Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-11-06 and last amended on 2017-09-15. Previous Versions

Controlled Rest on the Flight Deck

 An air operator may institute a program of controlled rest on the flight deck if

  • (a) the program is authorized in its air operator certificate; and

  • (b) the air operator and the flight crew members comply with the Commercial Air Service Standards.

Subpart 1 — Foreign Air Operations

Division I — General

Application

 This Subpart applies in respect of the operation in Canada of a foreign state aircraft or an aircraft operated by a foreign operator in an air transport service.

Requirement for Canadian Foreign Air Operator Certificate

  •  (1) Subject to subsections (2) and (3), no person shall operate an aircraft in Canada unless the person complies with the conditions in a Canadian foreign air operator certificate issued to that person by the Minister pursuant to section 701.07.

  • (2) A person is not required to hold a Canadian foreign air operator certificate in order to conduct an overflight of Canada or to perform a technical landing in Canada unless the person operates the aircraft under section 701.19, 701.20 or 701.21.

  • (3) A person is not required to hold a Canadian foreign air operator certificate in order to operate a foreign state aircraft in Canada.

Requirements for Flight Authorization

  •  (1) No person, other than the holder of a Canadian foreign air operator certificate, shall conduct an overflight of Canada or perform a technical landing in Canada unless the person is authorized to do so in a flight authorization issued by the Minister pursuant to section 701.10.

  • (2) No person shall operate a foreign state aircraft in Canada unless the person is authorized to do so in a flight authorization issued by the Minister pursuant to section 701.10.

[701.04 to 701.06 reserved]

Division II — Certification and Authorization

Issuance or Amendment of Canadian Foreign Air Operator Certificate

 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend a Canadian foreign air operator certificate.

Contents of Canadian Foreign Air Operator Certificate

 A Canadian foreign air operator certificate shall contain

  • (a) the legal name, trade name and address of the foreign air operator;

  • (b) the number of the foreign air operator certificate;

  • (c) the effective date of certification;

  • (d) the date of issue of the certificate;

  • (e) the general conditions identified in section 701.09;

  • (f) specific conditions with respect to

    • (i) the areas of operation authorized,

    • (ii) the types of service authorized,

    • (iii) the types of aircraft authorized, the conditions of operation and, if applicable, their registration, and

    • (iv) the base of operations and the designated points in Canada, if applicable; and

  • (g) where the foreign air operator complies with the Commercial Air Service Standards, operations specifications with respect to

    • (i) instrument approach procedures,

    • (ii) special weather minima authorizations,

    • (iii) navigation system authorizations,

    • (iv) authorizations concerning flight crew member complement,

    • (v) special helicopter procedures, and

    • (vi) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.

General Conditions of Canadian Foreign Air Operator Certificate

 A Canadian foreign air operator certificate shall contain the following general conditions:

  • (a) the foreign air operator shall have a valid air operator certificate or equivalent document issued by the state of the foreign air operator;

  • (b) the foreign air operator shall make no change in its air transport service in Canada, except in the case of an emergency, without notifying the Minister;

  • (c) the foreign air operator shall notify the Minister within 10 working days after any change in its legal name or trade name;

  • (d) the foreign air operator shall conduct flight operations in accordance with the ICAO standards;

  • (e) the foreign air operator shall maintain its aircraft in accordance with the ICAO standards;

  • (f) the foreign air operator shall comply with the applicable provisions of these Regulations; and

  • (g) the foreign air operator shall conduct a safe operation.

Issuance of Flight Authorization

 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue a flight authorization

  • (a) to conduct an overflight of Canada or to perform a technical landing in Canada; or

  • (b) to operate a foreign state aircraft in Canada.

Contents of Flight Authorization

 A flight authorization shall contain

  • (a) the name of the holder of the flight authorization or of the person responsible for the flight;

  • (b) the type of aircraft, the registration mark and, if applicable, the serial number;

  • (c) the routing;

  • (d) the date and time of arrival at, and departure from, the airports concerned;

  • (e) the places of embarkation or disembarkation of passengers or freight;

  • (f) an authorization for the transportation of dangerous goods or agricultural products, if applicable;

  • (g) in the case of a foreign state aircraft, an authorization to conduct flight operations referred to in section 701.19, 701.20 or 701.21;

  • (h) a requirement to conduct all operations in accordance with the applicable provisions of these Regulations; and

  • (i) any condition pertaining to the operation that the Minister deems necessary for aviation safety.

[701.12 to 701.15 reserved]

Division III — Flight Operations

Extended Range Twin-engined Operations

  •  (1) Subject to subsection (2), no foreign air operator shall commence a flight in Canada in a twin-engined aeroplane certified for more than 20 passenger seats that is intended to be operated on a route containing a point that is farther from an adequate aerodrome than the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed, unless the flight is conducted wholly within Canadian Domestic Airspace.

  • (2) A foreign air operator may commence a flight referred to in subsection (1) where

    • (a) the aeroplane is turbine-powered;

    • (b) the foreign air operator holds a valid authorization or equivalent document issued by the state of the foreign air operator for extended range twin-engined operations; and

    • (c) the foreign air operator is authorized to do so in its Canadian foreign air operator certificate.

Canadian Minimum Navigation Performance Specifications (CMNPS) or North Atlantic Minimum Navigation Performance Specifications (NAT-MNPS) Airspace

[SOR/2006-77, s. 25(F)]
  •  (1) Subject to subsection (2), no foreign air operator shall commence a flight in Canada in an aircraft that is intended to be operated in airspace designated as CMNPS or NAT-MNPS unless

    • (a) the aircraft has been certified by the state of registry as meeting the minimum navigation performance specifications contained in the North Atlantic MNPS Airspace Operations Manual;

    • (b) the foreign air operator holds a valid authorization or equivalent document issued by the state of the foreign air operator or the state of registry for flight operations in airspace designated as CMNPS or NAT-MNPS; and

    • (c) the foreign air operator is authorized to do so in its Canadian foreign air operator certificate.

  • (2) A foreign air operator may, in airspace designated as CMNPS, commence a flight in Canada in an aircraft that has not been certified in accordance with paragraph (1)(a) where the appropriate ATC unit indicates that the aircraft can be accommodated without penalizing CMNPS-certified aircraft.

Routes in Uncontrolled Airspace

 No foreign air operator commencing a flight in Canada shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the foreign air operator

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

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

 
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