Canadian Aviation Regulations (SOR/96-433)

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

Authorization to Operate Specialty Air Service under NAFTA

  •  (1) A person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a specialty air service in Canada in accordance with Chapter 12 and Annex I — Canada of the North American Free Trade Agreement shall, prior to operating the service, obtain from the Minister an authorization to operate the service. The request for the authorization shall be in the form and shall contain the information specified in the Commercial Air Service Standards.

  • (2) The Minister may, on receipt of a request referred to in subsection (1) and where the requirements of the Commercial Air Service Standards are met, issue an authorization containing the conditions under which the specialty air service may be operated.

  • (3) An authorization referred to in subsection (1) is required in addition to an air operator certificate for those persons who are required to hold an air operator certificate pursuant to Subpart 2.

Eligibility for Air Operator Certificate

  •  (1) A Canadian is eligible to hold an air operator certificate.

  • (2) A person who is a citizen, permanent resident or corporation of a foreign state is eligible to hold an air operator certificate that authorizes the person to operate an air transport service in Canada if the person

    • (a) holds a similar document of entitlement issued by the foreign state; and

    • (b) meets the requirements of Subpart 1.

  • (3) A person who is a citizen, permanent resident or corporation of the United States of America or Mexico is eligible to hold an air operator certificate that authorizes the person to conduct aerial work in Canada if

    • (a) the aerial work is a specialty air service for which the person may obtain an operating certificate in accordance with Chapter 12 and Annex I — Canada of the North American Free Trade Agreement; and

    • (b) the person meets the requirements of Subpart 2.

Aircraft Requirements

  •  (1) Subject to subsection (3), no Canadian air operator shall operate an aircraft in a commercial air service unless

    • (a) a certificate of airworthiness that meets the requirements of Article 31 of the Convention has been issued for the aircraft; and

    • (b) in the case of an aircraft registered in another contracting state, the Minister has authorized its operation under Part II and, where a Canadian type certificate has not been issued for the aircraft type, the aircraft has been approved for operation under Part V.

  • (2) No air operator that is a citizen, permanent resident or corporation of a foreign state shall operate an aircraft in a commercial air service in Canada unless

    • (a) the aircraft is registered in Canada under Part II or in the foreign state; and

    • (b) where a Canadian type certificate has not been issued for the aircraft type, the aircraft has been approved for operation under Part V.

  • (3) The Minister may authorize the operation of an aircraft in aerial work under Subpart 2 if

    • (a) a special certificate of airworthiness in the restricted or limited classification has been issued in respect of the aircraft; or

    • (b) a foreign flight authority that is the equivalent of a special certificate of airworthiness in the restricted or limited classification has been issued in respect of the aircraft and validated by the Minister under section 507.05.

  • SOR/2002-112, s. 15.

Extended Charter

 No air operator shall operate an aircraft on an extended charter unless the air operator

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

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

Management Agreement

 No air operator shall manage another air operator’s operation unless the air operator that manages the operation

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

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

Operations between Points Abroad

 No air operator shall operate an air service between points abroad unless the air operator

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

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

Duties of Certificate Holder

  •  (1) The holder of an air operator certificate issued under section 702.07, 703.07, 704.07 or 705.07 shall

    • (a) appoint an operations manager and, where the holder does not hold an approved maintenance organization (AMO) certificate, a maintenance manager; and

    • (b) ensure that the operations manager meets the requirements of

      • (i) section 722.07 of Standard 722 — Aerial Work of the Commercial Air Service Standards,

      • (ii) section 723.07 of Standard 723 — Air Taxi — Aeroplanes of the Commercial Air Service Standards,

      • (iii) section 723.07 of Standard 723 — Air Taxi — Helicopters of the Commercial Air Service Standards,

      • (iv) section 724.07 of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards,

      • (v) section 724.07 of Standard 724 — Commuter Operations — Helicopters of the Commercial Air Service Standards, or

      • (vi) section 725.07 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards;

    • (c) ensure that the maintenance manager meets the requirements of section 726.03 of Standard 726 — Air Operator Maintenance of the Commercial Air Service Standards;

    • (d) in the case of the holder of an air operator certificate issued under section 705.07, ensure that the operations manager performs the duties set out in subsections 705.03(1) and (2);

    • (e) in the case of the holder of an air operator certificate issued under section 705.07 who is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, ensure that the person responsible for maintenance performs the duties set out in section 705.04;

    • (f) provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the holder of the air operator certificate meets the requirements of these Regulations;

    • (g) authorize the maintenance manager to remove aircraft from operation, where the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public;

    • (h) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 706.07 or a safety management system referred to in section 705.151; and

    • (i) conduct reviews of the safety management system to determine its effectiveness.

  • (2) The maintenance manager appointed under paragraph (1)(a) shall be the person responsible for the maintenance control system of the air operator appointed under paragraph 706.03(1)(a).

  • (3) The holder of an air operator certificate issued under section 705.07 shall ensure that the person managing the safety management system referred to in section 705.153 performs the duties set out in that section.

  • SOR/2005-173, s. 21;
  • SOR/2005-357, s. 6(E).

Division II — Approach Bans

Approach Bans — Non Precision, APV and CAT I Precision

  •  (1) For the purposes of subsection (3), 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) For the purposes of subsection (3), the visibility with respect to a helicopter is less than the minimum visibility required for a non-precision approach, an APV or a CAT I precision approach if

    • (a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the surface of intended approach is less than 1,200 feet; or

    • (b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the surface of intended approach is less than 1,200 feet.

  • (3) Where the visibility is less than the minimum visibility set out in subsection (1) or (2), as applicable, no person shall continue a non-precision approach, an APV or a CAT I precision approach in an IFR aircraft unless

    • (a) at the time a visibility report is received, the aircraft has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted;

    • (b) the aircraft is on a training flight where a landing is not intended and the appropriate air traffic control unit is informed that a missed approach procedure will be initiated at or above the decision height or minimum descent altitude, as appropriate;

    • (c) the RVR is varying between distances less than and greater than the minimum RVR;

    • (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 reported to vary between distances less than and greater than the minimum visibility;

    • (e) a localized meteorological phenomenon is affecting the ground visibility to the extent that the visibility on the approach to the runway of intended approach and along that runway, as observed by the pilot-in-command in flight and reported immediately to ATS, if available, is equal to or greater than the advisory visibility specified in the Canada Air Pilot in respect of the runway of intended approach for the instrument approach procedure conducted; or

    • (f) the approach is conducted in accordance with section 703.41, 704.37 or 705.48.

  • (4) No pilot-in-command of an IFR aircraft operated under this Part shall commence a non-precision approach, an APV or a CAT I precision approach to an airport where low-visibility procedures are in effect.

    TABLE

    APPROACH BANS — VISIBILITY

    ItemColumn IColumn II
    Canada Air Pilot Advisory VisibilityVisibility Report
    Statute milesRVR in feetStatute milesFeet
    11/22 6003/81 600
    23/44 0005/83 000
    315 0003/44 000
    41 1/415 000
    51 1/21 1/46 000
    61 3/41 1/2greater than 6 000
    721 1/2greater than 6 000
    82 1/41 3/4greater than 6 000
    92 1/22greater than 6 000
    102 3/42 1/4greater than 6 000
    1132 1/4greater than 6 000
  • SOR/2006-199, s. 15.
 
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