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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 VI — General Operating and Flight Rules (continued)

Subpart 3 — Special Flight Operations (continued)

Division I — Special Aviation Events (continued)

Weather Conditions

 No person shall operate an aircraft in a special aviation event in weather conditions that are below the minimum conditions specified in the Special Flight Operations Standards.

Participant Briefing

 No person shall operate an aircraft in a special aviation event unless the person has received a participant briefing that meets the Special Flight Operations Standards.

[603.10 to 603.15 reserved]

Division II — Balloons with Fare-paying Passengers

Application

 This Division applies in respect of the operation of a balloon where fare-paying passengers are carried on board.

Certification Requirements for Balloon Operations

 No person shall operate a balloon under this Division unless the person complies with the provisions of a special flight operations certificate — balloons issued by the Minister pursuant to section 603.18.

Issuance of Special Flight Operations Certificate — Balloons

 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 Special Flight Operations Standards, issue a special flight operations certificate — balloons to an applicant who demonstrates to the Minister the ability to conduct the flight operation in accordance with the Special Flight Operations Standards.

Contents of Special Flight Operations Certificate — Balloons

 A special flight operations certificate — balloons shall contain the following information:

  • (a) the name and address of the balloon operator;

  • (b) the number of the certificate;

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

  • (d) the general conditions identified in section 603.20; and

  • (e) specific conditions with respect to

    • (i) the types and AX class of balloons authorized and, where the balloon is of a special shape or is a foreign-registered balloon, its registration,

    • (ii) the external carriage of passengers, and

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

General Conditions of Special Flight Operations Certificate — Balloons

 A special flight operations certificate — balloons shall contain the following general conditions:

  • (a) the balloon operator shall maintain balloons that are properly equipped for the area of operation and the type of operation;

  • (b) the balloon operator shall maintain its balloons in accordance with the requirements of Subpart 5;

  • (c) the balloon operator shall employ flight crew members who meet the Special Flight Operations Standards; and

  • (d) the balloon operator shall conduct a safe operation.

Crew Member Qualifications

 No balloon operator shall permit a person to act and no person shall act as the pilot-in-command of a balloon unless the person meets the qualification and currency requirements set out in the Special Flight Operations Standards.

Briefing of Passengers

 The pilot-in-command of a balloon shall ensure that passengers are given a safety briefing that meets the Special Flight Operations Standards.

Operations at Night

 No person shall operate a balloon in free flight at night unless

  • (a) the balloon is equipped in accordance with section 605.19; and

  • (b) landings are conducted during the day.

Tethered Flight
  •  (1) No person shall operate a balloon in tethered flight with passengers on board unless the pilot-in-command is on board.

  • (2) The pilot-in-command shall record all time spent in tethered flight as air time for the purpose of maintenance.

Carriage of Passengers

 No person shall operate a balloon with passengers on board unless each passenger is carried in the basket.

  • SOR/2006-77, s. 16

 [Repealed, SOR/2006-77, s. 16]

[603.26 to 603.35 reserved]

Division III — Parachuting

Application

 This Division applies in respect of the conduct of parachute descents

  • (a) in or into controlled airspace or an air route; and

  • (b) over or into a built-up area or open-air assembly of persons.

Certification Requirements for Parachute Operations

 For the purposes of section 602.26, a pilot-in-command may permit and a person may conduct a parachute descent under this Division if the person complies with the provisions of a special flight operations certificate — parachuting issued by the Minister pursuant to section 603.38.

Issuance of Special Flight Operations Certificate — Parachuting

 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 Special Flight Operations Standards, issue a special flight operations certificate — parachuting to an applicant who demonstrates to the Minister the ability to conduct the flight operation in accordance with the Special Flight Operations Standards.

Contents of Special Flight Operations Certificate — Parachuting

 A special flight operations certificate — parachuting shall contain the following information:

  • (a) the name and address of the certificate holder;

  • (b) the number of the certificate;

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

  • (d) the validity period of the certificate;

  • (e) the type of flight operation authorized; and

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

[603.40 to 603.64 reserved]

Division IV — Miscellaneous Special Flight Operations

Application

 This Division applies in respect of the following flight operations when not conducted under Part VII:

  • (a) the operation of an aircraft, other than a balloon, for the purpose of conducting a take-off or landing within a built-up area of a city or town at a place other than an airport, heliport or military aerodrome;

  • (b) the operation of an aircraft for the purpose of conducting aerial application, aerial inspection or aerial photography at altitudes and distances less than those specified in paragraph 602.14(2)(a);

  • (c) the operation of a helicopter while conducting Class B, C or D external load operations over a built-up area or open-air assembly of persons, including flight at altitudes and distances less than those specified in paragraph 602.14(2)(a);

  • (d) [Repealed, SOR/2019-11, s. 18]

  • (e) the operation of a powered aircraft while persons enter or, except for parachute descents, leave the aircraft in flight; and

  • (f) the operation of an aircraft while conducting aerobatic manoeuvres below 2,000 feet AGL.

Certification Requirements

 No person shall conduct a flight operation referred to in section 603.65 unless the person complies with the provisions of a special flight operations certificate issued by the Minister pursuant to section 603.67.

Issuance of Special Flight Operations Certificate

 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 Special Flight Operations Standards, issue a special flight operations certificate to an applicant who demonstrates to the Minister the ability to conduct the flight operation in accordance with the Special Flight Operations Standards.

Contents of Special Flight Operations Certificate

 A special flight operations certificate shall contain the following information:

  • (a) the name and address of the certificate holder;

  • (b) the number of the certificate;

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

  • (d) the validity period of the certificate;

  • (e) the type of flight operation authorized; and

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

[603.69 to 603.75 reserved]

Subpart 4 — Private Operators

Division I — General Provisions

Interpretation
  •  (1) The following definitions apply in this Subpart.

    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)

    main base

    main base means a location where a private operator has personnel, aircraft and facilities for its operations and that is established as the principal place of business of the private operator. (base principale)

    PBN Manual

    PBN Manual means ICAO Document 9613, entitled Performance-based Navigation (PBN) Manual. (manuel PBN)

    special authorization

    special authorization means an authorization issued by the Minister under subsection 604.05(2) that permits the carrying out of an activity referred to in Division IV or an activity in respect of which the Minister has established requirements under subsection 604.74(1). (autorisation spéciale)

    sub-base

    sub-base means a location where a private operator has personnel and aircraft and from which operational control is exercised in accordance with the private operator’s operational control system. (base secondaire)

  • (2) For the purpose of interpreting a document incorporated by reference into this Subpart, unless the context requires otherwise,

    • (a) “should” and “must” shall be read as “shall”;

    • (b) “operator” and “aircraft operator” shall be read as “private operator”; and

    • (c) “authority”, “competent aviation authority” and “operating authority” shall be read as “Minister”.

  • SOR/2005-341, s. 5
  • SOR/2014-131, s. 18
  • SOR/2018-269, s. 7
Application

 This Subpart applies to the following Canadian aircraft:

  • (a) large aeroplanes;

  • (b) turbine-powered aircraft;

  • (c) pressurized aircraft; and

  • (d) multi-engined aircraft.

  • SOR/2005-341, s. 5
  • SOR/2014-131, s. 18
Prohibition
  •  (1) Subject to subsection (2), no person shall operate any of the following Canadian aircraft for the purpose of transporting passengers or goods unless the person is the holder of a private operator registration document:

    • (a) a large aeroplane;

    • (b) a turbo-jet-powered aeroplane; or

    • (c) a turbine-powered pressurized aeroplane certificated for more than six passenger seats.

  • (2) Subsection (1) does not apply to the operation of an aircraft referred to in paragraphs (1)(a) to (c) by

    • (a) an air operator who operates the aircraft in accordance with the requirements of Part VII; or

    • (b) a person who operates the aircraft under a flight permit issued under section 507.04.

  • SOR/2005-341, s. 5
  • SOR/2014-131, s. 18
Issuance of a Private Operator Registration Document
  •  (1) The applicant for a private operator registration document shall submit to the Minister an application containing the following information:

    • (a) the applicant’s legal name and, if any, trade name;

    • (b) the applicant’s contact information;

    • (c) the names of the operations manager, chief pilot and maintenance manager;

    • (d) a description of the proposed area of operation, using the chart depicted in the Index to Application of Supplementary Procedures in ICAO Document 7030, entitled Regional Supplementary Procedures;

    • (e) the location of the applicant’s main base and, if any, sub-bases; and

    • (f) for each aircraft that will be operated, the aircraft type, the nationality mark and the registration mark.

  • (2) The Minister shall, on receipt of the application referred to in subsection (1), issue a private operator registration document to the applicant if the applicant is the registered owner of all the aircraft that will be operated under this Subpart or is permitted to use those aircraft under section 203.03.

  • SOR/2005-341, s. 5
  • SOR/2014-131, s. 18
Issuance of Special Authorization
  •  (1) A private operator who wishes to operate an aircraft under a special authorization shall submit to the Minister an application that

    • a) identifies the activity referred to in Division IV that the applicant wishes to carry out; and

    • b) includes a copy of the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization requested.

  • (2) The Minister shall, on receipt of the application referred to in subsection (1), issue a special authorization to the applicant if the applicant

    • (a) holds a private operator registration document;

    • (b) is able to meet the requirements of Division IV relating to the special authorization requested; and

    • (c) has an operations manual that sets out the processes, practices and procedures that are necessary to meet the requirements of Division IV relating to the special authorization requested.

  • SOR/2005-341, s. 5
  • SOR/2014-131, s. 18
Notice to the Minister

 A private operator shall notify the Minister if a change is made to the information contained in an application submitted under subsection 604.04(1) within ten days after the day on which the change is made.

  • SOR/2005-341, s. 5
  • SOR/2014-131, s. 18
Amendment of Private Operator’s Operations Manual

 A private operator who has been issued a special authorization, and who amends the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization, shall submit to the Minister a copy of that part of the operations manual within ten days after the day on which the amendment is made.

  • SOR/2005-341, s. 5
  • SOR/2014-131, s. 18
Duties of a Private Operator

 A private operator shall

  • (a) ensure that no person is appointed operations manager or chief pilot or continues to serve as operations manager or chief pilot if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for

    • (i) an offence under section 7.3 of the Act, or

    • (ii) two or more offences under these Regulations that did not arise from a single incident;

  • (b) ensure that no person is appointed maintenance manager or continues to serve as maintenance manager if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for an offence under section 7.3 of the Act;

  • (c) ensure that the operations manager performs the duties set out in section 604.204;

  • (d) perform the duties set out in section 604.208; and

  • (e) provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the private operator meets the requirements of these Regulations.

  • SOR/2014-131, s. 18
 
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