Canadian Aviation Regulations (SOR/96-433)

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

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 705.09;

  • (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 crew member complement,

    • (vi) navigation system authorizations,

    • (vii) pilot training and pilot proficiency checks,

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

    • (ix) leasing arrangements,

    • (x) the use of synthetic flight training devices, and

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

  • SOR/2009-152, s. 17.

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. 18.

[705.10 to 705.15 reserved]

Division III — Flight Operations

Exceptions

  •  (1) Sections 705.40, 705.43, 705.75, 705.77 to 705.79, 705.139 and 705.201 do not apply if nine or fewer persons are on board an aircraft and each person is

    • (a) an employee of the air operator;

    • (b) a person whose presence on board the aircraft is necessary for

      • (i) the safety of the flight,

      • (ii) the safe handling of animals,

      • (iii) the safe handling of dangerous goods,

      • (iv) the security of valuable or confidential cargo,

      • (v) the preservation of fragile or perishable cargo, or

      • (vi) the handling of cargo;

    • (c) a person described in paragraph (b) who is travelling to or from an assignment;

    • (d) an owner or shipper of animals; or

    • (e) a dependant of an employee of the air operator.

  • (2) Any person referred to in subsection (1) may be carried on board an aircraft for which the type certificate does not authorize the transport of passengers.

  • (3) No air operator shall operate an aircraft with a person referred to in subsection (1) on board unless

    • (a) the air operator has established procedures for the transport of that person;

    • (b) the person has unobstructed access from the person’s seat to the flight deck, to an exit or to an emergency exit;

    • (c) the person is provided with a means of two-way communication with the flight crew members;

    • (d) the pilot-in-command has a means of notifying the person when safety belts must be fastened; and

    • (e) the air operator ensures that, before every take-off, the person is given a briefing by a crew member in accordance with the Commercial Air Service Standards.

  • SOR/2015-127, s. 15.

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 and each flight dispatcher to acknowledge receipt of that information.

  • SOR/2009-152, s. 19.

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 or between two aerodromes if the air operator is authorized to do so in its air operator certificate.

  • SOR/2007-87, s. 16.

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.

Flight Authorization

 No person shall commence a flight unless the flight has been authorized in accordance with the procedures specified in the air operator’s company operations manual.

Operational Flight Plan

  •  (1) No air operator shall permit a person to commence a flight unless an operational flight plan that meets the Commercial Air Service Standards has been prepared in accordance with the procedures specified in the air operator’s company operations manual.

  • (1.1) An air operator shall specify in its company operations manual

    • (a) the period for which the operational flight plan referred to in subsection (3) shall be kept;

    • (b) the method of recording the formal approval of the plan by the flight dispatcher; and

    • (c) the method of recording the formal approval of the plan by the pilot-in-command.

  • (2) The pilot-in-command of an aircraft shall ensure that one copy of the operational flight plan is left at a point of departure, in accordance with the procedures specified in the company operations manual, and that another copy is carried on board the aircraft until the aircraft reaches the final destination of the flight.

  • (3) An air operator shall keep a copy of the operational flight plan, including any amendments to the plan, for not less than 90 days.

  • SOR/99-158, s. 9.
 
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