Canadian Aviation Regulations (SOR/96-433)

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

Aircraft Operation

 No air operator shall operate an aircraft under this Subpart unless the air operator complies with the conditions and operations specifications in an air operator certificate issued to that operator by the Minister pursuant to section 704.07.

[704.03 to 704.06 reserved]

Division II — Certification

Issuance or Amendment of Air Operator Certificate

  •  (1) 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 an air operator certificate where the applicant demonstrates to the Minister the ability to

    • (a) maintain an adequate organizational structure;

    • (b) maintain an operational control system;

    • (c) meet training program requirements;

    • (d) comply with maintenance requirements;

    • (e) meet the Commercial Air Service Standards for the operation; and

    • (f) conduct the operation safely.

  • (2) For the purposes of subsection (1), an applicant shall have

    • (a) a management organization capable of exercising operational control;

    • (b) managerial personnel who have been approved by the Minister in accordance with the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely,

      • (i) operations manager,

      • (ii) chief pilot, and

      • (iii) where the applicant does not hold an approved maintenance organization (AMO) certificate, maintenance manager;

    • (c) operational support services and equipment that meet the Commercial Air Service Standards;

    • (d) after January 1, 1997, where a master minimum equipment list has been established for a type of aircraft, a minimum equipment list for each aircraft of that type, approved by the Minister in accordance with the procedures specified in the MMEL/MEL Policy and Procedures Manual;

    • (e) aircraft that are properly equipped for and flight crew members who are qualified for the area of operation and the type of operation;

    • (f) an operational control system that meets the requirements of section 704.15;

    • (g) a training program that meets the requirements of this Subpart;

    • (h) legal custody and control of at least one aircraft of each category of aircraft that is to be operated;

    • (i) a company operations manual that meets the requirements of sections 704.120 and 704.121; and

    • (j) a maintenance control system approved pursuant to Subpart 6.

Contents of Air Operator Certificate

 An air operator certificate shall contain

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

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

  • (c) the effective date of certification;

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

  • (e) the general conditions identified in section 704.09;

  • (f) specific conditions with respect to

    • (i) the areas of operation authorized,

    • (ii) the types of service authorized,

    • (iii) the types of aircraft authorized and, if applicable, their registration, and any operational restrictions, and

    • (iv) the main base, scheduled points and, if applicable, sub-bases; and

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

    • (i) aircraft performance, equipment and emergency equipment requirements,

    • (ii) instrument approach procedures,

    • (iii) enroute aerodrome authorizations and limitations,

    • (iv) special weather minima authorizations,

    • (v) authorizations concerning flight crew member qualifications and flight crew member complement,

    • (vi) navigation system authorizations,

    • (vii) pilot training and pilot proficiency checks,

    • (viii) special helicopter procedures,

    • (ix) the air operator maintenance control system approved pursuant to Subpart 6,

    • (x) leasing arrangements, and

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

  • SOR/2009-152, s. 13.

General Conditions of Air Operator Certificate

 An air operator certificate shall contain the following general conditions:

  • (a) the air operator shall conduct flight operations in accordance with its company operations manual;

  • (b) the air operator shall maintain an adequate organizational structure;

  • (c) the air operator shall employ managerial personnel who meet the Commercial Air Service Standards;

  • (d) the air operator shall conduct training in accordance with its training program approved pursuant to this Subpart;

  • (e) the air operator shall maintain aircraft that are properly equipped for the area of operation and the type of operation;

  • (f) the air operator shall employ crew members who are qualified for the area of operation and the type of operation;

  • (g) the air operator shall maintain its aircraft in accordance with the requirements of Subpart 6;

  • (h) the air operator shall maintain operational support services and equipment that meet the Commercial Air Service Standards;

  • (i) the air operator shall notify the Minister within 10 working days after

    • (i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point or its managerial personnel, or

    • (ii) ceasing to operate a type of aircraft authorized under this Subpart; and

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

  • SOR/2009-152, s. 14.

[704.10 and 704.11 reserved]

Division III — Flight Operations

Operating Instructions

  •  (1) An air operator shall ensure that all operations personnel are properly instructed about their duties and about the relationship of their duties to the operation as a whole.

  • (2) The operations personnel of an air operator shall follow the procedures specified in the air operator’s company operations manual in the performance of their duties.

General Operational Information

 Every air operator shall establish a system for the timely dissemination of general operational information that includes a means for each crew member to acknowledge receipt of such information.

Scheduled Air Service Requirements

  •  (1) Subject to subsection (2), every air operator that operates a scheduled air service for the purpose of transporting persons shall operate the service between airports or heliports or between an airport or heliport and a military aerodrome.

  • (2) An air operator may operate a scheduled air service for the purpose of transporting persons between an airport and an aerodrome other than a military aerodrome or between two aerodromes if the air operator is authorized to do so in its air operator certificate.

  • SOR/2007-87, s. 15.

Operational Control System

 No air operator shall operate an aircraft unless the air operator has an operational control system that meets the Commercial Air Service Standards and is under the control of its operations manager.

 
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