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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2025-05-05 and last amended on 2023-06-21. Previous Versions

Part VII — Commercial Air Services (continued)

Subpart 6 — Aircraft Maintenance Requirements for Air Operators (continued)

Maintenance Arrangements

  •  (1) No air operator shall permit a person or organization to perform maintenance on the air operator’s aircraft unless the person or organization has adequate facilities, equipment, spare parts and personnel available at the site where the maintenance is to be performed and

    • (a) the person or organization holds an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 with a rating in a category applicable to the maintenance to be performed;

    • (b) where the maintenance is to be performed outside Canada by a person or organization that does not hold an AMO certificate issued pursuant to section 573.02, the person or organization has been approved under the laws of a state that is party to an agreement with Canada that provides for recognition of the work performed; or

    • (c) in cases other than those described in paragraphs (a) and (b), the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations.

  • (2) An air operator shall ensure that a maintenance arrangement made with a person or organization pursuant to subsection (1)

    • (a) specifies the maintenance required and clearly defines the tasks to be performed; and

    • (b) is made in accordance with the procedures governing maintenance arrangements included in the MCM or is approved by the Minister as being in conformity with these Regulations.

  • (3) Where an air operator makes a maintenance arrangement to have maintenance performed outside Canada by a person or organization that does not hold an AMO certificate issued pursuant to section 573.02, the Minister shall, in the following cases, authorize the arrangement by issuing a maintenance specification to indicate that the maintenance control procedures set out in the arrangement conform to the Commercial Air Service Standards:

    • (a) the maintenance is performed by a person or organization that has been approved in accordance with paragraph (1)(b) and the issuance of a maintenance specification is either required by the agreement or requested by the foreign state; or

    • (b) the maintenance is performed in a state that is not party to an agreement with Canada that provides for recognition of the work performed.

  • (4) An air operator shall ensure the completion of all of the tasks defined in a maintenance arrangement in accordance with subsection (2).

Elementary Work

 No air operator shall authorize a person to perform, without supervision, a task that is elementary work set out in the Aircraft Equipment and Maintenance Standards unless the person

  • (a) has satisfactorily completed training for the task under a training program required by section 706.12; and

  • (b) has previously performed that task under the direct supervision of the holder of an aircraft maintenance engineer (AME) licence or a training organization approved pursuant to Subpart 3 of Part IV.

Servicing

 An air operator shall ensure that each person who performs or requests the performance of servicing has satisfactorily completed training, under a training program required by section 706.12, for the servicing to be performed.

Training Program

 An air operator shall implement a training program to ensure that persons who are authorized to perform a function under this Subpart are trained in respect of the regulations, standards and air operator procedures applicable to that function, as specified in the Commercial Air Service Standards.

Personnel Records

  •  (1) An air operator shall establish, maintain and retain for at least two years after an entry is made, for each affected person, a record of

    • (a) all personal qualifications in respect of any appointment made pursuant to section 706.03;

    • (b) any authorization to perform elementary work given in accordance with section 706.10 and incorporated in the maintenance control manual (MCM) in accordance with the Commercial Air Service Standards; and

    • (c) all training conducted pursuant to section 706.12.

  • (2) The air operator shall provide a copy of each record required by subsection (1) to the person to whom the record refers on the completion of any training or the giving of an authorization referred to in paragraph (1)(b).

Service Difficulty Reporting

 The holder of an air operator certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates.

  • SOR/2009-280, s. 36

Safety Management System

 The holder of an air operator certificate issued under section 705.07 must, for all maintenance control activities performed under this Subpart, comply with the requirements set out in section 705.151 or 705.154 with respect to a safety management system.

Part VIII — Air Navigation Services

Interpretation

  •  (1) In this Part,

    air traffic control unit

    air traffic control unit[Repealed, SOR/2002-352, s. 4]

    air traffic services

    air traffic services or ATS[Repealed, SOR/2025-98, s. 19]

    altitude reservation

    altitude reservation means an airspace of defined dimensions within controlled airspace reserved for the use of a civil or military agency during a specified period and whose location is fixed or moves in relation to the aircraft that operate within it; (réservation d’altitude)

    ATS operations certificate

    ATS operations certificate[Repealed, SOR/2007-290, s. 11]

    conflict resolution

    conflict resolution means an air traffic control service provided to avoid potential conflicts between identified aircraft that are in communication with an air traffic controller; (résolution de conflit)

    CVFR aircraft

    CVFR aircraft means an aircraft operating in controlled VFR flight; (aéronef CVFR)

    emergency assistance services

    emergency assistance services means services provided for the purpose of

    • (a) assisting aircraft in a state of emergency, including aircraft in the uncertainty, alert and distress phases,

    • (b) assisting aircraft involved in a hijacking, or

    • (c) alerting rescue coordination agencies of missing or overdue aircraft; (services d’urgence)

    flight information services

    flight information services[Repealed, SOR/2002-352, s. 4]

    identified aircraft

    identified aircraft means an aircraft whose position as indicated on a situation display is confirmed by an air traffic controller; (aéronef identifié)

    operational location

    operational location means the physical location of an ATS unit; (emplacement opérationnel)

    visual approach

    visual approach means an approach in which the pilot-in-command of an IFR aircraft operating in VMC proceeds to the destination aerodrome by using visual reference to the surface and, as applicable, by maintaining visual separation from, and avoiding the wake turbulence of, a preceding aircraft. (approche visuelle)

  • (2) Any reference in this Part to an annex to the Convention includes the differences notified to ICAO by the Government of Canada in respect of the standards specified in that annex.

Application

 This Part does not apply in respect of any air navigation services that are provided by or under the authority of the Minister of National Defence.

[800.03 to 800.08 reserved]

Subpart 1 — Air Traffic Services

General

 No person shall act as an air traffic controller or a flight service specialist

  • (a) within eight hours after consuming an alcoholic beverage;

  • (b) while under the influence of alcohol; or

  • (c) while under the influence of any drug or other substance that impairs the person’s faculties to the extent that aviation safety is affected.

Services to Be Provided in Class A, B, C, D and E Airspace

 No air traffic controller shall issue an air traffic control clearance or air traffic control instruction except in accordance with

  • (a) the standards contained in Chapter 3 of Annex 11 to the Convention, in the case of airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air traffic services; and

  • (b) Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, in the case of any other airspace.

Requirement for ATS Operations Certificate

 [Reserved, SOR/2025-98, s. 20]

Application for ATS Operations Certificate

 [Reserved, SOR/2025-98, s. 20]

Issuance of ATS Operations Certificate

 [Reserved, SOR/2025-98, s. 20]

Contents of ATS Operations Certificate

 No person shall operate an ATS unit unless the person holds and complies with the provisions of an ATS operations certificate that authorizes the person to operate the ATS unit.

Contents of ATS Site Manual

 An application for an ATS operations certificate shall be submitted to the Minister along with a copy of the proposed ATS site manual for each operational location to be listed on the certificate.

 

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