Canadian Aviation Regulations (SOR/96-433)

Routes in Uncontrolled Airspace

705.37 No person shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the air operator establishes the route in accordance with the Commercial Air Service Standards.

705.38 [Reserved]

Weight and Balance Control

• 705.39 (1) No person shall operate an aircraft unless, during every phase of the flight, the load restrictions, weight and centre of gravity of the aircraft conform to the limitations specified in the aircraft flight manual.

• (2) An air operator shall have a weight and balance system that meets the Commercial Air Service Standards.

• (3) An air operator shall keep a copy of the weight and balance forms, including any amendments to the forms, for not less than 90 days.

• (4) An air operator shall specify in its company operation manual

  • (a) its weight and balance system;

  • (b) its instructions to employees regarding the preparation and accuracy of weight and balance forms; and

  • (c) the period for which the forms shall be kept.

Passenger and Cabin Safety Procedures

• 705.40 (1) An air operator shall establish procedures to ensure that

  • (a) passengers move to and from the aircraft and embark and disembark safely, in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator’s company operations manual;

  • (b) all passengers are seated and secured in accordance with subsection 605.26(1);

  • (c) subject to subsection (2), the back of each seat is in the upright position and all chair tables and carry-on baggage are stowed during movement on the surface, take-off and landing and at such other times as the pilot-in-command considers necessary for the safety of the persons on board the aircraft; and

  • (d) seats located at emergency exits and seats that are not located on the main deck of an aircraft are not occupied by passengers whose presence in those seats could adversely affect the safety of passengers or crew members during an emergency evacuation.

• (2) An air operator may, for the transportation of any passenger who has been certified by a physician as unable to sit upright, allow the back of the seat occupied by such a passenger to remain in the reclining position during movement on the surface, take-off and landing if

  • (a) the passenger is seated in a location that will not restrict the evacuation of other passengers from 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.

• (3) An air operator shall not permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the requirements set out in subsection 725.40(2) of Standard 725 — Airline Operations - Aeroplanes of the Commercial Air Service Standards.

• (4) [Repealed, SOR/2019-296, s. 10]

Flight Attendant Stations

• 705.41 (1) Each flight attendant shall, for take-off and landing, occupy a seat in the passenger cabin that meets the requirements of subsection (2).

• (2) Each flight attendant station shall be approved by the Minister in accordance with the Commercial Air Service Standards.

• (3) No air operator shall permit a flight attendant seat to be occupied by a person other than a flight attendant unless the air operator

  • (a) is authorized to do so in its air operator certificate; and

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

Carry-on Baggage

• 705.42 (1) Every air operator shall establish a carry-on baggage control program that is approved by the Minister in accordance with the Commercial Air Service Standards.

• (2) No air operator shall permit a person to carry on board an aircraft any carry-on baggage unless that baggage has been accepted in accordance with a carry-on baggage control program and can be

  • (a) stowed in a compartment or overhead rack that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual for the stowage of carry-on baggage;

  • (b) stowed under a passenger seat; or

  • (c) restrained by a means that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

• (3) No person shall carry on board an aircraft any carry-on baggage unless that baggage has been accepted in accordance with a carry-on baggage control program.

• (4) All carry-on baggage that is stowed under a passenger seat shall be restrained in a manner that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

• (5) All carry-on baggage shall be stowed so that it does not obstruct access to safety equipment, exits or the aisles of the aircraft.

• (6) No air operator shall allow the passenger entry doors of an aircraft to be closed for departure until a crew member has verified that all carry-on baggage is stowed in a location that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual or is restrained by a means that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

• (7) All carry-on baggage shall be safely stowed prior to movement of the aircraft on the surface and during take-off, periods of in-flight turbulence and landing.

• (8) No carry-on baggage that may cause injury to passengers in the event of turbulence or an emergency shall be stowed in an overhead rack unless the rack is equipped with restraining devices or doors that have been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

Briefing of Passengers

• 705.43 (1) An air operator shall ensure that passengers are given a safety briefing in accordance with the Commercial Air Service Standards.

• (2) An air operator shall ensure that the safety briefing referred to in subsection (1) is given in English and French.

• (3) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility for another person on board the aircraft, the air operator shall ensure that the passenger is given an individual safety briefing that

  • (a) is appropriate to the passenger’s needs; and

  • (b) meets the Commercial Air Service Standards.

• (4) An air operator shall ensure that, in the event of an emergency and where time and circumstances permit, all passengers are given an emergency briefing in accordance with the Commercial Air Service Standards.

• (5) An air operator shall ensure that each passenger who is seated next to a window emergency exit is informed by a crew member that the window is an emergency exit and is made aware of how to operate that exit.

Safety Features Card and Supplemental Briefing Card

• 705.44 (1) An air operator shall provide each passenger, at the passenger’s seat, with a safety features card containing, in pictographic form, the information required for a safety features card by section 725.44 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards, and any wording shall be in English and French.

• (2) An air operator shall ensure that

  • (a) the information required for a supplemental briefing card by section 725.44 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards is available to passengers in the following four formats:

    • (i) English text in 14-point or larger sans-serif type with dark characters on a light background,

    • (ii) French text in 14-point or larger sans-serif type with dark characters on a light background,

    • (iii) English braille as defined and set out in the publication entitled English Braille, American Edition, 1994, published in 1994 or later by the Braille Authority of North America, and

    • (iv) French braille as set out in the Code braille français uniformisé pour la transcription des textes imprimés (CBFU), Quebec Edition (2008); and

  • (b) two copies in each format are on board every aircraft.

• (3) The four formats may be displayed on one or more supplemental briefing cards.

Closing and Locking of Flight Deck Door

• 705.45 (1) Subject to subsection (2), after May 1, 2002, the pilot-in-command of an aeroplane that is equipped with a flight deck door shall ensure that at all times from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival,

  • (a) in the case of an aeroplane referred to in subsection 705.80(1), the flight deck door is closed and locked using the locking device required by subsection 705.80(2); and

  • (b) in the case of any other aeroplane,

    • (i) the flight deck door is closed, and

    • (ii) if the door is equipped with a locking device, it is locked.

• (2) Subsection (1) does not apply if a Department of Transport air carrier inspector, a crew member or a person authorized under subsection 705.27(4) to access the flight deck is required to enter or leave the flight deck

  • (a) for the performance of their duties;

  • (b) for physiological needs; or

  • (c) for an overriding concern related to the safety of the flight.

• (3) In all cases, persons entering or leaving the flight deck must comply with the procedures for opening, closing and locking flight deck doors set out in the company operations manual.

Night VFR Flight — Aeroplane

705.46 No person shall operate an aeroplane in night VFR flight unless

• (a) the flight is conducted within 25 nautical miles of the departure aerodrome; or

• (b) in the case of an IFR flight, the pilot-in-command establishes visual contact with the intended aerodrome of landing and receives an authorization from the appropriate air traffic control unit or flight service station to conduct a visual approach.

Instrument Approach Procedures

• 705.47 (1) No person shall conduct a CAT II or CAT III precision approach unless

  • (a) the air operator is authorized to do so in its air operator certificate; and

  • (b) the approach is conducted in accordance with the Manual of All Weather Operations (Categories II and III).

• (2) No person shall terminate an instrument approach with a landing unless, immediately prior to landing, the pilot-in-command ascertains, by means of radiocommunication or visual inspection,

  • (a) the condition of the runway or surface of intended landing; and

  • (b) the wind direction and speed.

Approach Bans — Non-precision, APV and CAT I Precision

• 705.48 (1) For the purposes of subsections (2) to (4), the visibility with respect to an aeroplane is less than the minimum visibility required for a non-precision approach, an APV or a CAT I precision approach if, in respect of the advisory visibility specified in the Canada Air Pilot and set out in column I of an item in the table to this section,

  • (a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the runway of intended approach is less than the visibility set out in column II of the item for the approach conducted;

  • (b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the runway of intended approach is less than the visibility set out in column II of the item for the approach conducted;

  • (c) where no RVR for the runway of intended approach is available, the runway visibility is less than the visibility set out in column II of the item for the approach conducted; or

  • (d) where the aerodrome is located south of the 60th parallel of north latitude and no RVR or runway visibility for the runway of intended approach is available, the ground visibility at the aerodrome where the runway is located is less than the visibility set out in column II of the item for the approach conducted.

• (2) No person shall continue a non-precision approach or an APV unless

  • (a) the air operator is authorized to do so in its air operator certificate;

  • (b) the aeroplane is equipped with

    • (i) if the flight crew does not use pilot-monitored-approach procedures, an autopilot capable of conducting a non-precision approach or an APV to 400 feet AGL or lower, or

    • (ii) a HUD capable of conducting a non-precision approach or an APV to 400 feet AGL or lower;

  • (c) the instrument approach procedure is conducted to straight-in minima; and

  • (d) a visibility report indicates that

    • (i) the visibility is equal to or greater than that set out in subsection (1),

    • (ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or

    • (iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.

• (3) No person shall continue an SCDA non-precision approach unless

  • (a) the air operator is authorized to do so in its air operator certificate;

  • (b) the aeroplane is equipped with

    • (i) if the flight crew does not use pilot-monitored-approach procedures, an autopilot capable of conducting a non-precision approach to 400 feet AGL or lower, or

    • (ii) a HUD capable of conducting a non-precision approach to 400 feet AGL or lower;

  • (c) the instrument approach procedure is conducted to straight-in minima with a final approach course that meets the requirements of section 725.48 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards;

  • (d) the final approach segment is conducted using a stabilized descent with a planned constant descent angle specified in section 725.48 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards; and

  • (e) a visibility report indicates that

    • (i) the visibility is equal to or greater than that set out in subsection (1),

    • (ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or

    • (iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.

• (4) No person shall continue a CAT I precision approach to a runway with centreline lighting or a CAT I precision approach in an aeroplane equipped with a HUD unless

  • (a) the air operator is authorized to do so in its air operator certificate;

  • (b) in the case of an aeroplane not equipped with a HUD,

    • (i) if the flight crew does not use pilot-monitored-approach procedures, the pilot-in-command and the second-in-command are qualified to conduct a CAT II precision approach,

    • (ii) the aeroplane is equipped with

      • (A) a flight director and autopilot capable of conducting a coupled precision approach to 200 feet AGL or lower, or

      • (B) if the flight crew uses pilot-monitored-approach procedures, a flight director capable of conducting a precision approach to 200 feet AGL or lower, and

    • (iii) the runway is equipped with serviceable high-intensity approach lighting, high-intensity runway centreline lighting and high-intensity runway edge lighting;

  • (c) in the case of an aeroplane equipped with a HUD capable of conducting a precision approach to 200 feet AGL or lower,

    • (i) the pilot-in-command and the second-in-command are qualified to conduct a CAT II precision approach,

    • (ii) the aeroplane is equipped with a flight director and autopilot capable of conducting a coupled precision approach to 200 feet AGL or lower, and

    • (iii) the runway is equipped with serviceable high-intensity approach lighting and high-intensity runway edge lighting; and

  • (d) a visibility report indicates that

    • (i) the visibility is equal to or greater than that set out in subsection (1),

    • (ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or

    • (iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.

  	Column I		Column II
  	Canada Air Pilot Advisory Visibility		Visibility Report
  Item	Statute miles	RVR in feet	Statute miles	Feet
  1	1/2	2 600	1/4	1 200
  2	3/4	4 000	3/8	2 000
  3	1	5 000	1/2	2 600
  4	1 1/4		5/8	3 400
  5	1 1/2		3/4	4 000
  6	1 3/4		1	5 000
  7	2		1	5 000
  8	2 1/4		1 1/4	6 000
  9	2 1/2		1 1/4	greater than 6 000
  10	2 3/4		1 1/2	greater than 6 000
  11	3		1 1/2	greater than 6 000