Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-11-20 and last amended on 2017-09-15. Previous Versions

Use of Flight Data Recorders and Cockpit Voice Recorders

  •  (1) Except where otherwise permitted in this section, no person shall operate an aircraft for which a flight data recorder or cockpit voice recorder is required by these Regulations unless

    • (a) in the case where a flight data recorder is required, the flight data recorder is operated continuously from the start of the take-off until the completion of the landing; and

    • (b) in the case where a cockpit voice recorder is required, the cockpit voice recorder is operated continuously from the time at which electrical power is first provided to the recorder before the flight to the time at which electrical power is removed from the recorder after the flight.

  • (2) No person shall erase any communications pertaining to the flight being undertaken that have been recorded by a cockpit voice recorder.

  • (3) Where a minimum equipment list has been approved by the Minister in respect of the operator of an aircraft pursuant to subsection 605.07(3), the operator may operate the aircraft without a serviceable flight data recorder or cockpit voice recorder if the aircraft is operated in accordance with the minimum equipment list.

  • (4) Where a minimum equipment list has not been approved by the Minister in respect of the operator of an aircraft, the operator may operate the aircraft without a serviceable flight data recorder for a maximum period of 90 days after the date of failure of the flight data recorder if

    • (a) where a cockpit voice recorder is required by these Regulations, the cockpit voice recorder is serviceable; and

    • (b) the aircraft technical records show the date of the failure of the flight data recorder.

  • (5) Where a minimum equipment list has not been approved by the Minister in respect of the operator of an aircraft, the operator may operate the aircraft without a serviceable cockpit voice recorder for a maximum period of 90 days after the date of failure of the cockpit voice recorder if

    • (a) where a flight data recorder is required by these Regulations, the flight data recorder is serviceable; and

    • (b) the aircraft technical records show the date of the failure of the cockpit voice recorder.

Transponder and Automatic Pressure-Altitude Reporting Equipment

  •  (1) Subject to subsections (2) and (3), no person shall operate an aircraft, other than a balloon or a glider, in transponder airspace, unless the aircraft is equipped with a transponder and automatic pressure-altitude reporting equipment.

  • (2) The aircraft referred to in subsection (1) may be operated without a serviceable transponder and automatic pressure-altitude reporting equipment if

    • (a) where a minimum equipment list has been approved by the Minister in respect of the operator of the aircraft pursuant to subsection 605.07(3), the aircraft is operated in accordance with the minimum equipment list; or

    • (b) where a minimum equipment list has not been approved by the Minister in respect of the operator of the aircraft, the aircraft is operated

      • (i) to the next aerodrome of intended landing, and

      • (ii) thereafter, in accordance with an air traffic control clearance, to complete a planned flight schedule or to proceed to a maintenance facility.

  • (3) An air traffic control unit may authorize a person to operate an aircraft that is not equipped in accordance with subsection (1) within airspace referred to in section 601.03 where

    • (a) the air traffic control unit provides an air traffic control service in respect of that airspace;

    • (b) the air traffic control unit received a request from the person to operate the aircraft within that airspace before the aircraft entered the airspace; and

    • (c) aviation safety is not likely to be affected.

  • SOR/2006-77, s. 21.

Altitude Alerting System or Device

  •  (1) Subject to subsection (2), no person shall conduct a take-off in a turbo-jet-powered aeroplane unless it is equipped with an altitude alerting system or device that conforms to the Aircraft Equipment and Maintenance Standards.

  • (2) An aeroplane referred to in subsection (1) may be operated without a serviceable altitude alerting system or device if

    • (a) where a minimum equipment list has been approved by the Minister in respect of the operator of the aeroplane pursuant to subsection 605.07(3), the aeroplane is operated in accordance with the minimum equipment list; or

    • (b) where a minimum equipment list has not been approved by the Minister in respect of the operator of the aeroplane, the aeroplane is operated

      • (i) from the place where the operator or pilot-in-command takes possession of the aeroplane to a place where the aeroplane can be equipped with such a system or device,

      • (ii) for the sole purpose of conducting a flight test, a competency check, a pilot proficiency check or flight crew member training, or

      • (iii) where the system or device becomes unserviceable after take-off, until it reaches an aerodrome at which the system or device can be repaired or replaced.

  • SOR/2014-131, s. 21.

GPWS

  •  (1) Subject to subsections (2) and (3), no person operating under Subpart 4 or 5 of Part VII shall conduct a take-off in a turbo-jet-powered aeroplane that has a MCTOW of more than 15 000 kg (33,069 pounds) and for which a type certificate has been issued authorizing the transport of 10 or more passengers, unless the aeroplane is equipped with a GPWS.

  • (2) An aeroplane referred to in subsection (1) may be operated without a serviceable GPWS if a minimum equipment list has been approved by the Minister in respect of the operator of the aeroplane pursuant to subsection 605.07(3) and the aeroplane is operated in accordance with the minimum equipment list.

  • (3) Where, in the interests of aviation safety, it is necessary during a flight to deactivate any mode of a GPWS, the pilot-in-command of the aeroplane may deactivate that mode if the deactivation is performed in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.

  • (4) This section

    • (a) applies only in respect of aeroplanes manufactured on or before the day on which this subsection comes into force; and

    • (b) shall cease to apply on the expiry of two years after that day.

  • SOR/2012-136, s. 9.

ELT

  •  (1) Subject to subsection (3), no person shall operate an aircraft unless it is equipped with one or more ELTs in accordance with subsection (2).

  • (2) An aircraft set out in column I of an item of the table to this subsection shall, for the area of operation set out in column II of the item, be equipped with the quantity and type of ELTs referred to in column III of that item, which ELTs shall be armed, if so specified in the aircraft flight manual, aircraft operating manual, pilot operating handbook or equivalent document provided by the manufacturer.

    TABLE

    ELT REQUIREMENTS

    ItemColumn IColumn IIColumn III
    AircraftArea of OperationMinimum Equipment
    1All aircraft except those referred to in subsection (3)Over landOne ELT of Type AD, AF, AP, A or F
    2Large multi-engined turbo-jet aeroplanes engaged in an air transport service carrying passengersOver water at a distance from land that requires the carriage of life rafts pursuant to section 602.63Two ELTs of Type W or S or one of each
    3All aircraft that require an ELT other than those set out in item 2Over water at a distance from land that requires the carriage of life rafts pursuant to section 602.63One ELT of Type W or S
  • (3) An aircraft referred to in subsection (1) may be operated without an ELT on board where the aircraft is

    • (a) a glider, balloon, airship, ultra-light aeroplane or gyroplane;

    • (b) [Repealed, SOR/2002-345, s. 2]

    • (c) registered under the laws of a contracting state or a state that is a party to an agreement entered into with Canada relating to interstate flying, and is equipped with a serviceable radio transmitter that

      • (i) is approved by the state of registry for search and rescue purposes, and

      • (ii) has a distinctive audio signal and is capable of communication on the frequency of 121.5 MHz, or simultaneously on the frequencies of 121.5 MHz and 243.0 MHz;

    • (d) operated by the holder of a flight training unit operating certificate, engaged in flight training and operated within 25 nautical miles of the aerodrome of departure;

    • (e) engaged in a flight test;

    • (f) a new aircraft engaged in flight operations incidental to manufacture, preparation or delivery of the aircraft;

    • (g) operated for the purpose of permitting a person to conduct a parachute descent within 25 nautical miles of the aerodrome of departure; or

    • (h) operated in accordance with section 605.39.

  • (4) If an aircraft is equipped with one or more ELTs capable of broadcasting on the frequency of 406 MHz, each ELT shall be registered with

    • (a) the Canadian Beacon Registry of the National Search and Rescue Secretariat; or

    • (b) the appropriate authority of the country identified in the coded message transmitted by the ELT.

  • SOR/2002-345, s. 2.
 
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