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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-06-20 and last amended on 2022-03-06. Previous Versions

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

Subpart 2 — Aircraft Marking and Registration (continued)

Division V — Operation of Foreign Aircraft (continued)

[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    • (b) in the case of an aircraft that is permanently withdrawn from service, of whether or not the aircraft has been or will be disposed of and the manner of disposal.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 and the holder of a private operator registration document; (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 registration document. (certificat d’exploitation)

  • SOR/97-120, s. 1
  • SOR/2000-405, s. 17
  • SOR/2014-131, s. 7

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 despite 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.

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
 
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