Canadian Aviation Regulations

605.84 (1) Subject to subsections (3) and (4), no person shall conduct a take-off or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, unless the aircraft

• (a) is maintained in accordance with any airworthiness limitations applicable to the aircraft type design;

• (b) meets the requirements of any airworthiness directives issued under section 593.02; and

• (c) except as provided in subsection (2), meets the requirements of any notices that are equivalent to airworthiness directives and that are issued by

  • (i) the competent authority of the foreign state that, at the time the notice was issued, is responsible for the type certification of the aircraft, engine, propeller or appliance, or

  • (ii) for an aeronautical product in respect of which no type certificate has been issued, the competent authority of the foreign state that manufactured the aeronautical product.

(2) In the case of a conflict between an airworthiness directive issued pursuant to section 593.02 and an equivalent foreign notice, the airworthiness directive prevails.

(3) The Minister shall exempt the owner of a Canadian aircraft from the requirement to comply with all or part of an airworthiness directive, subject to appropriate conditions relating to aviation safety, as specified in Appendix H of the Aircraft Equipment and Maintenance Standards, where the owner demonstrates to the Minister that

• (a) under circumstances specified in the exemption request, compliance is impractical or unnecessary; and

• (b) the exemption will provide a level of safety that is equivalent to that required by the airworthiness directive.

(4) The Minister shall approve an alternative means of compliance with an airworthiness directive, for reasons set out in the approval, where the Minister is satisfied that the proposed alternative will maintain the level of safety that is provided for by the compliance time, the modification, the restriction, the replacement, the special inspection or the procedure set out in the airworthiness directive.