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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 VII — Commercial Air Services (continued)

Subpart 2 — Aerial Work (continued)

Division III — Flight Operations (continued)

Built-up Area and Aerial Work Zone
  •  (1) For the purposes of subsection 602.13(1), a person may conduct a take-off, approach or landing in an aircraft within a built-up area of a city or town at a place other than an airport, heliport or a military aerodrome, if the person

    • (a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and

    • (b) complies with the Commercial Air Service Standards.

  • (2) For the purposes of paragraph 602.15(2)(a), a person may operate an aircraft over a built-up area at altitudes and distances less than those specified in paragraph 602.14(2)(a), if the person

    • (a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and

    • (b) complies with the Commercial Air Service Standards.

  • (3) For the purposes of subsection 602.16(2), a person may operate a helicopter that is carrying a helicopter Class B, C or D external load over a built-up area or in an aerial work zone, if the person

    • (a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and

    • (b) complies with the Commercial Air Service Standards.

  • SOR/2007-87, s. 13
Briefing of Persons Other Than Flight Crew Members

 The pilot-in-command shall ensure that persons, other than flight crew members, who are on board the aircraft are given a safety briefing that meets the Commercial Air Service Standards.

Operation of Aircraft in Icing Conditions

 When icing conditions are reported to exist or are forecast to be encountered along the route of flight, no person shall authorize a flight or its continuation or conduct a take-off or continue a flight in an aircraft, even if the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with paragraph 605.30(a), if, in the opinion of the pilot-in-command, the safety of the flight might be adversely affected.

  • SOR/2009-152, s. 4

[702.25 to 702.31 reserved]

Division IV — Aircraft Performance Operating Limitations

[702.32 to 702.41 reserved]

Division V — Aircraft Equipment Requirements

Night and IMC Flights
  •  (1) No person shall operate an aircraft at night unless the aircraft is equipped with

    • (a) at least one landing light; and

    • (b) if the aircraft is operated in icing conditions, a means of illumination or other means to detect the formation of ice.

  • (2) No person shall operate a multi-engined aircraft in IMC unless the aircraft is equipped with

    • (a) two generators or two alternators, each of which is driven by a separate engine or by a rotor drive train; and

    • (b) two independent sources of energy, at least one of which is not a battery, and each of which is able to drive all flight instruments requiring a source of energy and is installed so that the failure of one instrument or one source of energy will affect neither the energy supply to the remaining instruments nor the other source of energy.

  • SOR/2009-152, s. 5
Additional Equipment for Single-pilot Operations

 No air operator shall operate an aircraft on a single-pilot operation in IFR flight unless the aircraft is equipped with

  • (a) an auto-pilot that is capable of operating the aircraft controls to maintain flight and manoeuvre the aircraft about the lateral and longitudinal axes;

  • (b) a headset with a boom microphone or equivalent and a transmit button on the control column; and

  • (c) a chart holder that is equipped with a light and that is placed in an easily readable position.

Shoulder Harnesses

 No air operator shall operate an aircraft unless the pilot seat and any seat beside the pilot seat are equipped with a safety belt that includes a shoulder harness.

External Load Equipment

 No air operator shall operate an aircraft carrying an external load unless the attachment device is authorized in a supplemental type certificate or in an airworthiness approval relating to the operational configuration of the aircraft.

ACAS
  •  (1) Subject to subsection (3), no air operator shall operate a turbine-powered aeroplane having an MCTOW greater than 15 000 kg (33,069 pounds) in RVSM airspace unless the aeroplane is equipped with an operative ACAS that

    • (a) meets the requirements of CAN-TSO-C119b or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides; and

    • (b) is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it.

  • (2) Subject to subsection (3), no air operator shall operate a turbine-powered aeroplane having an MCTOW greater than 15 000 kg (33,069 pounds) in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that

    • (a) meets the requirements of CAN-TSO-C119a or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides; and

    • (b) is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it.

  • (3) The air operator may operate the aeroplane without its being equipped with an operative ACAS if

    • (a) where a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the date of failure of the ACAS;

    • (b) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the ACAS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list; or

    • (c) the aeroplane is engaged in or configured for use in fire fighting, aerial spraying services or aerial surveying and operates only in low level airspace.

  • (4) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day.

  • SOR/2007-133, s. 6
  • SOR/2009-280, ss. 37, 39, 41, 42

[702.47 to 702.53 reserved]

Division VI — Emergency Equipment

[702.54 to 702.63 reserved]

Division VII — Personnel Requirements

Designation of Pilot-in-command and Second-in-command

 An air operator shall designate for each flight a pilot-in-command and, where the crew includes two pilots, a pilot-in-command and a second-in-command.

Flight Crew Member Qualifications

 No air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person

  • (a) holds the licence and ratings required by Part IV or, where the air operator is the holder of an air operator certificate issued in accordance with Chapter 15 and Annex I — Schedule of Canada of CUSMA, the equivalent foreign licence and ratings;

  • (b) where the aircraft is operated in IFR flight and persons other than flight crew members are on board, has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards;

  • (c) if the person is not the chief pilot, has successfully completed a competency check or a pilot proficiency check, the validity period of which has not expired, for that type of aircraft in accordance with the Commercial Air Service Standards; and

  • (d) has fulfilled the requirements of the air operator’s ground and flight training program.

Check Authority
  •  (1) A pilot proficiency check shall be conducted by the Minister.

  • (2) Any other check required under this Subpart may be conducted by the Minister.

Validity Period
  •  (1) Subject to subsections (3) and (5), the validity period of a pilot proficiency check expires on the first day of the twenty-fifth month following the month in which the proficiency check was completed.

  • (2) Subject to subsections (4) and (5), the validity period of a competency check and the annual training referred to in section 702.76 expires on the first day of the thirteenth month following the month in which the competency check or training was completed.

  • (3) Where a pilot proficiency check is renewed within the last 90 days of its validity period, its validity period is extended by 24 months.

  • (4) Where a competency check or annual training is renewed within the last 90 days of its validity period, its validity period is extended by 12 months.

  • (5) The Minister may extend the validity period of a pilot proficiency check, a competency check or annual training by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.

  • (6) Where the validity period of a pilot proficiency check, a competency check or annual training has been expired for 24 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.

[702.68 to 702.75 reserved]

Division VIII — Training

Training Program
  •  (1) Every air operator shall establish and maintain a ground and flight training program that is

    • (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and

    • (b) approved by the Minister in accordance with the Commercial Air Service Standards.

  • (2) An air operator’s ground and flight training program shall include

    • (a) company indoctrination training;

    • (b) upgrading training;

    • (c) training in the aerial work to be conducted; and

    • (d) initial and annual training, including

      • (i) aircraft type training,

      • (ii) aircraft servicing and ground handling training,

      • (iii) emergency procedures training,

      • (iv) aircraft surface contamination training for pilots and other operations personnel,

      • (v) training for personnel who are assigned to perform duties on board an aircraft or who are carried externally by an aircraft, and

      • (vi) any other training required to ensure a safe operation under this Subpart.

  • (3) An air operator shall

    • (a) include a detailed syllabus of its ground and flight training program in its company operations manual;

    • (b) ensure that adequate facilities and qualified personnel are provided for its ground and flight training program, in accordance with the Commercial Air Service Standards; and

    • (c) establish and maintain a safety awareness program concerning the adverse effects of aircraft surface contamination and provide the program to all flight operations personnel who are not required to receive the training described in subparagraph (2)(d)(iv).

Training and Qualification Records
  •  (1) Every air operator shall, for each person who is required to receive training under this Subpart, establish and maintain a record of

    • (a) the person’s name and, where applicable, personnel licence number, type and ratings;

    • (b) if applicable, the person’s medical category and the expiry date of that category;

    • (c) the dates on which the person, while in the air operator’s employ, successfully completed any training, pilot proficiency check, competency check or examination required under this Subpart or obtained any qualification required under this Subpart;

    • (d) information relating to any failure of the person, while in the air operator’s employ, to successfully complete any training, pilot proficiency check, competency check or examination required under this Subpart or to obtain any qualification required under this Subpart; and

    • (e) the type of aircraft or flight training equipment used for any training, pilot proficiency check, competency check or qualification required under this Subpart.

  • (2) An air operator shall retain the records referred to in paragraphs (1)(c) and (d) and a record of each pilot proficiency check for at least three years.

  • (3) An air operator shall retain a copy of the most recent written examination completed by each pilot for each type of aircraft for which the pilot has a qualification.

Amendments to Training Program
  •  (1) If the Minister determines that an air operator’s training program required under section 702.76 does not include the competencies required for each person who receives training to perform their assigned duties, the Minister shall notify the air operator of

    • (a) the corrective actions that the air operator is required to implement to its training program; and

    • (b) the date by which the air operator is required to submit its amended training program to the Minister for approval under paragraph 702.76(1)(b).

  • (2) The air operator referred to in subsection (1) shall submit its amended training program to the Minister on or before the date specified by the Minister under paragraph (1)(b).

[702.79 and 702.80 reserved]

Division IX — Manuals

Requirements relating to Company Operations Manual
  •  (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of section 702.82.

  • (2) An air operator shall submit its company operations manual, and any amendments to that manual, to the Minister.

  • (3) Where there is a change in any aspect of an air operator’s operation or where the company operations manual no longer meets the Commercial Air Service Standards, the air operator shall amend its company operations manual.

  • (4) The Minister shall, where the Commercial Air Service Standards are met, approve those parts of a company operations manual, and any amendments to those parts, that relate to the information required by section 702.82.

Contents of Company Operations Manual
  •  (1) A company operations manual, which may be issued in separate parts corresponding to specific aspects of an operation, shall include the instructions and information necessary to enable the personnel concerned to perform their duties safely and shall contain the information required by the Commercial Air Service Standards.

  • (2) A company operations manual shall be such that

    • (a) all parts of the manual are consistent and compatible in form and content;

    • (b) the manual can be readily amended;

    • (c) the manual contains an amendment control page and a list of the pages that are in effect; and

    • (d) the manual has the date of the last amendment to each page specified on that page.

Distribution of Company Operations Manual
  •  (1) Subject to subsection (2), an air operator shall provide a copy of the appropriate parts of its company operations manual, including any amendments to those parts, to each of its crew members and to its ground operations and maintenance personnel.

  • (2) If an air operator has established procedures in its company operations manual for amending the manual, the air operator may, instead of providing a copy of the appropriate parts of that manual to each crew member, place a copy of those parts

    • (a) in each aircraft that it operates; or

    • (b) in an appropriate place other than an aircraft that it operates for the purpose of conducting a parachute descent within 25 nautical miles of the aerodrome of departure.

  • (3) Every person who has been provided with a copy of the appropriate parts of a company operations manual pursuant to subsection (1) shall keep it up to date with the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.

  • SOR/2009-152, s. 6
 
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