthly statistics for five years after the date of the review; and

    • (b) at the request of the Minister, provide the monthly statistics to the Minister.

  • SOR/97-518, s. 2
Critical Category for Fire Fighting
  •  (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 pursuant to subsection 303.06(2) or (3), 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

DIVISION II — EXTINGUISHING AGENTS AND AIRCRAFT FIRE-FIGHTING VEHICLES

Extinguishing Agents and Equipment

 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

 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

Column IColumn IIColumn IIIColumn IVColumn V
ItemCritical Category for Fire FightingQuantity of Water (in litres)Quantity of Complementary Extinguishing Agents (in kilograms)Minimum Number of Aircraft Fire-fighting VehiclesTotal Discharge Capacity (in litres per minute)
11230451230
22670901550
331 2001351900
442 40013511 800
555 40018013 000
667 90022524 000
7712 10022525 300
8818 20045037 200
9924 30045039 000
101032 300450311 200
  • SOR/97-518, s. 2
Temporary Exemption
  •  (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
  •  (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

 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

 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

 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

 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
  •  (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

 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
  •  (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

 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
  •  (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(Section 303.01)

ItemAirports Required to Provide an Aircraft Fire-fighting ServiceFootnote for *
 
1Calgary International
2Charlottetown
3Edmonton International
4Fredericton
5Gander International
6Halifax International
7Kelowna
8London
9Moncton
10Montréal/Pierre Elliott Trudeau International
11Montreal International (Mirabel)
12Ottawa/Macdonald-Cartier International
13Prince George
14Quebec/Jean Lesage International
15Regina
16Saint John
17St. John’s (Torbay)
18Saskatoon/John G. Diefenbaker
19Sault Ste. Marie
20Sudbury
21Thunder Bay
22Toronto/Lester B. Pearson International
23Toronto City Centre
24Vancouver International
25Victoria International
26Windsor
27Winnipeg International
28Yellowknife
  • Return to footnote *The airport names are taken from the aeronautical information publication of the Department of Transport entitled the Canada Flight Supplement.

  • SOR/97-518, s. 2
  • SOR/2000-134, s. 1(F)
  • SOR/2004-29, s. 2

SUBPART 4 – [RESERVED]

SUBPART 5 – [RESERVED]

SUBPART 6 – [RESERVED]

SUBPART 7 – [RESERVED]

SUBPART 8 – AIRCRAFT EMERGENCY INTERVENTION AT AIRPORTS

DIVISION I – GENERAL

Interpretation

 In this Subpart,

aircraft emergency intervention

aircraft emergency intervention means an intervention that may increase the survivability of persons on board an aircraft in the event of an aircraft emergency; (intervention pour aéronefs en état d’urgence)

aircraft emergency intervention standards

aircraft emergency intervention standards means the Aerodrome and Airport Standards respecting Aircraft Emergency Intervention at Airports published under the authority of the Minister; (normes d’intervention pour aéronefs en état d’urgence)

firefighter

firefighter means a member of a community fire-fighting service in respect of which an agreement referred to in paragraph 308.04(b) has been signed; (pompier)

intervenor

intervenor means a person trained as an intervenor and assigned to aircraft emergency intervention duties, but does not include a member of a community fire-fighting service; (intervenant)

non-designated airport

non-designated airport means a land airport that is not a designated airport or participating airport within the meaning of section 303.01. (aéroport non désigné)

  • SOR/2002-226, s. 3
Application

 This Subpart applies in respect of a non-designated airport at which there are movements by aircraft

  • (a) in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers;

  • (b) that are operated in an air transport service under Subpart 1 or 5 of Part VII; and

  • (c) whose schedule of movements is available to the operator of the airport at least 30 days in advance.

  • SOR/2002-226, s. 3
Aircraft Movement Statistics

 The operator of a non-designated airport shall

  • (a) compile monthly statistics setting out the total number of movements at the airport by aircraft referred to in section 308.02;

  • (b) review, at least once every six months, the statistics for the 12 months preceding the date of the review and determine in accordance with section 308.04 whether aircraft emergency intervention is required at the airport;

  • (c) retain the statistics for five years after the date of the review; and

  • (d) at the request of the Minister, provide the statistics to the Minister.

  • SOR/2002-226, s. 3
Requirement to Provide Aircraft Emergency Intervention

 When the monthly statistics show that there were 2,800 or more movements at a non-designated airport by aircraft referred to in section 308.02 during the 12 preceding months, the operator of the airport shall ensure that aircraft emergency intervention is provided at the airport by means of

  • (a) one or more intervenors at the airport; or

  • (b) firefighters, if an agreement between the operator of the airport and an appropriate municipal or provincial authority requiring a community fire-fighting service to respond to an aircraft emergency at that airport has been signed.

  • SOR/2002-226, s. 3
Hours of Provision of Aircraft Emergency Intervention
  •  (1) Subject to subsection (2), the operator of a non-designated airport shall, at the beginning of each month and after consultation with the operator of each air transport service that uses the airport, establish the hours during which aircraft emergency intervention is provided for the month and ensure that the hours coincide with the times of the movements at the airport by aircraft referred to in section 308.02.

  • (2) Subsection (1) does not apply in respect of a movement by aircraft using a non-designated airport

    • (a) for the purpose of a positioning flight;

    • (b) for the purpose of a ferry flight;

    • (c) for the purpose of a cargo-only operation;

    • (d) for the diversion of a flight; or

    • (e) as an alternate aerodrome.

  • SOR/2002-226, s. 3
Requirements
  •  (1) Where aircraft emergency intervention is provided at a non-designated airport by intervenors, the operator of the airport shall ensure that

    • (a) an intervenor is at the airport during the hours established under section 308.05 for the provision of aircraft emergency intervention;

    • (b) the extinguishing agents and equipment prescribed in section 308.12 are serviceable and readily available at the airport for use in responding to an alarm; and

    • (c) an intervenor is able to achieve a response time of five minutes from the time the alarm is sounded to the time the intervenor reaches the midpoint of the farthest runway with the extinguishing agents and equipment prescribed in section 308.12.

  • (2) Where aircraft emergency intervention is provided at a non-designated airport by a community fire-fighting service, the operator of the airport shall ensure that

    • (a) a person is at the airport to alert the firefighters if an alarm is sounded during the hours established under section 308.05 for the provision of aircraft emergency intervention; and

    • (b) the community fire-fighting service

      • (i) has the extinguishing agents and equipment prescribed in section 308.12 serviceable and readily available for use in responding to an alarm, and

      • (ii) is able to achieve a response time of five minutes from the time the alarm is sounded to the time the firefighters reach the midpoint of the farthest runway with the extinguishing agents and equipment prescribed in section 308.12.

  • (3) The operator of a non-designated airport shall ensure that the intervenors and firefighters have the communication and alerting system that meets the requirements of section 308.14.

  • SOR/2002-226, s. 3
Publication of Aircraft Emergency Intervention Information

 The operator of a non-designated airport shall ensure that the following information is published in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier:

  • (a) the fact that aircraft emergency intervention is provided at the airport;

  • (b) the manner in which notice is to be given to the operator of the airport of the schedule of movements by aircraft under section 308.02;

  • (c) the fact that the operator of the airport may, on request, accept to provide aircraft emergency intervention at that airport in respect of movements by aircraft not referred to in section 308.02 and movements by aircraft outside of the hours established under section 308.05 for the provision of aircraft emergency intervention; and

  • (d) the manner in which the request referred to in paragraph (c) is to be made.

  • SOR/2002-226, s. 3
Contents of the Airport Operation Manual

 The operator of a non-designated airport shall include in the airport operations manual

  • (a) a detailed description of the aircraft emergency intervention provided at the airport; and

  • (b) if an agreement referred to in paragraph 308.04(b) has been signed, a copy of the agreement.

  • SOR/2002-226, s. 3
Temporary Exemption
  •  (1) The operator of a non-designated airport does not have to meet the requirements of section 308.06 if those requirements cannot be met because

    • (a) a personnel shortage or unserviceable equipment at the airport or at the site of the community fire-fighting service caused by circumstances beyond the control of the operator of the airport exists and a notification of the condition has been given to the appropriate air traffic control unit or flight service station for publication in a NOTAM; or

    • (b) the intervenors or the firefighters are already responding to an emergency.

  • (2) When a condition described in paragraph (1)(a) continues for seven days or more, the operator of a non-designated airport shall, no later than on the seventh day after the onset of the condition,

    • (a) establish a plan specifying the corrective measures that are necessary to meet the requirements of section 308.06 and the dates by which those measures shall be taken, which dates shall be as early as practicable given the circumstances;

    • (b) submit the plan to the Minister who shall approve it on determining that the plan contains all measures necessary to ensure aviation safety and the safety of the public; and

    • (c) implement the measures by the dates specified in the plan.

  • SOR/2002-226, s. 3
Authorization Respecting Aircraft Emergency Intervention
  •  (1) The Minister may, on application by the operator of a non-designated airport, authorize the operator, in writing, not to provide aircraft emergency intervention at the airport, if that operator demonstrates that the requirement for aircraft emergency intervention is the result of an unusually high number of movements at the airport by aircraft referred to in section 308.02 and that the number of movements by these aircraft during the next year is expected to be less than that set out in section 308.04.

  • (2) If a written authorization has been issued under subsection (1), the operator of the non-designated airport shall ensure that

    • (a) notification that aircraft emergency intervention is not provided and the period during which it is not provided is given to the appropriate air traffic control unit or flight service station for publication in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier;

    • (b) procedures are established for the resumption of aircraft emergency intervention if the reduction in the number of movements by aircraft referred to in section 308.02 at the airport is temporary; and

    • (c) the procedures for discontinuing the aircraft emergency intervention and the procedures referred to in paragraph (b) are set out in the airport operations manual.

  • SOR/2002-226, s. 3

[308.11 reserved]

DIVISION II – EXTINGUISHING AGENTS AND EQUIPMENT FOR AIRCRAFT EMERGENCY INTERVENTION

Extinguishing Agents and Equipment

 The operator of a non-designated airport shall ensure that the intervenors or the firefighters have the following extinguishing agents and equipment, which shall meet the requirements of section 328.12 of the aircraft emergency intervention standards:

  • (a) 2,400 litres of water for foam production;

  • (b) 135 kg of dry chemical extinguishing agent; and

  • (c) one vehicle capable of transporting and applying the water, foam and dry chemical extinguishing agents.

  • SOR/2002-226, s. 3
Equipment and Protective Clothing

 The operator of a non-designated airport shall ensure that all intervenors are provided with the equipment and protective clothing necessary to perform their duties.

  • SOR/2002-226, s. 3
Communication and Alerting System

 The operator of a non-designated airport shall ensure that the communication and alerting system required by subsection 308.06(3) consists of

  • (a) a communication system allowing the following to communicate with each other

    • (i) the air traffic control unit at the airport,

    • (ii) the aircraft emergency intervention vehicles used at the airport, and

    • (iii) any agencies and services identified in the airport emergency plan; and

  • (b) an alerting system that is capable of alerting the intervenors or the firefighters.

  • SOR/2002-226, s. 3

DIVISION III – PERSONNEL REQUIREMENTS

Training of Personnel

 The operator of a non-designated airport shall ensure that no person is assigned to aircraft emergency intervention who is not an intervenor or a firefighter having successfully completed the training set out in section 328.15 of the aircraft emergency intervention standards.

  • SOR/2002-226, s. 3
Training Records

 The operator of a non-designated airport shall,

  • (a) where aircraft emergency intervention is provided by intervenors, in respect of each intervenor,

    • (i) establish and maintain a training record in accordance with section 328.15 of the aircraft emergency intervention standards,

    • (ii) preserve the training record for three years after the day on which the intervenor ceases to be employed as intervenor at the airport, and

    • (iii) at the request of the Minister, provide the Minister with a copy of the training record; or

  • (b) where an agreement referred to in paragraph 308.04(b) has been signed, ensure that a training record

    • (i) is established and maintained in accordance with section 328.15 of the aircraft emergency intervention standards in respect of each firefighter, and

    • (ii) is preserved for three years after the day on which the firefighter ceases to be employed as firefighter at the community fire-fighting service.

  • SOR/2002-226, s. 3
Transitional Provisions

 The operator of a non-designated airport shall meet the requirements of

  • (a) paragraph 308.03(b), effective on the day that is one year after this Subpart comes into force; and

  • (b) sections 308.04 to 308.16, effective on the day that is two years after this Subpart comes into force.

  • SOR/2002-226, s. 3

Part IV — Personnel Licensing and Training

DIVISION I — GENERAL

Interpretation

  •  (1) In this Part,

    aerobatic manoeuvre

    aerobatic manoeuvre[Repealed, SOR/2001-49, s. 1]

    aeroplane

    aeroplane does not include an ultra-light aeroplane; (avion)

    balloon

    balloon includes any lighter-than-air aircraft; (ballon)

    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)

    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 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)

    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 means

    • (a) instrument ground time,

    • (b) actual instrument flight time, or

    • (c) simulated instrument flight time; (temps aux instruments)

    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, in respect of a flight, means the exercise of authority over the initiation, continuation, diversion or termination 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)

    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)

    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

DIVISION II — EXAMINATIONS

Examination Rules

  •  (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

  •  (1) Subject to subsection (3), tests, skill letters and 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; or

      • (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.

  • (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

Rewriting of Examinations

  •  (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

  •  (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 — EXTENSIONS

Extension of Validity Period

 The Minister shall grant an extension of the validity period of an instrument rating, a flight instructor rating or a medical certificate if the holder of the rating or medical certificate meets the requirements set out in the Personnel Licensing and Training Standards respecting Flight Crew Permits, Licences and Ratings.

  • SOR/98-530, s. 1
  • SOR/2002-60, s. 1

DIVISION V — CHANGE OF INFORMATION

Change of Address

 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

 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.

Application

 This Subpart applies to

  • (a) persons who hold or apply for the issuance or renewal of any of the flight crew permits, licences and ratings referred to in this Subpart, namely,

    • (i) student pilot permits,

    • (ii) pilot permits,

    • (iii) pilot licences,

    • (iv) private pilot licences,

    • (v) commercial pilot licences,

    • (vi) airline transport pilot licences,

    • (vii) flight engineer licences,

    • (viii) aeroplane class ratings,

    • (ix) aircraft type ratings,

    • (x) night ratings,

    • (xi) VFR OTT ratings,

    • (xii) instrument ratings,

    • (xiii) second officer ratings,

    • (xiv) flight instructor ratings; and

    • (xv) passenger-carrying ratings; and

  • (b) persons who apply for the validation of a foreign flight crew licence pursuant to subsection 401.07(1).

  • SOR/2005-319, s. 1
Requirement to Hold a Flight Crew Permit, Licence or Rating or a Foreign Licence Validation Certificate
    [SOR/2003-129, s. 3]
  •  (1) No person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating or a foreign licence validation certificate unless

    • (a) subject to subsection (2) and sections 401.19 to 401.27, the person is the holder of, and can produce while so acting and while exercising those privileges, the appropriate permit, licence or rating and a valid and appropriate medical certificate;

    • (b) the person is the holder of, and can produce while so acting and while exercising those privileges, an appropriate foreign licence validation certificate; and

    • (c) all documents have been signed by the document holder.

  • (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 other than the person referred to in paragraph 401.15(1)(a) is carried on board the aircraft.

  • SOR/2003-129, s. 4
  • SOR/2005-320, s. 3
Flight Crew Members of Aircraft Registered in Contracting States Other Than Canada

 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
  •  (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 standards;

    • (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 pilot proficiency check whose validity period has not expired and which included the instrument procedures portion of

      • (i) Schedule I to Standard 624 — Private Operator Passenger Transportation of the General Operating and Flight Rules Standards, 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
Issuance and Endorsement of Flight Crew Permits, Licences and Ratings
  •  (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; 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,

      • (iv) experience, and

      • (v) skill.

  • (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.

  • SOR/2003-129, s. 6
Validation of Foreign Licences
  •  (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 is not a permanent resident of 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.

  • (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
Personal Logs
  •  (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

 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.

Crediting of Flight Time Acquired by a Co-pilot

 The Minister shall, in accordance with the personnel licensing standards, credit the flight time acquired by a co-pilot towards the issuance of a higher class of pilot licence.

  • SOR/98-530, s. 2
Airline Transport Licence — Training Program and Recording of Time
  •  (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

[401.12 reserved]

DIVISION II — TESTING

Examination Prerequisites
  •  (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

 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; and

  • (d) experience.

Conduct of a Flight Test
  •  (1) 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 is qualified in accordance with the personnel licensing standards, or is designated by the Minister, to conduct the flight test;

    • (b) the flight test is conducted in accordance with the personnel licensing standards and the flight test standard that are appropriate to the permit, licence or endorsement being sought; and

    • (c) the aircraft used for the flight test meets the same requirements as those applicable to a training aircraft under section 425.23 of the personnel licensing standards.

  • (2) The Minister shall maintain a record, in accordance with the personnel licensing standards, of each flight test required for the issuance or renewal of a flight crew permit or licence for an ultralight aeroplane, aeroplane or helicopter or the endorsement of such a permit or licence with a rating.

  • SOR/2001-49, s. 9
  • SOR/2005-319, s. 2
Failure of a Flight Test

 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
  •  (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
  •  (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

 The holder of a student pilot permit may, for the sole purpose of the holder’s flight training or flight test, act as pilot-in-command of any aircraft of the category to which the permit relates, where

  • (a) the flight is conducted in Canada under day VFR;

  • (b) in the case of flight training,

    • (i) it is conducted under the direction and supervision of the holder of a flight instructor rating for that category of aircraft, and

    • (ii) no passenger is carried on board; and

  • (c) in the case of a flight test,

    • (i) it is conducted in accordance with section 401.15, and

    • (ii) no passenger other than the person referred to in paragraph 401.15(1)(a) is carried on board.

DIVISION IV — PILOT PERMITS

Gyroplanes — Privileges

 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 standards, 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 other than the person referred to in paragraph 401.15(1)(a) is carried on board.

  • SOR/2001-49, s. 10
Ultra-light Aeroplanes — Privileges

 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 standards, 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 other than the person referred to in paragraph 401.15(1)(a) is carried on board.

  • SOR/2001-49, s. 11
  • SOR/2005-319, s. 3
Recreational — Aeroplanes — Privileges

 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 standards, 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 other than the person referred to in paragraph 401.15(1)(a) is carried on board.

  • SOR/2001-49, s. 12
Recreational — Helicopters — Privileges

 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 standards, 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 other than the person referred to in paragraph 401.15(1)(a) is carried on board.

  • SOR/2001-49, s. 13

DIVISION V — PILOT LICENCE

Gliders — Privileges

 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 standards, 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 other than the person referred to in paragraph 401.15(1)(a) is carried on board.

  • SOR/2001-49, s. 14
Balloons — Privileges

 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 standards, 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 other than the person referred to in paragraph 401.15(1)(a) 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

DIVISION VI — PRIVATE PILOT LICENCE

Aeroplanes — Privileges

 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 standards, 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 other than the person referred to in paragraph 401.15(1)(a) is carried on board.

  • SOR/2001-49, s. 16
Helicopters — Privileges

 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 standards, 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 other than the person referred to in paragraph 401.15(1)(a) is carried on board.

  • SOR/2001-49, s. 17
Aeroplanes and Helicopters — Reimbursement of Costs Incurred in respect of a Flight
[SOR/2005-320, s. 4(F)]
  •  (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
  •  (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; and

    • (d) if qualified as a flight instructor in accordance with section 425.21 of the personnel licensing standards, conduct flight instruction.

  • (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.

  • SOR/2001-49, s. 18
  • SOR/2003-129, s. 7
  • SOR/2005-320, s. 5
Helicopters — Privileges
  •  (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; and

    • (c) if qualified as a flight instructor in accordance with section 425.21 of the personnel licensing standards, conduct flight instruction.

  • (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.

  • SOR/2001-49, s. 19
  • SOR/2005-320, s. 6

[401.32 and 401.33 reserved]

DIVISION VIII — AIRLINE TRANSPORT PILOT LICENCE

Aeroplanes — Privileges
  •  (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
  •  (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
  •  (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

 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

 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

 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

 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

 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

 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

 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

 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
  •  (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

 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

 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

 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

 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; and

  • (b) airline transport pilot licence — aeroplane.

Privileges
  •  (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
  •  (1) Subject to subsection (2), 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.

  • (2) Until December 31, 2006, the experience and skill requirements set out in subsections 421.55(2) and (3) of the personnel licensing standards do not apply with respect to a holder of a flight instructor rating — ultra-light aeroplane.

  • SOR/2005-319, s. 4
Privileges

 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
  •  (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

 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
  •  (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

 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

 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

 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
  •  (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 carry out the follow-up action in accordance with the personnel licensing standards.

[401.68 reserved]

DIVISION XVIII — FLIGHT INSTRUCTOR RATING — AEROPLANE

Class 4 — Privileges

 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

 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

 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

 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

 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

 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

 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

 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

 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

 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

 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

 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
  •  (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

 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

 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

 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

 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

 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

 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

 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

 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

 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

 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
  •  (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

 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
  •  (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,

      • (iv) experience, and

      • (v) languages spoken.

  • (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.

Prohibitions
  •  (1) No person shall act as an air traffic controller or exercise the privileges of an air traffic controller licence unless that person holds and can produce while so acting and while exercising such privileges

    • (a) an air traffic controller licence endorsed with a rating appropriate to the privileges being exercised and with the appropriate operational location; and

    • (b) a valid Category 1 or 2 medical certificate.

  • (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.

Recency Requirements

 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
  •  (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

 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.

[402.08 to 404.15 reserved]

DIVISION II — TRAINING RECORDS

Training Records

 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

 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
  •  (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

 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

 Subject to section 403.05, an aircraft maintenance engineer (AME) licence is valid for the period specified in the licence.

Recency Requirements
  •  (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
  •  (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
  •  (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

 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

 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.

Issuance, Renewal and Validity Period of Medical Certificate
  •  (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.

  • (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) Subject to subsection (6), a medical certificate is valid until the date specified on the certificate by the Minister in accordance with the personnel licensing standards.

  • (6) The maximum period of validity of a medical certificate is

    • (a) 12 months for the holder of an airline transport pilot licence — aeroplane or helicopter;

    • (b) 12 months for the holder of a commercial pilot licence — aeroplane or helicopter;

    • (c) 24 months for the holder of a student pilot permit — helicopter or a private pilot licence — aeroplane or helicopter;

    • (d) 60 months for the holder of a student pilot permit — glider or a pilot licence — glider;

    • (e) 60 months for the holder of a student pilot permit — aeroplane or a pilot permit — recreational;

    • (f) 24 months for the holder of a pilot licence — balloon;

    • (g) 12 months for the holder of a flight engineer licence;

    • (h) 24 months for the holder of an air traffic controller licence;

    • (i) 60 months for the holder of a flight instructor rating — glider or ultra-light aeroplane; and

    • (j) 60 months for the holder of a student pilot permit or pilot permit — ultra-light aeroplane.

Medical Standards Flexibility — Limitations and Restrictions
  •  (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
  •  (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
  •  (1) A Category 1 medical certificate is required for the following licences:

    • (a) commercial pilot licence — aeroplane or helicopter; and

    • (b) airline transport pilot licence — aeroplane or helicopter.

  • (2) A Category 1 or 2 medical certificate is required for the following licences:

    • (a) air traffic controller licence; and

    • (b) flight engineer 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;

    • (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.

DIVISION IV — MEDICAL FITNESS

Minister’s Assessment
  •  (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
  •  (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

 No physician shall conduct a medical examination of an applicant for the issuance or revalidation 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.

Responsibilities of Medical Examiner

 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 to the Minister a medical report that specifies the results of the medical examination.

Permission to Continue to Exercise the Privileges of a Permit, Licence or Rating
  •  (1) 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 obtaining permission to continue to exercise the privileges of the holder’s permit, licence or rating, the medical examiner shall

    • (a) sign and date the medical certificate and stamp it with the medical examiner’s official stamp indicating that the applicant is “fit”, subject to any restrictions already endorsed on the medical certificate, including any restriction to a shorter than normal validity period;

    • (b) return the medical certificate to the applicant; or

    • (c) advise the applicant that he or she is “unfit”.

  • (2) When the applicant’s medical certificate has been marked with an endorsement referred to in paragraph (1)(a), the certificate validates the permit or licence for the period specified on the medical certificate.

  • SOR/2003-129, s. 9

SUBPART 5 — FLIGHT TRAINING

DIVISION I — GENERAL

Interpretation
  •  (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

 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

 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

 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

 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

 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

 No person shall conduct flight training unless the person is qualified as a flight instructor in accordance with the personnel licensing standards.

Aircraft Familiarization

 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

 No person shall operate a training aircraft unless the aircraft meets the personnel licensing standards.

Flight Training at Aerodrome

 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

 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

 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
  •  (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
  •  (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

 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 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
Requirement to Hold a Flight Training Unit Operator Certificate
  •  (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 certificate or an air operator certificate, the aircraft used for training is specified in the private operator certificate or 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
Eligibility to Hold a Flight Training Unit Operator Certificate

 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
  •  (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

 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.

Contents of a Flight Training Unit Operator Certificate

 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,

    • (ii) the category of aircraft and

      • (A) the class of aeroplane, or

      • (B) 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.

General Conditions of Issuance of a Flight Training Unit Operator Certificate

 A flight training unit operator certificate shall be issued subject to the following general conditions:

  • (a) the flight training unit shall maintain the organizational structure referred to in paragraph 406.11(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 Subpart 71 of Part V, Subpart 5 of Part VI and Division IV of this Subpart;

  • (e) the flight training unit shall conduct flight training operations in accordance with the provisions of Subpart 5 and Division V of this Subpart;

  • (f) the flight training unit shall notify the Minister within 10 working days after any change in its legal name, trade name, base of operations or managerial personnel; and

  • (g) the flight training unit shall conduct a safe operation.

  • SOR/2001-49, s. 27

[406.14 to 406.18 reserved]

DIVISION III — PERSONNEL

Duties of Certificate Holder in Respect of Maintenance
  •  (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
  •  (1) Subject to subsections (3) and (4), a flight training unit shall appoint as chief flight instructor a flight instructor who meets the requirements of 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.

Requirements for Chief Flight Instructor

 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.

Appointment of Flight Instructors

 No flight training unit shall appoint a person as a flight instructor unless the person is qualified in accordance with section 405.21.

Appointment of Ground Instructors

 No flight training unit shall appoint a person as a ground instructor, and no person shall act as a ground instructor, unless the person

  • (a) has been briefed by the chief flight instructor on the objectives and standards of the training to be conducted; and

  • (b) has demonstrated to the chief flight instructor a satisfactory level of practical and theoretical knowledge of the subject that the person is to teach.

Instructor Records

 A flight training unit shall, at its main base, establish, maintain and retain for at least two years after an entry is made, for each ground instructor and each flight instructor, a record that meets the personnel licensing standards.

Aircraft Familiarization

 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

 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

 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

 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

 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

 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
  •  (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

 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
  •  (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
  •  (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

 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]

 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

 A flight training unit that operates an aeroplane or a helicopter shall report to the Minister any service difficulties related to the aircraft that it operates, in accordance with the requirements specified in Subpart 91 of Part V.

Elementary Work

 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

 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

 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
  •  (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
  •  (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 to 406.50 reserved]

DIVISION V — FLIGHT TRAINING OPERATIONS

Aircraft Operations Requirements
  •  (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

 A flight training unit shall have facilities at a base of operations that meet the personnel licensing standards.

Dispatch of Aircraft

 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

 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

 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

 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

 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
  •  (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]

Part V

Interpretation

 In this Part,

acoustical change

acoustical change, in respect of an aircraft, means a change in the type design of the aircraft or the aircraft engine that results in an increase in the noise emission levels of that aircraft; (modification acoustique)

change in the emissions

change in the emissions, in respect of an aircraft, means a change in the type design of the aircraft or the aircraft engine that results in an increase in

  • (a) fuel venting of the aircraft if the aircraft is turbine-powered; or

  • (b) the exhaust emission of a turbine engine; (modification des émissions)

rotorcraft

rotorcraft means a gyroplane or a helicopter; (giravion)

  • SOR/98-526, s. 2

SUBPART 1 — ANNUAL AIRWORTHINESS INFORMATION REPORT

Requirement to Report

  •  (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

 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

 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

 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

 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 pursuant to Subpart 11 and the certification is not restricted or provisional;

  • (b) that conforms to its certified type design; and

  • (c) that is safe for flight.

Special Certificate of Airworthiness

 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

 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

 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

  •  (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

 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

  •  (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

 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

 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

 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

 No person other than the Minister shall amend a flight authority issued pursuant to this Subpart.

Replacing a Lost or Destroyed Flight Authority

 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]SOR/2003-154, s. 5.

Certificate of Noise Compliance

 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

  •  (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

 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

 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

 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

  •  (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

  •  (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 issued pursuant to Subpart 11; 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.

Persons Who May Attest to Condition and Conformity

 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

 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 — APPROVAL OF THE TYPE DESIGN OF AN AERONAUTICAL PRODUCT

DIVISION I — GENERAL

Interpretation

 In this Subpart,

aeronautical product

aeronautical product means an aircraft, aircraft engine, aircraft propeller or aircraft appliance; (produit aéronautique)

applicant

applicant means an individual or organization, or a representative of an individual or organization, that makes an application for a type certificate or a change to a type certificate in respect of an aeronautical product; (demandeur)

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)

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 1
Application

 This Subpart applies

  • (a) subject to section 511.04, in respect of the issuance of or a change to a type certificate for an aeronautical product to record the approval of the type design of the aeronautical product; and

  • (b) to the holders of a type certificate referred to in paragraph (a).

  • SOR/98-526, s. 3

[511.03 reserved]

DIVISION II — AERONAUTICAL PRODUCTS

Exceptions

 Sections 511.08 and 511.10, paragraph 511.11(1)(c), subsection 511.11(3), subparagraph 511.11(5)(b)(ii) and section 511.30 do not apply in respect of a foreign aeronautical product.

  • SOR/98-526, s. 3
Application for the Issuance of or a Change to a Type Certificate
  •  (1) An applicant shall submit an application for a type certificate in respect of an aeronautical product to the Minister in the form and manner specified in Chapter 511 of the Airworthiness Manual.

  • (2) A type certificate applied for in accordance with subsection (1) shall be issued in the name of the individual or organization that has responsibility for the type design of the aeronautical product and in whose name the application was made.

  • (3) The holder of a type certificate may submit an application for a change to the type certificate issued in respect of an aeronautical product to the Minister and shall do so in the form and manner specified in Chapter 511 of the Airworthiness Manual.

  • SOR/98-526, s. 3
Effective Period of an Application
  •  (1) Unless the applicant demonstrates, at the time of submitting an application for a type certificate or a change to a type certificate in respect of an aeronautical product, that the aeronautical product requires a longer period for design, development and testing — and for that reason the Minister approves a longer period — the application is effective during one of the following periods, starting on the date of application:

    • (a) five years for a transport category aeroplane certified under Chapter 525 of the Airworthiness Manual or a transport category rotorcraft certified under Chapter 529 of the Airworthiness Manual;

    • (b) three years for an aircraft other than an aircraft referred to in paragraph (a);

    • (c) three years for an aircraft engine, an aircraft propeller or a turbine-powered APU; and

    • (d) two years for an aircraft appliance other than a turbine-powered APU.

  • (2) If a type certificate will not be issued or a change to a type certificate will not be approved within the period established in accordance with subsection (1), the applicant may

    • (a) submit a new application; or

    • (b) apply for an extension of the effective period of the original application.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 2
Applicable Standards
  •  (1) The applicable standards for the issuance of a type certificate in respect of an aeronautical product are

    • (a) subject to subsection (2), the standards of airworthiness specified in this Part that were in force

      • (i) subject to section 511.20, on the date of application for the type certificate, or

      • (ii) if the effective period of an application for a type certificate is extended under paragraph 511.06(2)(b), then the date of application under subparagraph (i) is — for the purposes of determining the standards in force — deferred for the same period of time.

    • (b) any special conditions specified by the Minister as being necessary to ensure that the type design will provide a level of safety equivalent to the level that would result from compliance with the standards of airworthiness in force on the date of application for the type certificate, if

      • (i) the aeronautical product has novel or unusual design features, or

      • (ii) there are no applicable standards of airworthiness for the aeronautical product; and

    • (c) except for aircraft in respect of which certification is requested in the restricted category for agricultural or fire-fighting operations, the aircraft emissions standards specified in Subpart 16.

  • (2) An applicant may, with the approval of the Minister, elect to include any changes to the standards of airworthiness specified in paragraph (1)(a) that are made after the date chosen in accordance with that paragraph on condition that any related changes are also included and that, on the basis of that inclusion, the Minister approves the election.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 3
Test Requirements
  •  (1) For an initial or subsequent test flight, an applicant for a type certificate in respect of an aircraft or for a change to the type design of an aircraft shall, in accordance with Chapter 511 of the Airworthiness Manual,

    • (a) make provision for emergency situations and provide emergency equipment for the safety of the test flight personnel;

    • (b) have a system for the control of the configuration of the aircraft used for the test flight; and

    • (c) conduct analyses, tests and inspections of the aircraft used for the test flight to ensure that that aircraft will operate safely within the flight limitations and restrictions specified by the applicant.

  • (2) An applicant referred to in subsection (1) shall submit the data specified in Chapter 511 of the Airworthiness Manual

    • (a) when applying, pursuant to Subpart 7, for a flight authority for the initial test flight of the aircraft; and

    • (b) before conducting the first test flight of the aircraft involving Department of Transport personnel.

  • SOR/98-526, s. 3
Function and Reliability Test Flights

 An applicant for a type certificate in respect of an aircraft shall conduct function and reliability test flights for the aircraft categories specified in Chapter 511 of the Airworthiness Manual and demonstrate compliance with the standards specified in that Chapter.

  • SOR/98-526, s. 3
Involvement of the Minister

 An applicant shall give the Minister access to the aeronautical product that is the subject of an application made under section 511.05 in order to make any inspection and engineering assessment or conduct any flight or ground test that is necessary to determine compliance with the standards specified in sections 511.07 and 511.13.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 4
Issuance of a Type Certificate
  •  (1) The Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of an aeronautical product if the applicant demonstrates, in accordance with the procedures specified in Chapter 511 of the Airworthiness Manual, that

    • (a) subject to subsection (2), the type design of the aeronautical product meets the applicable standards specified in section 511.07;

    • (b) in the case of an aircraft, no feature or characteristic makes the aeronautical product unsafe taking into account the category in which certification is requested; and

    • (c) subject to subsection (3), the test flights required by section 511.09 have been conducted.

  • (2) If the type design of an aeronautical product does not meet all of the applicable standards specified in section 511.07, the Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of the aeronautical product if the applicant demonstrates that

    • (a) the unmet standards are compensated for by factors that provide an equivalent level of safety; or

    • (b) the consequences of the standards not being met are negligible with respect to the level of safety, given the experience accumulated or the tests carried out.

  • (3) If the test flights required by section 511.09 have not been completed, the Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of an aeronautical product if a program exists to ensure their completion prior to the delivery of the first aircraft or the issuance of the certificate of airworthiness, whichever occurs later.

  • (4) The Minister shall issue a provisional type certificate in respect of an aeronautical product if the applicant meets the applicable standards specified in section 511.11 of the Airworthiness Manual.

  • (5) The Minister shall issue a type certificate in respect of an aircraft in the restricted category for special purpose operations within the meaning of section 511.05 of the Airworthiness Manual if the applicant demonstrates that

    • (a) no feature or characteristic of the aircraft makes it unsafe when it is operated within the limitations specified for its intended use; and

    • (b) the aircraft

      • (i) meets the applicable standards specified in section 511.07, except those standards that are inappropriate for the special purpose operation, or

      • (ii) is of a type manufactured in accordance with the requirements of, and accepted and used by, the Department of National Defence and has been modified for a special purpose operation.

  • SOR/98-526, s. 3
Changes to a Type Design
  •  (1) Subject to section 511.22 and subsection (3), if the holder of a type certificate in respect of an aeronautical product proposes to make a change to the type design that affects the airworthiness of the aeronautical product, or an acoustical change to, or a change in the emissions specified in, an aircraft or aircraft engine type design, the Minister shall approve the design change for incorporation into the type design if the holder

    • (a) demonstrates compliance with the applicable standards specified in section 511.13, in accordance with the procedures specified in Chapter 511 of the Airworthiness Manual;

    • (b) meets the requirements of subsection 511.08(1) before conducting a test flight in respect of the changed type design; and

    • (c) in the case of an aircraft, demonstrates that no feature or characteristic makes it unsafe, taking into account the category in which certification is requested.

  • (2) If the holder of a type certificate proposes to make a change to the type design other than a change referred to in subsection (1), the holder shall follow procedures that ensure that the type design continues to meet the standards recorded in the type certificate data sheets.

  • (3) The approval referred to in subsection (1) is not required in respect of an acoustical change to an aircraft if

    • (a) the basis of certification for the aircraft does not contain noise emission standards; or

    • (b) the change is the result of

      • (i) adding or removing floats or skis,

      • (ii) adding or removing external equipment, doors or windows,

      • (iii) equipping the aircraft for aerial work for agricultural or fire prevention or fire-fighting purposes, or

      • (iv) modifications required to comply with an airworthiness directive issued under section 593.02.

  • (4) If the type design of an aeronautical product does not meet all of the applicable standards specified in section 511.13, the Minister shall, subject to section 6.71 of the Act, approve a change to the type design in respect of the aeronautical product if the applicant demonstrates that

    • (a) the unmet standards are compensated for by factors that provide an equivalent level of safety; or

    • (b) the consequences of the standards not being met are negligible with respect to the level of safety, given the experience accumulated or the tests carried out.

  • (5) The Minister shall approve a change to the type design in respect of an aircraft in the restricted category for special purpose operations within the meaning of section 511.05 of the Airworthiness Manual if the applicant demonstrates that

    • (a) no feature or characteristic of the aircraft makes it unsafe when it is operated within the limitations specified for its intended use; and

    • (b) the aircraft meets the applicable standards of airworthiness specified in section 511.13 of the Regulations, except for those standards that are inappropriate for the special purpose operation.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 5
Applicable Standards for Changes to a Type Design
  •  (1) Subject to subsections (2) to (10), the holder of a type certificate who proposes to change the type design of an aeronautical product shall show that the changed aeronautical product meets

    • (a) the standards of airworthiness that are in force on the date of the application for the proposed change; and

    • (b) the standards specified in Subpart 16 that are in force on a date as determined there.

  • (2) The applicable standards of airworthiness for an aircraft appliance are those recorded in the type certificate data sheets and any special conditions prescribed under subsection (7).

  • (3) The changed aeronautical product may comply with an earlier amendment of a standard required under subsection (1) if the Minister determines that the proposed change is not significant in the context of all previous relevant design changes and the related amendments of the applicable standards recorded in the type certificate data sheets. A 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) The changed aeronautical product may comply with an earlier amendment of a standard required under subsection (1) in respect of an area, system, component, equipment or appliance if the Minister determines that the area, system, component, equipment or appliance

    • (a) is not affected by the change; or

    • (b) is affected by the change, but compliance with a standard required under subsection (1) would not contribute materially to the level of safety or would not be practical.

  • (5) A standard referred to in subsection (3) or (4) may not precede a standard that is recorded in the type certificate data sheets or an applicable standard set out in section 523.2, 525.2, 527.2 or 529.2 of the Airworthiness Manual.

  • (6) The applicable standards of airworthiness for a change to the type design of an aircraft, other than a rotorcraft, of a maximum weight of 2 720 kg (6,000 pounds) or less or of a non-turbine rotorcraft of a maximum weight 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 compliance is required with an amendment of the standards recorded in the type certificate data sheets that apply to the change and with any standards that are directly related; and

    • (b) the compliance with the amendment of the standards referred to in paragraph (a) would contribute materially to the level of safety and would be practical.

  • (7) An applicant for a change to the type design of an aeronautical product shall comply with any special conditions or amendments of those conditions that are necessary to ensure that the changed aeronautical product will provide a level of safety equal to that established by the applicable standards referred to in subsections (1) to (6), (8) and (9) if

    • (a) the changed aeronautical product has novel or unusual design features; or

    • (b) there are no applicable standards of airworthiness for the changed aeronautical product.

  • (8) If a change is made to the type design of an aircraft certified under subsection 511.11(5), the changed aeronautical product must meet

    • (a) the standards of airworthiness applicable to that category of aeronautical product in force on the date of the application for the proposed change, except for those standards that are inappropriate for the special purpose operation; or

    • (b) the standards of airworthiness recorded in the type certificate data sheets — or an earlier amendment of a standard referred to in paragraph (a) — if they will provide a level of safety appropriate for the special purpose operation.

  • (9) The holder of a type certificate may, with the approval of the Minister, elect to comply with an amendment of a standard of airworthiness that is made after the date of the application for the proposed change to the type design if any related amendments are also included.

  • (10) If the effective period of an application for a change to the type certificate is extended under paragraph 511.06(2)(b), then the date of application for the change proposed under subsection (1) is — for the purposes of determining the standards in force — deferred for the same period of time.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 6
  • SOR/2004-29, s. 3(F)
Changes to a Type Design Requiring a New Type Certificate

 The holder of a type certificate who proposes to change the type design of an aeronautical product shall assign a new designation to the aeronautical product and submit an application for a new type certificate if the Minister determines that the scope and nature of the proposed change in design, configuration, power, power limitations (engines) or weight are so extensive that a substantially complete investigation is necessary to determine compliance with the applicable standards of airworthiness.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 7

[511.15 to 511.19 reserved]

DIVISION III — FOREIGN AERONAUTICAL PRODUCTS

Applicable Standards

 The applicable standards of airworthiness for the issuance of a type certificate or approval of a change to the type certificate in respect of a foreign aeronautical product are those specified in this Part that were in force on the later of

  • (a) the date on which an application for the type certificate or change to the type certificate, or an equivalent document, was submitted to the airworthiness authority having jurisdiction in the state of design; and

  • (b) the date that precedes, by the effective period applicable to the product as specified in subsection 511.06(1), the date of issuance of the type certificate or approval of the change to the type certificate by the airworthiness authority having jurisdiction in the state of design.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 8
Issuance of a Type Certificate
  •  (1) The Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of an aeronautical product that is intended for importation if the airworthiness authority having jurisdiction in the state of design has issued a document equivalent to a type certificate in respect of the aeronautical product.

  • (2) An application for a type certificate in respect of an aeronautical product that is intended for importation shall be submitted to the airworthiness authority having jurisdiction in the state of design in accordance with Chapter 511 of the Airworthiness Manual.

  • (3) If the Minister has insufficient information relating to the airworthiness of an aeronautical product in respect of which an application referred to in subsection (2) has been submitted, the Minister shall require a type design examination of the aeronautical product in accordance with Chapter 511 of the Airworthiness Manual.

  • (4) An applicant who submits an application referred to in subsection (2) shall demonstrate to the Minister, in accordance with Chapter 511 of the Airworthiness Manual, that the type design of the aeronautical product meets

    • (a) the standards specified in section 511.07, applicable at the time of submission of the application; and

    • (b) the aircraft emissions standards in force on the date of issuance of the type certificate by the airworthiness authority having jurisdiction in the state of design.

  • SOR/98-526, s. 3
Changes to a Type Design

 If the holder of a type certificate issued under section 511.21 makes a change to the type design of an aeronautical product that alters a condition or limitation prescribed for the aeronautical product by the airworthiness authority having jurisdiction in the state of design, the change shall be approved by that airworthiness authority and is subject to a type design examination in accordance with Chapter 511 of the Airworthiness Manual.

  • SOR/98-526, s. 3

[511.23 and 511.24 reserved]

DIVISION IV — TRANSFER OF CERTIFICATES

Transfer of a Type Certificate

 The Minister shall approve the transfer of a type certificate from the holder to another individual or organization if the holder notifies the Minister in accordance with subsection 511.25(1) of the Airworthiness Manual and the other individual or organization complies with subsection 511.25(2) of the Airworthiness Manual.

  • SOR/98-526, s. 3

[511.26 to 511.29 reserved]

DIVISION V — HOLDERS OF CERTIFICATES

Responsibilities of the Type Certificate Holder
  •  (1) The holder of a type certificate in respect of an aeronautical product shall, at the request of the Minister, produce the type design for the Minister’s examination.

  • (2) The holder of a type certificate in respect of an aeronautical product shall establish, maintain and, on request, make available to the Minister the records of the analyses and tests that were conducted to establish that the aeronautical product is in compliance with the applicable standards, in accordance with Chapter 511 of the Airworthiness Manual.

  • SOR/98-526, s. 3
Provision of Manuals

 The holder of a type certificate in respect of an aeronautical product shall provide and maintain the manuals specified in section 511.31 of the Airworthiness Manual.

  • SOR/98-526, s. 3
Mandatory Changes

 If a change to the type design approved in the type certificate in respect of an aeronautical product is required to rectify an unsafe condition, the holder of the type certificate shall

  • (a) submit the required type design change to the Minister for approval; and

  • (b) on approval of the type design change, make available to every owner and every operator of the aeronautical product the information that is necessary to allow them to make the change.

  • SOR/98-526, s. 3
Service Difficulty Reporting

 A Canadian holder of a type certificate shall report service difficulties in accordance with section 591.01.

  • SOR/98-526, s. 3
Supplemental Integrity Instructions
  •  (1) This section applies in respect of an aeroplane for which a type certificate in the commuter category or the transport category has been issued and that is operated under Subparts 4 and 5 of Part VII.

  • (2) Before an aeroplane referred to in subsection (1) meets the in-service criterion set out in subsection (3), the holder of the type certificate in respect of the aeroplane shall, in accordance with Chapter 511 of the Airworthiness Manual,

    • (a) develop supplemental integrity instructions in accordance with subsection (4) and submit them to the Minister for approval; and

    • (b) on their being approved under subsection (5), make the supplemental integrity instructions available to every owner and every operator of an aeroplane of that type.

  • (3) The in-service criterion that an aeroplane must meet for the implementation of supplemental integrity instructions is that if, in respect of the aeroplane,

    • (a) a Corrosion Protection and Control Program is in place, the aeroplane reaches the design goal, within the meaning of section 511.34 of the Airworthiness Manual, as established by the type certificate holder;

    • (b) if no Corrosion Protection and Control Program is in place, the aeroplane completes 20 years of service; or

    • (c) if no design goal has been established, the aeroplane completes 20 years of service.

  • (4) The holder of a type certificate who is required by subsection (2) to develop supplemental integrity instructions in respect of an aeroplane shall ensure that the instructions

    • (a) set out a method of ensuring continued compliance with the basis of the type certification of the aeroplane;

    • (b) incorporate any recommendation resulting from a detailed engineering assessment of the primary airframe structure of the aeroplane and from the service requirements of that aeroplane;

    • (c) identify for periodic review all principal structural elements the failure of which could result in the loss of the aeroplane or significantly reduce the overall structural strength of its airframe; and

    • (d) include a supplemental structural integrity document that provides the information specified in section 511.34 of the Airworthiness Manual.

  • (5) The Minister shall approve the supplemental integrity instructions submitted in respect of an aeroplane if it is determined that the instructions provide for the same level of safety of the aeroplane as was the case at the time the type certificate was issued for that aeroplane.

  • (6) The holder of a type certificate who proposes to make a change to the supplemental integrity instructions in respect of an aeroplane shall

    • (a) submit the change to the Minister for approval; and

    • (b) on approval of the change, make the changed instructions available to every owner and every operator of an aeroplane of that type.

  • SOR/98-526, s. 3

SUBPART 13 — APPROVAL OF MODIFICATION AND REPAIR DESIGNS

DIVISION I — GENERAL

Interpretation

 In this Subpart,

aeronautical product

aeronautical product means an aircraft, aircraft engine, aircraft propeller or aircraft appliance; (produit aéronautique)

applicant

applicant means an individual or organization, or a representative of an individual or organization, who makes an application for a supplemental type certificate, a limited supplemental type certificate or a repair design certificate in respect of an aeronautical product. (demandeur)

  • SOR/98-526, s. 3
Application

 This Subpart applies

  • (a) in respect of the issuance of a supplemental type certificate, a limited supplemental type certificate or a repair design certificate in respect of an aeronautical product to record the approval of a design change that is a modification or a repair of the aeronautical product; and

  • (b) to the holders of a certificate referred to in paragraph (a).

  • SOR/98-526, s. 3

[513.03 reserved] SOR/2003-213, s. 9.

DIVISION II — CHANGES TO A TYPE DESIGN

Application for the Issuance of a Certificate
  •  (1) Subject to section 513.14, an applicant shall submit an application for the issuance of a certificate to the Minister in the form and manner specified in Chapter 513 of the Airworthiness Manual.

  • (2) A supplemental type certificate, a limited supplemental type certificate or a repair design certificate applied for in accordance with subsection (1) shall be issued in the name of the individual or organization that has responsibility for the change to the type design of the aeronautical product and in whose name the application was made.

  • SOR/2003-213, s. 10
Obligations of an Applicant

 An applicant shall comply with the applicable standards specified in sections 513.07 and 513.08 and provide the Minister with the technical design data and other documents relating to the aeronautical product in accordance with Chapter 513 of the Airworthiness Manual.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 10
Effective Period of an Application
  •  (1) Unless the applicant demonstrates, at the time of submitting an application for a supplemental type certificate, a limited supplemental type certificate or a change to those certificates in respect of an aeronautical product, that the aeronautical product requires a longer period for design, development and testing — and for that reason the Minister approves a longer period — the application is effective during one of the following periods, starting on the date of application:

    • (a) five years for a transport category aeroplane certified under Chapter 525 of the Airworthiness Manual or a transport category rotorcraft certified under Chapter 529 of the Airworthiness Manual;

    • (b) three years for an aircraft other than an aircraft referred to in paragraph (a);

    • (c) three years for an aircraft engine, an aircraft propeller or a turbine-powered APU; or

    • (d) two years for an aircraft appliance other than a turbine-powered APU.

  • (2) If a supplemental type certificate or limited supplemental type certificate will not be issued or a change to those certificates will not be approved within the period established in accordance with subsection (1), the applicant may

    • (a) submit a new application; or

    • (b) apply for an extension of the effective period of the original application.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 10
Applicable Standards
  •  (1) Subject to subsections (2) to (11), an applicant for a supplemental type certificate, a limited supplemental type certificate or a change to these certificates shall show that the changed aeronautical product meets

    • (a) the standards of airworthiness that are in force on the date of application for the proposed change; and

    • (b) the standards specified in Subpart 16 that are in force on a date as determined there.

  • (2) The applicable standards of airworthiness for the issuance of a repair design certificate in respect of an aeronautical product or a change to an aircraft appliance are those recorded in the type certificate data sheets and any special conditions prescribed under subsection (7).

  • (3) The changed aeronautical product may comply with an earlier amendment of a standard required under subsection (1) if the Minister determines that the proposed change is not significant in the context of all previous relevant design changes and the related amendments of the applicable standards recorded in the type certificate data sheets. A 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) The changed aeronautical product may comply with an earlier amendment of a standard required under subsection (1) in respect of an area, system, component, equipment or appliance if the Minister determines that the area, system, component, equipment or appliance

    • (a) is not affected by the change; or

    • (b) is affected by the change, but compliance with a standard required under subsection (1) would not contribute materially to the level of safety or would not be practical.

  • (5) A standard referred to in subsection (3) or (4) may not precede a standard that is recorded in the type certificate data sheets or an applicable standard set out in section 523.2, 525.2, 527.2 or 529.2 of the Airworthiness Manual.

  • (6) The applicable standards of airworthiness for a change to the type design of an aircraft, other than a rotorcraft, of a maximum weight of 2 720 kg (6,000 pounds) or less or of a non-turbine rotorcraft of a maximum weight 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 compliance is required with an amendment of the standards recorded in the type certificate data sheets that apply to the change and with any standards that are directly related; and

    • (b) the compliance with the amendment of the standards referred to in paragraph (a) would contribute materially to the level of safety and would be practical.

  • (7) An applicant for a supplemental type certificate, a limited supplemental type certificate, repair design certificate or a change to those certificates shall comply with any special conditions or amendments of those conditions that are necessary to ensure that a modification or repair will provide a level of safety equal to that established by the applicable standards specified in subsections (1) to (6), (8) and (9) if

    • (a) the modification or repair has novel or unusual design features; or

    • (b) there are no applicable standards of airworthiness for the modification or repair.

  • (8) If a change is made to the type design of an aircraft certified under subsection 511.11(5), the changed aeronautical product must meet

    • (a) the standards of airworthiness applicable to that category of aeronautical product in force on the date of the application for the proposed change, except for those standards that are inappropriate for the special purpose operation; or

    • (b) the standards of airworthiness recorded in the type certificate data sheets — or an earlier amendment of a standard referred to in paragraph (a) — if they will provide a level of safety appropriate for the special purpose operation.

  • (9) An applicant for a supplemental type certificate, a limited supplemental type certificate, a repair design certificate or a change to these certificates, may, with the approval of the Minister, elect to

    • (a) comply with an amendment of a standard of airworthiness that is made after the date of application for the proposed change to the type design, if any related amendments are also included; or

    • (b) use standards of airworthiness that will provide a level of safety equivalent to the level provided by the standards specified in subsection (1).

  • (10) If the effective period of an application for a supplemental type certificate or a limited supplemental type certificate or a change to those certificates is extended under paragraph 513.06(2)(b), then the date of application for the change proposed under subsection (1) is — for the purposes of determining the standards in force — deferred for the same period of time.

  • (11) The applicable standards of airworthiness for the issuance of a supplemental type certificate, a limited supplemental type certificate or a repair design certificate in respect of a Canadian aircraft operated under a special certificate of airworthiness — limited are those specified for that purpose in subsection 513.07(2) of the Airworthiness Manual.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 10
  • SOR/2004-29, s. 4(F)
Reclassification of Aircraft to Restricted Category

 If a design change to an aircraft will result in the aircraft being reclassified as an aircraft in the restricted category for special purpose operations within the meaning of section 511.05 of the Airworthiness Manual, the applicable standards of airworthiness for the type design as changed are those specified in subsection 513.07(8).

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 10

[513.09 reserved] SOR/2003-213, s. 10.

Involvement of the Minister

 An applicant shall give the Minister access to the aeronautical product that is the subject of an application made under section 513.04 in order to make any inspection and engineering assessment or to conduct any flight or ground test that is necessary to determine compliance with the standards specified in section 513.07.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 10
Issuance of a Certificate
  •  (1) The Minister shall, subject to section 6.71 of the Act, issue a supplemental type certificate, a limited supplemental type certificate or a repair design certificate for each design change to an aeronautical product if

    • (a) the applicant meets the requirements of sections 513.04 to 513.06;

    • (b) the type design of the aeronautical product with the design change incorporated provides a level of safety at least equivalent to the level provided by the basis of certification that applied before the design change was incorporated; and

    • (c) subject to subsection (2), the applicant satisfies the Minister that the type design of the aeronautical product with the design change incorporated meets the applicable standards specified in section 513.07.

  • (2) If the type design of an aeronautical product with the design change incorporated does not meet all of the applicable standards specified in section 513.07 or 513.08, the Minister shall, subject to section 6.71 of the Act, issue a supplemental type certificate, a limited supplemental type certificate or a repair design certificate in respect of the aeronautical product if the applicant demonstrates that

    • (a) the unmet standards are compensated for by factors that provide an equivalent level of safety;

    • (b) the consequences of the standards not being met are negligible with respect to the level of safety, given the experience accumulated or the tests carried out; or

    • (c) the unmet standards are supplemented by additional operating conditions to be specified for a particular operation.

  • (3) If a design change to an aircraft will result in the aircraft being reclassified in accordance with Chapter 511 of the Airworthiness Manual, as an aircraft in the restricted category for special purpose operations as referred to in section 513.08, the Minister shall issue a supplemental type certificate or a limited supplemental type certificate if the applicant demonstrates that

    • (a) no feature or characteristic of the aircraft makes it unsafe when it is operated within the limitations specified for its intended use; and

    • (b) the aircraft meets the applicable standards specified in section 513.08, except those standards that are inappropriate for the special purpose operation.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 11
Revision to a Certificate
  •  (1) The holder of a supplemental type certificate, a limited supplemental type certificate or a repair design certificate in respect of an aeronautical product who proposes to make a change to the design approved in the certificate shall submit the revised design change to the Minister for approval.

  • (2) The Minister shall approve a revised design change if the holder demonstrates that the aeronautical product with the revised design change incorporated provides a level of safety at least equivalent to the level provided by the certificate issued under section 513.11.

  • SOR/98-526, s. 3

[513.13 reserved] SOR/2003-213, s. 12.

Changes to a Type Design Requiring a New Type Certificate

 An applicant who proposes to change the type design of an aeronautical product shall submit an application for a new type certificate under Subpart 11 if the Minister determines that the scope and nature of the proposed change in design, configuration, power, power limitations (engines) or weight are so extensive that a substantially complete investigation is necessary to determine compliance with the applicable standards of airworthiness.

  • SOR/2003-213, s. 12

[513.15 to 513.19 reserved] SOR/2003-213, s. 12.

DIVISION III — FOREIGN CHANGES TO TYPE DESIGN

Design Change Approved by Foreign Authority

 In addition to complying with Division II, an applicant for a certificate based on an equivalent document issued by a foreign airworthiness authority shall comply with this Division and sections 513.31 and 513.32.

  • SOR/98-526, s. 3
Application for a Certificate
  •  (1) An applicant for a certificate based on an equivalent document issued by a foreign airworthiness authority shall submit an application to the Minister in the form and manner specified in Chapter 513 of the Airworthiness Manual.

  • (2) A foreign applicant shall submit an application referred to in subsection (1) to the airworthiness authority of the state having jurisdiction over the applicant.

  • (3) The Minister may require an examination of the type design with the design change incorporated in accordance with Chapter 513 of the Airworthiness Manual.

  • SOR/98-526, s. 3
Issuance of a Certificate

 The Minister shall, subject to section 6.71 of the Act, issue a supplemental type certificate, a limited supplemental type certificate or a repair design certificate for a design change that has been approved by a foreign airworthiness authority if

  • (a) the type design of the aeronautical product with the design change incorporated meets the applicable standards of airworthiness specified in section 513.07 or 513.08; and

  • (b) the applicant complies with the applicable portions of Chapter 513 of the Airworthiness Manual.

  • SOR/98-526, s. 3
  • SOR/2003-213, s. 13

[513.23 and 513.24 reserved]

DIVISION IV — TRANSFER OF CERTIFICATES

Transfer of a Certificate

 The Minister shall approve the transfer of a supplemental type certificate, a limited supplemental type certificate or a repair design certificate from the holder to another individual or organization if the holder notifies the Minister in accordance with subsection 513.25(1) of the Airworthiness Manual and the other individual or organization complies with subsection 513.25(2) of the Airworthiness Manual.

  • SOR/98-526, s. 3

[513.26 to 513.29 reserved]

DIVISION V — HOLDERS OF CERTIFICATES

Responsibilities of a Certificate Holder
  •  (1) The holder of a supplemental type certificate, a limited supplemental type certificate or a repair design certificate shall, at the request of the Minister, produce the certificate and any related data for the Minister’s examination.

  • (2) The holder of a supplemental type certificate, a limited supplemental type certificate or a repair design certificate shall establish and maintain a system for recording the initial sale or distribution of the modification or repair design and make the information recorded available to the Minister on request.

  • (3) The holder of a supplemental type certificate, a limited supplemental type certificate or a repair design certificate shall notify the Minister in writing if

    • (a) the holder no longer intends to make the technical design data available for the purpose of manufacture, modification, repair or installation; or

    • (b) the technical design data is lost or destroyed.

  • SOR/98-526, s. 3
Supplements to Manuals or Instructions for Continued Airworthiness

 The holder of a supplemental type certificate, a limited supplemental type certificate or a repair design certificate that requires a supplement to an aircraft flight manual, a maintenance manual or instructions for continued airworthiness shall make available the supplement and any subsequent changes to the supplement to every owner and every operator of an aeronautical product into which the design change has been incorporated.

  • SOR/98-526, s. 3
Mandatory Changes

 If a change to the type design approved in a supplemental type certificate, a limited supplemental type certificate or a repair design certificate is required to rectify an unsafe condition, the holder of the certificate shall

  • (a) submit the required type design change to the Minister for approval; and

  • (b) on approval of the type design change, make available to every owner and every operator who has implemented the type design approved in the supplemental type certificate, the limited supplemental type certificate or the repair design certificate in respect of an aeronautical product the information that is necessary to allow them to make that change.

  • SOR/98-526, s. 3
Service Difficulty Reporting

 A Canadian holder of a supplemental type certificate, a limited supplemental type certificate or a repair design certificate shall report service difficulties in accordance with section 591.01.

  • SOR/98-526, s. 3

[513.34 reserved]

SUBPART 16 — AIRCRAFT EMISSIONS

Noise Emission Levels

 The maximum noise emission levels for the issuance of a type certificate in respect of an aircraft, or for a change to a type certificate to record the approval of an additional model of or an acoustical change to the aircraft, are those specified in Chapter 516 of the Airworthiness Manual.

  • SOR/98-526, s. 3

Standards Respecting the Prevention of Intentional Fuel Venting

 The standards respecting the prevention of intentional fuel venting applicable to the issuance of a type certificate in respect of a turbine-powered aircraft, or for a change to a type certificate to record the approval of an additional model of the aircraft, are those specified in Chapter 516 of the Airworthiness Manual.

  • SOR/98-526, s. 3

Engine Emission Levels

 The maximum engine emission levels for the issuance of a type certificate in respect of a turbo-jet or turbo-fan aircraft engine that is intended for subson