Canadian Aviation Regulations

605.35 (1) Subject to subsections (2) and (3), no person shall operate an aircraft, other than a balloon or a glider, in transponder airspace, unless the aircraft is equipped with a transponder and automatic pressure-altitude reporting equipment.

(2) Subsection (1) does not apply in respect of an aircraft without a serviceable transponder and automatic pressure-altitude reporting equipment if

• (a) a minimum equipment list has been approved by the Minister in respect of the operator of the aircraft under subsection 605.07(3) and the aircraft is operated in accordance with the minimum equipment list; or

• (b) a minimum equipment list has not been approved by the Minister in respect of the operator of the aircraft and the aircraft is operated

  • (i) to the next aerodrome of intended landing, and

  • (ii) after that landing, in accordance with an air traffic control clearance, to complete a planned flight schedule or to proceed to a maintenance facility.

(3) Subsection (1) does not apply in respect of an aircraft without a serviceable transponder and automatic pressure-altitude reporting equipment if

• (a) the aircraft is within airspace referred to in section 601.03;

• (b) an air traffic control unit provides an air traffic control service in respect of that airspace;

• (c) the air traffic control unit received a request from a person to operate the aircraft within that airspace before the aircraft entered the airspace;

• (d) the air traffic control unit authorized the person to operate the aircraft; and

• (e) aviation safety is not likely to be affected.