Canadian Aviation Regulations (SOR/96-433)

Canadian Minimum Navigation Performance Specifications (CMNPS) or North Atlantic Minimum Navigation Performance Specifications (NAT-MNPS) Airspace

• 701.17 (1) Subject to subsection (2), no foreign air operator shall commence a flight in Canada in an aircraft that is intended to be operated in airspace designated as CMNPS or NAT-MNPS unless

  • (a) the aircraft has been certified by the state of registry as meeting the minimum navigation performance specifications contained in the North Atlantic MNPS Airspace Operations Manual;

  • (b) the foreign air operator holds a valid authorization or equivalent document issued by the state of the foreign air operator or the state of registry for flight operations in airspace designated as CMNPS or NAT-MNPS; and

  • (c) the foreign air operator is authorized to do so in its Canadian foreign air operator certificate.

• (2) A foreign air operator may, in airspace designated as CMNPS, commence a flight in Canada in an aircraft that has not been certified in accordance with paragraph (1)(a) where the appropriate ATC unit indicates that the aircraft can be accommodated without penalizing CMNPS-certified aircraft.

Routes in Uncontrolled Airspace

701.18 No foreign air operator commencing a flight in Canada shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the foreign air operator

• (a) is authorized to do so in its Canadian foreign air operator certificate; and

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

No Alternate Aerodrome — IFR Flight

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

• (a) in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian foreign air operator certificate and complies with the Commercial Air Service Standards; or

• (b) in the case of a person who operates a foreign state aircraft, the person is authorized to do so in a flight authorization and complies with the Commercial Air Service Standards.

Take-off Minima

701.20 For the purposes of section 602.126, a person may conduct a take-off in an aircraft where weather conditions are below the take-off minima specified in the Canada Air Pilot if

• (a) in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian foreign air operator certificate and complies with the Commercial Air Service Standards; or

• (b) in the case of a person who operates a foreign state aircraft, the person is authorized to do so in a flight authorization and complies with the Commercial Air Service Standards.

Landing Minima

701.21 For the purposes of subsection 602.128(4), a person may conduct a CAT II or CAT III precision approach in an IFR aircraft if

• (a) in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian foreign air operator certificate and holds a valid authorization or equivalent document issued by the state of the foreign air operator to conduct a CAT II or CAT III precision approach in Canada; or

• (b) in the case of a person who operates a foreign state aircraft, the person is authorized to do so in a flight authorization and complies with the Commercial Air Service Standards.

Transport of Passengers in Single-engined Aircraft

• 701.22 (1) Subject to subsection (2), no foreign air operator commencing a flight in Canada shall operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight.

• (2) A foreign air operator may operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight if the foreign air operator

  • (a) is authorized to do so by the state of the foreign air operator;

  • (b) is authorized to do so in its Canadian foreign air operator certificate; and

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

Admission to Flight Deck

• 701.23 (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft operated by a foreign air operator in Canada, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft.

• (2) A foreign air operator and the pilot-in-command shall make available for the use of the air carrier inspector the observer seat most suitable to perform the inspector’s duties, as determined by the inspector.

Seats for Cabin Safety Inspectors

701.24 A foreign air operator shall provide a cabin safety inspector who is performing an in-flight cabin inspection in Canada with a confirmed passenger seat in the passenger compartment.

Aircraft Icing Operations

• 701.25 (1) In this section, “critical surfaces” means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surface of an aircraft and, in the case of an aircraft that has rear-mounted engines, includes the upper surface of its fuselage.

• (2) No person shall conduct or attempt to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces.

• (3) Notwithstanding subsection (2), a person may conduct a take-off in an aircraft that has frost caused by cold-soaked fuel adhering to the underside of its wings if the take-off is conducted in accordance with the aircraft manufacturer’s instructions for take-off under those conditions.

• (4) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to an aircraft, no person shall conduct or attempt to conduct a take-off in the aircraft unless

  • (a) the aircraft has been inspected immediately prior to take-off to determine whether any frost, ice or snow is adhering to any of its critical surfaces; or

  • (b) the foreign air operator or the holder of the flight authorization has

    • (i) established, in accordance with ICAO Document No. 9640 entitled Manual of Aircraft Ground De/Anti-icing Operations, an aircraft ground icing operations program that has been approved by the state of the foreign air operator or of the holder of the flight authorization, or

    • (ii) submitted to the Minister an aircraft ground icing operations program that meets the Commercial Air Service Standards.

• (5) The inspection referred to in paragraph (4)(a) shall be performed from outside the aircraft.

• (6) The inspection referred to in paragraph (4)(a) shall be performed by

  • (a) the pilot-in-command;

  • (b) a flight crew member of the aircraft who is designated by the pilot-in-command; or

  • (c) a person, other than a person referred to in paragraph (a) or (b), who is designated by the foreign air operator or the holder of the flight authorization.

• (7) No person shall perform the inspection referred to in paragraph (4)(a) unless the person has received annual training concerning aircraft surface contamination in accordance with the Commercial Air Service Standards.

• (8) Where, before commencing a take-off, a crew member of an aircraft observes that there is frost, ice or snow adhering to the wings of the aircraft, the crew member shall immediately report that observation to the pilot-in-command, and the pilot-in-command or a flight crew member designated by the pilot-in-command shall inspect the wings of the aircraft before take-off.

Division IV — Flight Deck Security

Interpretation

701.26 In this Division, payload capacity means the maximum zero fuel weight of an aeroplane set out in the type certificate issued in respect of the aeroplane less

• (a) the empty weight of the aeroplane;

• (b) the equipment necessary for the operation of the aeroplane; and

• (c) the operating load of the aeroplane, which includes the minimum flight crew.

Application

• 701.27 (1) All the provisions of this Division apply in respect of the operation by a foreign air operator, in Canadian airspace, of a transport category aircraft that is

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

  • (b) an all-cargo aeroplane with a payload capacity of more than 3 405 kg (7,500 pounds) that was equipped with a flight deck door on June 21, 2002.

• (2) Section 701.28 also applies in respect of the operation by a foreign air operator, in Canadian airspace, of a transport category aircraft that is

  • (a) a passenger-carrying aeroplane in respect of which a type certificate has been issued authorizing the transport of fewer than 20 passengers; or

  • (b) an all-cargo aeroplane with a payload capacity of 3 405 kg (7,500 pounds) or less that was equipped with a flight deck door on June 21, 2002.