Third Party Operation in Canada
109.06 If an aircraft that is subject to an agreement for the lease, charter or interchange of an aircraft or any similar arrangement is also subject to an agreement in accordance with Article 83 bis of the Convention to which Canada is not a party and is operated in Canada, any references in these Regulations to the “State of registry” with respect to the transferred responsibilities shall be interpreted to read “State of the operator”.
- SOR/2005-354, s. 2.
109.07 If Canada enters into an agreement in accordance with Article 83 bis of the Convention, the agreement and the provisions of this Subpart shall take precedence over any conflicting provisions of these Regulations.
- SOR/2005-354, s. 2;
- SOR/2014-286, s. 2.
Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-Registered Owner
200.01 In this Part,
- aircraft identification plate
aircraft identification plate means a fireproof plate that is attached to an aircraft pursuant to subsection 201.01(2) or (3) and that identifies the aircraft as a whole; (plaque d’identification d’aéronef)
- approval number
approval number means a number assigned by the Minister to a manufacturer to identify the manufacturer as a manufacturer in respect of which a manufacturing approval has been granted in accordance with the applicable standards of airworthiness; (numéro d’agrément)
- certificate of registration
certificate of registration means a certificate of registration issued pursuant to section 202.25 and includes a certificate of registration issued by a contracting state or a foreign state that has an agreement in force with Canada that allows an aircraft that is registered in that foreign state to be operated in Canada; (certificat d’immatriculation)
- commercial aircraft
commercial aircraft means an aircraft that is registered as a commercial aircraft pursuant to sections 202.16 and 202.17; (aéronef commercial)
- identification plate
identification plate means a fireproof plate that contains the identification information referred to in section 201.08, subsection 201.09(2), section 201.10 or subsection 201.11(2); (plaque d’identification)
marks means the nationality mark and the registration mark of an aircraft; (marques)
- nationality mark
nationality mark means a symbol, letter or numeral, or a combination thereof, used by a state to indicate the nationality of aircraft that are registered in that state; (marque de nationalité)
registered, in respect of an aircraft, means registered pursuant to sections 202.16 and 202.17 or pursuant to the laws of a foreign state; (immatriculé)
- registration mark
registration mark means the combination of letters or letters and numerals that is issued in respect of an aircraft by a state as a registration identification; (marque d’immatriculation)
- replica of a military aircraft
replica of a military aircraft means an aircraft of any scale that is a duplicate of an original military aircraft; (réplique d’un aéronef militaire)
- special registration mark
special registration mark means a specific registration mark requested by the applicant; (marque d’immatriculation spéciale)
- state aircraft
state aircraft means an aircraft that is registered as a state aircraft pursuant to sections 202.16 and 202.17; (aéronef d’État)
- vintage aircraft
vintage aircraft means an aircraft that was manufactured prior to January 1, 1957. (aéronef d’époque)
- SOR/2009-280, s. 18.
200.02 (1) Subject to subsection (2), this Part applies in respect of all Canadian aircraft operated in or outside Canada and section 202.01 also applies in respect of aircraft registered in a foreign state while operated in Canada.
(2) Subpart 1 does not apply in respect of aircraft that, pursuant to subsection 202.13(1), are not required to be registered.
Subpart 1 — Identification of Aircraft and Other Aeronautical Products
Aircraft Identification Plates
201.01 (1) Except for an aircraft that is operated pursuant to an authorization issued under subsection 202.14(1), no person shall operate an aircraft in flight unless there is an aircraft identification plate attached to the aircraft in accordance with this Subpart.
(2) Subject to subsection (3), where a person manufactures an aircraft or is an aircraft owner that obtains an authorization referred to in subsection (6), the manufacturer or aircraft owner, as the case may be, shall attach to the aircraft an aircraft identification plate that contains the information required by subsection (4)
(a) in the case of an aircraft other than an ultra-light aeroplane or a balloon, to the structure of the aircraft in a place where it is visible to a person on the ground or to a person at the main entrance or rearmost entrance door;
(b) in the case of an ultra-light aeroplane, in a position near the pilot seat where it is readily visible; and
(c) in the case of a balloon, to the lower or upper girdle of the envelope in a place where it is readily visible prior to inflation.
(3) Where the configuration of an aircraft precludes the attachment of an aircraft identification plate in a location specified in subsection (2), the Minister shall, on application in writing by the manufacturer or owner of the aircraft, authorize an alternative location for the attachment of the aircraft identification plate.
(4) An aircraft identification plate attached to an aircraft shall have the following information permanently etched, engraved or stamped on it, namely,
(5) Where an aircraft does not have an aircraft identification plate, the owner of the aircraft shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to attach an aircraft identification plate to the aircraft.
(6) On receipt of an application submitted in accordance with subsection (5) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner that permits the owner to attach an aircraft identification plate to the aircraft.
(7) Where an authorization is issued by the Minister pursuant to subsection (6), the owner of the aircraft shall attach an aircraft identification plate to the aircraft in accordance with subsection (2) or (3), as applicable.
- SOR/2000-405, s. 2;
- SOR/2003-271, s. 2.
201.02 Where a person modifies an aircraft in accordance with approved data, as that term is defined in section 571.06 of the Airworthiness Manual, and the modification results in a change in the model designation as specified by the manufacturer in the approved data, the person shall, before the next flight of the aircraft, attach to the aircraft, as near as possible to the original aircraft identification plate, an additional aircraft identification plate on which the following information is permanently etched, engraved or stamped:
(a) the name of the person who performed the modification and, if that person is an entity, its legal name;
(b) the new model designation described in the supplemental type certificate or equivalent document;
(c) the supplemental type certificate number or equivalent designation; and
(d) the aircraft serial number.
- SOR/2000-405, s. 3.
Removal, Replacement and Attachment of, and Alteration of Information on, Aircraft Identification Plates
(2) Where the owner of an aircraft wishes to perform one of the actions referred to in subsection (1), the owner shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to perform that action.
(3) On receipt of an application submitted pursuant to subsection (2) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner of the aircraft that permits the owner to perform the action in respect of which the authorization was sought.
(4) Where an authorization is issued by the Minister pursuant to subsection (3), the owner of the aircraft shall perform the authorized action before the next flight of the aircraft.
(5) A person may, without authorization from the Minister, remove an aircraft identification plate from an aircraft for the purpose of performing work on the aircraft.
(6) Any person who removes an aircraft identification plate from an aircraft for the purpose of performing work on the aircraft shall, immediately after completing the work, re-attach the aircraft identification plate in accordance with subsection 201.01(2) or (3) or section 201.02, as applicable.
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