Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-10-13 and last amended on 2017-09-15. Previous Versions

[704.118 and 704.119 reserved]

Division IX — Manuals

Requirements relating to Company Operations Manual

  •  (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of section 704.121.

  • (2) An air operator shall submit its company operations manual, and any amendments to that manual, to the Minister.

  • (3) Where there is a change in any aspect of an air operator’s operation or where the company operations manual no longer meets the Commercial Air Service Standards, the air operator shall amend its company operations manual.

  • (4) The Minister shall, where the Commercial Air Service Standards are met, approve those parts of a company operations manual, and any amendments to those parts, that relate to the information required by section 704.121.

Contents of Company Operations Manual

  •  (1) A company operations manual, which may be issued in separate parts corresponding to specific aspects of an operation, shall include the instructions and information necessary to enable the personnel concerned to perform their duties safely and shall contain the information required by the Commercial Air Service Standards.

  • (2) A company operations manual shall be such that

    • (a) all parts of the manual are consistent and compatible in form and content;

    • (b) the manual can be readily amended;

    • (c) the manual contains an amendment control page and a list of the pages that are in effect; and

    • (d) the manual has the date of the last amendment to each page specified on that page.

Distribution of Company Operations Manual

  •  (1) Subject to subsection (2), an air operator shall provide a copy of the appropriate parts of its company operations manual, including any amendments to those parts, to each of its crew members and to its ground operations and maintenance personnel.

  • (2) An air operator may place a copy of the appropriate parts of its company operations manual in each aircraft that it operates, instead of providing a copy to each crew member, if all amendments to the manual are included in the system for the dissemination of general operational information referred to in section 704.13.

  • (3) Every person who has been provided with a copy of the appropriate parts of a company operations manual pursuant to subsection (1) shall keep it up to date with the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.

Aircraft Operating Manual

  •  (1) An air operator may establish and maintain an aircraft operating manual for the use and guidance of crew members in the operation of its aircraft.

  • (2) An aircraft operating manual shall contain

    • (a) the aircraft operating procedures; and

    • (b) where the aircraft flight manual is not carried on board the aircraft, the aircraft performance data and limitations specified in the aircraft flight manual, which shall be clearly identified as aircraft flight manual requirements.

  • (3) An air operator that has established an aircraft operating manual shall ensure that a copy of the manual is carried on board each aircraft to which it relates.

Standard Operating Procedures

  •  (1) Every air operator shall, for each of its aircraft that is required to be operated by two or more pilots, establish and maintain standard operating procedures that enable the crew members to operate the aircraft within the limitations specified in the aircraft flight manual and that meet the Commercial Air Service Standards.

  • (2) An air operator that has established standard operating procedures for an aircraft shall ensure that a copy of the standard operating procedures is carried on board the aircraft.

  • (3) Where an air operator has established an aircraft operating manual, the standard operating procedures for the aircraft shall form part of that manual.

[704.125 to 704.127 reserved]

Subpart 5 — Airline Operations

Division I — General

Application

 This Subpart applies in respect of the operation by a Canadian air operator, in an air transport service or in aerial work involving sightseeing operations, of any of the following aircraft:

  • (a) an aeroplane, other than an aeroplane authorized to operate under Subpart 4, that has a MCTOW of more than 8 618 kg (19,000 pounds) or for which a Canadian type certificate has been issued authorizing the transport of 20 or more passengers;

  • (b) a helicopter that has a seating configuration, excluding pilot seats, of 20 or more; or

  • (c) any aircraft that is authorized by the Minister to be operated under this Subpart.

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 705.07.

Operations Manager

  •  (1) The operations manager shall manage the activities of the air operator in accordance with the company operations manual established under section 705.134.

  • (2) The operations manager appointed under paragraph 700.09(1)(a) shall, where a finding resulting from a quality assurance program established under section 706.07 or a safety management system referred to in section 705.151 is reported to them,

    • (a) determine what, if any, corrective actions are required and carry out those actions;

    • (b) keep a record of any determination made under paragraph (a) and the reason for it;

    • (c) if management functions have been assigned to another person under subsection (3) or (4), communicate any determination regarding a corrective action to that person; and

    • (d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

  • (3) The operations manager may assign the management functions for the entire safety management system referred to in section 705.151 to another person if the assignment and its scope are described in the air operator's company operations manual.

  • (4) The operations manager may assign the management functions for specific duties to another person if the assignment and its scope are described in the air operator's company operations manual.

  • (5) The responsibility of the operations manager is not affected by the assignment of management functions to another person under subsection (3) or (4).

  • SOR/2005-173, s. 22.

Holder of More Than One Certificate

 If the holder of an air operator certificate issued under section 705.07 is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for maintenance appointed under paragraph 573.03(1)(a) shall, where a finding resulting from a quality assurance program established under section 706.07 is reported to them,

  • (a) determine what, if any, corrective actions are required and carry out those actions;

  • (b) keep a record of any determination made under paragraph (a) and the reason for it;

  • (c) if management functions have been assigned to another person under subsection 573.04(4) or (5), communicate any determination regarding a corrective action to that person; and

  • (d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

  • SOR/2005-173, s. 22.

[705.05 and 705.06 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 pilots,

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

      • (iv) where flight attendants are required for the operation, flight attendant manager;

    • (c) a safety management system that meets the requirements of Subpart 7 of Part I and section 705.152;

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

    • (e) 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;

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

    • (g) an operational control system that meets the requirements of section 705.20;

    • (h) a training program that meets the requirements of section 705.124;

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

    • (j) a company operations manual that meets the requirements of sections 705.134 and 705.135;

    • (k) a maintenance control system approved pursuant to Subpart 6; and

    • (l) an air operator emergency response plan that has the components set out in subsection 725.07(3) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards.

  • SOR/2005-173, s. 23;
  • SOR/2005-357, s. 7.
 
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