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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2019-06-20 and last amended on 2019-06-14. Previous Versions

Part VII — Commercial Air Services (continued)

Subpart 5 — Airline Operations (continued)

Division I — General (continued)

[705.05 and 705.06 reserved]

Division II — Certification

Issuance or Amendment of Air Operator Certificate
  •  (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend an air operator certificate where the applicant demonstrates to the Minister the ability to

    • (a) maintain an adequate organizational structure;

    • (b) maintain an operational control system;

    • (c) meet training program requirements;

    • (d) comply with maintenance requirements;

    • (e) meet the Commercial Air Service Standards for the operation; and

    • (f) conduct the operation safely.

  • (2) For the purposes of subsection (1), an applicant shall have

    • (a) a management organization capable of exercising operational control;

    • (b) managerial personnel who have been approved by the Minister in accordance with the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely,

      • (i) operations manager,

      • (ii) chief pilots,

      • (iii) where the applicant does not hold an approved maintenance organization (AMO) certificate, maintenance manager, and

      • (iv) where flight attendants are required for the operation, flight attendant manager;

    • (c) a safety management system that meets the requirements of Subpart 7 of Part I and section 705.152;

    • (d) operational support services and equipment that meet the Commercial Air Service Standards;

    • (e) after January 1, 1997, where a master minimum equipment list has been established for a type of aircraft, a minimum equipment list for each aircraft of that type, approved by the Minister in accordance with the procedures specified in the MMEL/MEL Policy and Procedures Manual;

    • (f) aircraft that are properly equipped for and crew members who are qualified for the area of operation and the type of operation;

    • (g) an operational control system that meets the requirements of section 705.20;

    • (h) a training program that meets the requirements of section 705.124;

    • (i) legal custody and control of at least one aircraft of each category of aircraft that is to be operated;

    • (j) a company operations manual that meets the requirements of sections 705.134 and 705.135;

    • (k) a maintenance control system approved pursuant to Subpart 6; and

    • (l) an air operator emergency response plan that has the components set out in subsection 725.07(3) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards.

  • SOR/2005-173, s. 23
  • SOR/2005-357, s. 7
Contents of Air Operator Certificate

 An air operator certificate shall contain

  • (a) the legal name, trade name and address of the air operator;

  • (b) the number of the air operator certificate;

  • (c) the effective date of certification;

  • (d) the date of issue of the certificate;

  • (e) the general conditions identified in section 705.09;

  • (f) specific conditions with respect to

    • (i) the areas of operation authorized,

    • (ii) the types of service authorized,

    • (iii) the types of aircraft authorized and, if applicable, their registration, and any operational restrictions, and

    • (iv) the main base, scheduled points and, if applicable, sub-bases; and

  • (g) where the air operator complies with the Commercial Air Service Standards, operations specifications with respect to

    • (i) aircraft performance, equipment and emergency equipment requirements,

    • (ii) instrument approach procedures,

    • (iii) enroute aerodrome authorizations and limitations,

    • (iv) special weather minima authorizations,

    • (v) authorizations concerning flight crew member qualifications and crew member complement,

    • (vi) navigation system authorizations,

    • (vii) pilot training and pilot proficiency checks,

    • (viii) the air operator maintenance control system approved pursuant to Subpart 6,

    • (ix) leasing arrangements,

    • (x) the use of synthetic flight training devices, and

    • (xi) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.

  • SOR/2009-152, s. 17
General Conditions of Air Operator Certificate

 An air operator certificate shall contain the following general conditions:

  • (a) the air operator shall conduct flight operations in accordance with its company operations manual;

  • (b) the air operator shall maintain an adequate organizational structure;

  • (c) the air operator shall employ managerial personnel who meet the Commercial Air Service Standards;

  • (d) the air operator shall conduct training in accordance with its training program approved pursuant to this Subpart;

  • (e) the air operator shall maintain aircraft that are properly equipped for the area of operation and the type of operation;

  • (f) the air operator shall employ crew members who are qualified for the area of operation and the type of operation;

  • (g) the air operator shall maintain its aircraft in accordance with the requirements of Subpart 6;

  • (h) the air operator shall maintain operational support services and equipment that meet the Commercial Air Service Standards;

  • (i) the air operator shall notify the Minister within 10 working days after

    • (i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point or its managerial personnel, or

    • (ii) ceasing to operate a type of aircraft authorized under this Subpart; and

  • (j) the air operator shall conduct a safe operation.

  • SOR/2009-152, s. 18

[705.10 to 705.15 reserved]

Division III — Flight Operations

Exceptions
  •  (1) Sections 705.40, 705.43, 705.75, 705.77 to 705.79, 705.139 and 705.201 do not apply if nine or fewer persons are on board an aircraft and each person is

    • (a) an employee of the air operator;

    • (b) a person whose presence on board the aircraft is necessary for

      • (i) the safety of the flight,

      • (ii) the safe handling of animals,

      • (iii) the safe handling of dangerous goods,

      • (iv) the security of valuable or confidential cargo,

      • (v) the preservation of fragile or perishable cargo, or

      • (vi) the handling of cargo;

    • (c) a person described in paragraph (b) who is travelling to or from an assignment;

    • (d) an owner or shipper of animals; or

    • (e) a dependant of an employee of the air operator.

  • (2) Any person referred to in subsection (1) may be carried on board an aircraft for which the type certificate does not authorize the transport of passengers.

  • (3) No air operator shall operate an aircraft with a person referred to in subsection (1) on board unless

    • (a) the air operator has established procedures for the transport of that person;

    • (b) the person has unobstructed access from the person’s seat to the flight deck, to an exit or to an emergency exit;

    • (c) the person is provided with a means of two-way communication with the flight crew members;

    • (d) the pilot-in-command has a means of notifying the person when safety belts must be fastened; and

    • (e) the air operator ensures that, before every take-off, the person is given a briefing by a crew member in accordance with the Commercial Air Service Standards.

  • SOR/2015-127, s. 15
 
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