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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-11-16 and last amended on 2022-03-06. Previous Versions

Part VI — General Operating and Flight Rules (continued)

Subpart 4 — Private Operators (continued)

Division IV — Flight Operations — Special Authorizations (continued)

RNP 10 Requirements

 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with required navigation performance 10 (RNP 10) requirements unless

  • (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNP 10 requirements;

  • (b) every flight crew member has received RNP 10 training, for which the validity period has not expired, in

    • (i) flight planning requirements,

    • (ii) navigation performance requirements,

    • (iii) enroute procedures, and

    • (iv) contingency procedures;

  • (c) the aircraft meets one of the following eligibility requirements:

    • (i) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNP 10 requirements,

    • (ii) the aircraft can be operated in accordance with another navigation standard with performance criteria that are equivalent to RNP 10 requirements, or

    • (iii) the private operator has demonstrated to the Minister, using one of the data collection methods set out in section 1.3.3.1.4.2 of Chapter 1 of Part B of Volume II of the PBN Manual, that the aircraft meets the navigational accuracy requirements for RNP 10;

  • (d) the aircraft is equipped with the navigation equipment referred to in sections 1.3.4 and 1.3.6.1 of Chapter 1 of Part B of Volume II of the PBN Manual;

  • (e) the equipment referred to in paragraph (d) meets the standards, criteria and performance requirements set out in sections 1.3.4.1, 1.3.4.2, 1.3.6.1 and 1.3.11 of Chapter 1 of Part B of Volume II of the PBN Manual; and

  • (f) the private operator applies the processes, practices and procedures relating to the duties and practices set out in sections 1.3.7, 1.3.8 and 1.3.9.2 to 1.3.9.9 of Chapter 1 of Part B of Volume II of the PBN Manual.

RNP 4 Requirements

 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with required navigation performance 4 (RNP 4) requirements unless

  • (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNP 4 requirements;

  • (b) every flight crew member has received the training referred to in paragraph 604.60(b), and the validity period for that training has not expired;

  • (c) the aircraft meets one of the following eligibility requirements:

    • (i) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNP 4 requirements,

    • (ii) the aircraft can be operated in accordance with another navigation standard with performance criteria that are equivalent to RNP 4 requirements, or

    • (iii) the private operator has demonstrated to the Minister that the aircraft meets the navigational accuracy requirements for RNP 4;

  • (d) the aircraft is equipped with the navigation equipment referred to in sections 1.3.3.1 and 1.3.3.2 of Chapter 1 of Part C of Volume II of the PBN Manual;

  • (e) the equipment referred to in paragraph (d) meets the standards, criteria and functional requirements set out in sections 1.3.3.4 to 1.3.3.7 of Chapter 1 of Part C of Volume II of the PBN Manual; and

  • (f) the private operator applies the processes, practices and procedures relating to the duties and practices set out in sections 1.3.4.2.1 to 1.3.4.4.4 and 1.3.6 of Chapter 1 of Part C of Volume II of the PBN Manual.

RNAV 5 Requirements

 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with area navigation 5 (RNAV 5) requirements unless

  • (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNAV 5 requirements;

  • (b) every flight crew member has received the training referred to in paragraph 604.60(b) and the validity period for that training has not expired;

  • (c) the aircraft meets one of the following eligibility requirements:

    • (i) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNAV 5 requirements,

    • (ii) the aircraft can be operated in accordance with another navigation standard with performance criteria that are equivalent to RNAV 5 requirements, or

    • (iii) the private operator has demonstrated to the Minister that the aircraft meets the navigational accuracy requirements for RNAV 5;

  • (d) the aircraft is equipped with at least one of the position sensors referred to in section 2.3.3 of Chapter 2 of Part B of Volume II of the PBN Manual;

  • (e) the position sensors referred to in paragraph (d) meet the performance requirements, criteria and functional requirements set out in sections 2.3.3.1 to 2.3.3.3 of Chapter 2 of Part B of Volume II of the PBN Manual; and

  • (f) the private operator applies the processes, practices and procedures relating to the duties and practices set out in section 2.3.4 of Chapter 2 of Part B of Volume II of the PBN Manual.

RNAV 1 and RNAV 2 Requirements

 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with area navigation 1 (RNAV 1) or area navigation 2 (RNAV 2) requirements unless

  • (a) the private operator is authorized under a special authorization to operate the aircraft in accordance with RNAV 1 or RNAV 2 requirements;

  • (b) every flight crew member has received RNAV 1 or RNAV 2 training, for which the validity period has not expired, in

    • (i) pre-flight procedures for initialization, loading and verification of the area navigation system,

    • (ii) the normal operation of the area navigation system,

    • (iii) the procedure for manually updating the position of the area navigation system,

    • (iv) the method of monitoring and cross-checking the area navigation system,

    • (v) the operation of the area navigation system in a compass unreliability area,

    • (vi) malfunction procedures,

    • (vii) terminal area procedures,

    • (viii) waypoint symbology, plotting procedures and record-keeping duties and practices,

    • (ix) timekeeping procedures,

    • (x) post-flight performance checks,

    • (xi) flight planning,

    • (xii) navigation performance requirements,

    • (xiii) enroute procedures, and

    • (xiv) contingency procedures;

  • (c) the aircraft meets one of the following eligibility requirements:

    • (i) the aircraft can be operated in accordance with precision area navigation (P-RNAV) requirements based on GNSS capability under an authorization issued by the competent authority of a contracting state,

    • (ii) the aircraft can be operated in accordance with area navigation (RNAV) requirements based on DME/DME or DME/DME/IRU capability under an authorization issued by the Federal Aviation Administration of the United States, or

    • (iii) the aircraft flight manual or the pilot operating handbook, or any equivalent document provided by the manufacturer of the avionics equipment or by the aircraft manufacturer, specifies that the aircraft can be operated in accordance with RNAV 1 or RNAV 2 requirements;

  • (d) the aircraft is equipped with at least one of the pieces of equipment referred to in section 3.3.3 of Chapter 3 of Part B of Volume II of the PBN Manual;

  • (e) the equipment referred to in paragraph (d) meets the performance requirements, criteria and functional requirements set out in sections 3.3.3.1 to 3.3.3.2.1.1 and 3.3.3.2.1.3 to 3.3.3.3 of Chapter 3 of Part B of Volume II of the PBN Manual;

  • (f) every flight crew member has demonstrated to the Minister the ability to operate the aircraft in accordance with this section; and

  • (g) the private operator applies the processes, practices and procedures relating to the duties and practices set out in sections 3.3.3.2.1.2, 3.3.4.2 to 3.3.4.6 and 3.3.6 of Chapter 3 of Part B of Volume II of the PBN Manual.

[604.61 to 604.73 reserved]

Other Activities Approved by the Minister
  •  (1) The Minister shall establish requirements in respect of an activity that is not set out in sections 604.48 to 604.60 and in respect of which a special authorization may be issued if

    • (a) the activity is subject to

      • (i) operational and technical requirements established by ICAO or by the civil aviation authority of a foreign state, or

      • (ii) a submission to the Minister, by a private operator, an air operator or a third party, that establishes operational and technical requirements and risk mitigation measures based on an analysis of aviation-safety-related hazards;

    • (b) in the case referred to in subparagraph (a)(i), the operational and technical requirements are necessary for the conduct of flights abroad or in Canada by private operators, and those flights can be conducted in a safe manner; and

    • (c) in the case referred to in subparagraph (a)(ii), the operational and technical requirements and risk mitigation measures ensure the safety of the flights conducted by private operators and will not have an adverse effect on aviation safety.

  • (2) If the Minister establishes requirements in respect of an activity referred to in subsection (1), no person shall, in an aircraft operated by a private operator, carry out the activity unless

    • (a) the private operator is authorized to carry out the activity under a special authorization;

    • (b) every flight crew member has received, if applicable, the training specified by the Minister under subsection (3) in respect of the activity, and the validity period for that training has not expired; and

    • (c) every flight crew member has demonstrated to the Minister the ability to carry out the activity in accordance with the operational and technical requirements referred to in subparagraph (1)(a)(i) or (ii), as applicable, and to take the measures that are necessary to manage or mitigate the risks associated with that activity.

  • (3) The Minister shall specify training in respect of an activity referred to in subsection (1) taking into account

    • (a) any training that is recommended by the civil aviation authority of a foreign state or by ICAO in respect of the activity;

    • (b) the risks and hazards associated with the activity with respect to the safety of the aircraft, persons or property; and

    • (c) the level of safety required by the activity.

  • SOR/2014-131, s. 18

[604.75 to 604.80 reserved]

Division V — Flight Operations — Passengers

 [Reserved, SOR/2015-127, s. 11]

Cabin Safety
  •  (1) No person shall conduct a take-off in an aircraft that is operated by a private operator and that has passengers on board, move the aircraft on the surface or direct that the aircraft be moved unless

    • (a) safety belts are adjusted and fastened in accordance with paragraph 605.26(1)(a), infants are held in accordance with paragraph 605.26(1)(b), and persons using child restraint systems are secured in accordance with paragraph 605.26(1)(c);

    • (b) subject to subsection (5), seat backs are secured in the upright position;

    • (c) chair tables are stowed;

    • (d) carry-on baggage is stowed; and

    • (e) no seat located at an emergency exit is occupied by a passenger — including a passenger who has not been informed as to how that exit operates — whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation.

  • (2) No person shall conduct a landing in an aircraft operated by a private operator unless

    • (a) passengers have been directed to

      • (i) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c),

      • (ii) subject to subsection (5), secure their seat backs in the upright position,

      • (iii) stow their chair tables, and

      • (iv) stow their carry-on baggage; and

    • (b) if a seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, the passenger has been directed to move to another seat.

  • (3) The pilot-in-command of an aircraft operated by a private operator shall, in the event of an emergency and if time and circumstances permit,

    • (a) direct passengers to

      • (i) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c),

      • (ii) subject to subsection (5), secure their seat backs in the upright position,

      • (iii) stow their chair tables,

      • (iv) stow their carry-on baggage,

      • (v) review the safety features card and assume the brace position until the aircraft stops moving, and

      • (vi) in the event of an emergency over water, don their life preservers; and

    • (b) if a seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, direct the passenger to move to another seat.

  • (4) The pilot-in-command of an aircraft operated by a private operator shall, if the “fasten safety belt” sign is turned on during the flight, direct passengers to

    • (a) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c); and

    • (b) stow their carry-on baggage.

  • (5) The seat of a passenger who is certified by a physician as unable to sit upright may remain in the reclining position during movement on the surface, take-off and landing if

    • (a) the passenger is not seated in a location that would restrict the evacuation of the aircraft;

    • (b) the passenger is not seated in a row that is next to or immediately in front of an emergency exit; and

    • (c) the seat immediately behind the passenger’s seat is vacant.

  • SOR/2014-131, s. 18
Fuelling with Passengers on Board
  •  (1) No person operating an aircraft operated by a private operator shall permit the fuelling of the aircraft while passengers are on board or are embarking or disembarking, unless

    • (a) in order for persons on board the aircraft to be notified promptly of a situation that could threaten their safety, two-way communication is maintained between the ground personnel supervising the fuelling and a person on board the aircraft who has received training in emergency evacuation procedures for that aircraft type;

    • (b) no ground power generator or other electrical ground power supply is being connected to or disconnected from the aircraft;

    • (c) no combustion heater installed on the aircraft is being used;

    • (d) every combustion heater used in the vicinity of the aircraft has a marking, applied by the manufacturer, indicating that the heater is manufactured to Canadian Standards Association (CSA) or Underwriters Laboratories of Canada (ULC) standards;

    • (e) no high-energy-emitting equipment, including high-frequency radios and airborne weather radar, is being operated unless the aircraft flight manual contains procedures for its use during fuelling and those procedures are followed;

    • (f) no aircraft battery is being removed or being installed;

    • (g) no external battery charger is being operated or is being connected to or disconnected from an aircraft battery;

    • (h) no auxiliary power unit having an efflux that discharges into the fuelling safety zone is started after filler caps are removed or fuelling connections are made;

    • (i) no auxiliary power unit that is stopped is restarted until the flow of fuel has ceased, unless the aircraft flight manual establishes procedures for restarting the unit during fuelling and those procedures are followed;

    • (j) no tool that is likely to produce a spark or electric arc is being used;

    • (k) no photographic equipment is being used within the fuelling safety zone;

    • (l) the fuelling is suspended if there is a lightning discharge within eight kilometres of the aerodrome;

    • (m) the fuelling is carried out in accordance with the aircraft manufacturer’s instructions;

    • (n) the aircraft emergency lighting system, if any, is armed or on;

    • (o) “no smoking” signs, if any, on board the aircraft are illuminated;

    • (p) no passenger is smoking or otherwise producing a source of ignition;

    • (q) two exits, one of which is the door through which passengers embarked, are free of obstruction and are available for immediate use by passengers and crew members in the event of an evacuation;

    • (r) the escape route from each of the exits referred to in paragraph (q) is free of obstruction and is available for immediate use by passengers and crew members in the event of an evacuation;

    • (s) a person who is authorized by the private operator to suspend fuelling is on board the aircraft and is ready to direct the suspension of fuelling if a requirement of this subsection ceases to be met;

    • (t) a means of evacuation is in place at the door used for the embarkation or disembarkation of passengers, is free of obstruction and is available for immediate use by passengers and crew members;

    • (u) the person on board the aircraft who has received the training referred to in paragraph (a) is ready to initiate and oversee an evacuation and is at or near the door referred to in paragraph (v); and

    • (v) the embarkation door is open, unless

      • (i) a crew member determines that, for climatic reasons, it is desirable to close it,

      • (ii) a crew member is on board the aircraft, and

      • (iii) the door

        • (A) opens inward or can be fully opened to the exterior without the need to reposition the loading stairs or stand,

        • (B) is latched, if that is necessary in order to keep it closed, and

        • (C) is not locked.

  • (2) The person who is authorized by the private operator to suspend fuelling shall direct the suspension of fuelling if a requirement of subsection (1) ceases to be met.

  • (3) For the purposes of subsection (1), fuelling safety zone means an area that extends three metres (10 feet) radially from the filling and venting points on the aircraft and from the fuelling equipment.

 
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