Canadian Aviation Regulations (SOR/96-433)

Subpart 6 — Accountable Executive

Application

106.01 This Subpart applies in respect of the following certificates:

• (a) an airport certificate issued under section 302.03;

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

• (c) a manufacturer certificate issued under section 561.03;

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

• (e) an air operator certificate issued under section 702.07, 703.07, 704.07 or 705.07; and

• (f) an ATS operations certificate issued under section 801.05.

Appointment and Acceptance

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

  • (a) appoint an individual as accountable executive to be responsible for operations or activities authorized under the certificate and accountable on their behalf for meeting the requirements of these Regulations;

  • (b) notify the Minister of the name of the person appointed; and

  • (c) ensure that the accountable executive submits to the Minister a signed statement that they accept the responsibilities of their position within 30 days after their appointment.

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

Accountability

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

• (a) a person responsible for the maintenance control system appointed under paragraph 406.19(1)(a) or 706.03(1)(a);

• (b) a person responsible for maintenance appointed under paragraph 573.03(1)(a);

• (c) an operations manager referred to in section 702.07, 703.07, 704.07 or 705.07; or

• (d) a maintenance manager referred to in section 702.07, 703.07, 704.07 or 705.07.

More Than One Certificate

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

Subpart 7 – Safety Management System Requirements

Application

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

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

  • (b) an air operator certificate issued under section 705.07.

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

  • (a) an airport certificate issued under section 302.03; and

  • (b) an ATS operations certificate issued under section 801.05.

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

Establishing a Safety Management System

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

Safety Management System

107.03 A safety management system shall include

• (a) a safety policy on which the system is based;

• (b) a process for setting goals for the improvement of aviation safety and for measuring the attainment of those goals;

• (c) a process for identifying hazards to aviation safety and for evaluating and managing the associated risks;

• (d) a process for ensuring that personnel are trained and competent to perform their duties;

• (e) a process for the internal reporting and analyzing of hazards, incidents and accidents and for taking corrective actions to prevent their recurrence;

• (f) a document containing all safety management system processes and a process for making personnel aware of their responsibilities with respect to them;

• (g) a quality assurance program;

• (h) a process for conducting periodic reviews or audits of the safety management system and reviews or audits, for cause, of the safety management system; and

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

Size

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

Subpart 8 — [Reserved]

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

Canada as the State of the Operator

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

Canada as the State of Registry

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

Surrender of Certificate of Airworthiness

• 109.03 (1) If the responsibility set out in Article 31 of the Convention to issue or to render valid a certificate of airworthiness for a Canadian aircraft is transferred to another contracting State in accordance with Article 83 bis of the Convention, the certificate of airworthiness for that aircraft shall cease to have effect upon commencement of the transfer.

• (2) The registered owner of the aircraft shall surrender the certificate of airworthiness to the Minister within seven days after the day on which the registered owner receives a notice from the Minister informing the registered owner of the coming into force of an agreement entered into in accordance with Article 83 bis of the Convention.

Reinstatement of the Certificate of Airworthiness

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

Notice of Termination of Agreement

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

Third Party Operation in Canada

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

Conflicting Provisions

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

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

Interpretation

200.01 In this Part,

aircraft identification plate

aircraft identification plate means a fireproof plate that is attached to an aircraft pursuant to subsection 201.01(2) or (3) and that identifies the aircraft as a whole; (plaque d’identification d’aéronef)

approval number

approval number means a number assigned by the Minister to a manufacturer to identify the manufacturer as a manufacturer in respect of which a manufacturing approval has been granted in accordance with the applicable standards of airworthiness; (numéro d’agrément)

certificate of registration

certificate of registration means a certificate of registration issued pursuant to section 202.25 and includes a certificate of registration issued by a contracting state or a foreign state that has an agreement in force with Canada that allows an aircraft that is registered in that foreign state to be operated in Canada; (certificat d’immatriculation)

commercial aircraft

commercial aircraft means an aircraft that is registered as a commercial aircraft pursuant to sections 202.16 and 202.17; (aéronef commercial)

identification plate

identification plate means a fireproof plate that contains the identification information referred to in section 201.08, subsection 201.09(2), section 201.10 or subsection 201.11(2); (plaque d’identification)

marks

marks means the nationality mark and the registration mark of an aircraft; (marques)

nationality mark

nationality mark means a symbol, letter or numeral, or a combination thereof, used by a state to indicate the nationality of aircraft that are registered in that state; (marque de nationalité)

registered

registered, in respect of an aircraft, means registered pursuant to sections 202.16 and 202.17 or pursuant to the laws of a foreign state; (immatriculé)

registration mark

registration mark means the combination of letters or letters and numerals that is issued in respect of an aircraft by a state as a registration identification; (marque d’immatriculation)

replica of a military aircraft

replica of a military aircraft means an aircraft of any scale that is a duplicate of an original military aircraft; (réplique d’un aéronef militaire)

special registration mark

special registration mark means a specific registration mark requested by the applicant; (marque d’immatriculation spéciale)

state aircraft

state aircraft means an aircraft that is registered as a state aircraft pursuant to sections 202.16 and 202.17; (aéronef d’État)

vintage aircraft

vintage aircraft means an aircraft that was manufactured prior to January 1, 1957. (aéronef d’époque)