Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2016-05-12 and last amended on 2015-08-31. Previous Versions

Stops

  •  (1) An air operator shall not permit passengers to remain on board an aeroplane during an intermediate stop unless

    • (a) the engines used for the propulsion of the aeroplane are not running;

    • (b) at least one floor-level exit remains open to provide for passenger egress;

    • (c) in the case of an aeroplane operated with only one flight attendant, the flight attendant remains on board;

    • (d) in the case of an aeroplane operated with more than one flight attendant, at least half of the required number of flight attendants — rounded down to the next lower number in the case of fractions, but never less than one — remain on board; and

    • (e) flight attendants are located in the vicinity of the floor-level exits and are ready to initiate and oversee an emergency evacuation.

  • (2) Paragraph (1)(a) does not apply in respect of an engine on a propeller-driven aeroplane if

    • (a) the engine has a propeller brake;

    • (b) the propeller brake is set; and

    • (c) the aeroplane flight manual indicates that the engine may be used as an auxiliary power unit.

  • (3) Paragraph (1)(b) does not apply if the exit is closed or latched for climatic reasons.

  • (4) A flight attendant on board an aeroplane referred to in paragraph (1)(c) or (d) may be replaced by an individual other than a flight attendant if

    • (a) the individual has successfully completed the air operator’s training on the emergency evacuation procedures for the model of that aeroplane in accordance with subsection 725.124(14) or (47) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Services Standards;

    • (b) the individual is identified to the passengers as an acting flight attendant; and

    • (c) the individual is located in the vicinity of a floor-level exit and is ready to initiate and oversee an emergency evacuation.

  • SOR/2015-127, s. 20.

Emergency Duties

  •  (1) An air operator shall, for each model of aeroplane in its fleet that is operated to carry passengers, set out, in its flight attendant manual, the duties to be performed by the flight attendants in an emergency.

  • (2) The air operator shall not operate an aeroplane to carry passengers unless those duties are assigned to flight attendants on board the aeroplane.

  • SOR/2015-127, s. 20.

Emergency Evacuation — Before and During Surface Movements

 An air operator shall, for each aeroplane in its fleet that is operated to carry passengers, have procedures to ensure that

  • (a) at least one floor-level exit provides for passenger egress before the movement of the aeroplane on the surface; and

  • (b) every automatically deployable means of emergency passenger evacuation is ready for immediate use during the movement of the aeroplane on the surface.

  • SOR/2015-127, s. 20.

Single-aisle Aeroplane

 Despite section 605.09, no person shall conduct a take-off in a single-aisle aeroplane that is carrying passengers unless all emergency exits and escape slides are operative.

  • SOR/2015-127, s. 20.

[705.227 reserved]

Subpart 6 — Aircraft Maintenance Requirements for Air Operators

Application

 This Subpart applies to every person who operates an aircraft in a commercial air service under this Part.

Maintenance Control System

 No person shall operate an aircraft unless the aircraft is maintained in accordance with a maintenance control system that

  • (a) meets the requirements of this Subpart; and

  • (b) is described in the air operator’s maintenance control manual (MCM) required by section 706.08.

Duties of Certificate Holder

  •  (1) The holder of an air operator certificate shall

    • (a) appoint a person responsible for the maintenance control system;

    • (b) subject to subsection (4), ensure that the person responsible for the maintenance control system has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations;

    • (c) ensure that the person responsible for the maintenance control system demonstrates to the Minister knowledge of the topics set out in subsection 726.03(1) of Standard 726 — Air Operator Maintenance of the Commercial Air Service Standards within 30 days after their appointment;

    • (d) ensure that the person responsible for the maintenance control system performs the duties referred to in subsections 706.07(2) and (3);

    • (e) provide the person responsible for the maintenance control system with the financial and human resources necessary to ensure that the holder of the air operator certificate meets the requirements of these Regulations;

    • (f) authorize the person responsible for the maintenance control system to remove aircraft from operation if the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public; and

    • (g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 706.07.

  • (2) The Minister shall conduct an interview with the person appointed under paragraph (1)(a) to assess their knowledge of the topics referred to in paragraph (1)(c).

  • (3) The Minister shall notify the person appointed under paragraph (1)(a) of the results of the assessment and identify any deficiencies in their knowledge of the topics within ten days after the interview.

  • (4) The knowledge requirement set out in paragraph (1)(b) does not apply in respect of

    • (a) a person responsible for the maintenance control system who held that position on January 1, 1997; or

    • (b) the holder of an aircraft maintenance engineer (AME) licence.

  • (5) The holder of an air operator certificate shall ensure that no person is appointed to be responsible for the maintenance control system or remains responsible for the system if, at the time of their appointment or during their tenure, they have a record of conviction for

    • (a) an offence under section 7.3 of the Act; or

    • (b) two or more offences under any of sections 605.84 to 605.86 not arising from a single occurrence.

  • (6) The person responsible for maintenance control system of the holder of an air operator certificate may assign the management functions for specific maintenance control activities, to another person if the assignment and its scope are described in the maintenance control manual (MCM) of the air operator.

  • (7) If the holder of an air operator certificate is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person appointed under paragraph (1)(a) shall be the person responsible for maintenance of the AMO appointed under paragraph 573.03(1)(a).

  • SOR/2005-173, s. 25.

Maintenance Personnel and Facilities

 An air operator shall provide the person who is responsible for its maintenance control system with the staff, facilities, technical and regulatory data, supplies and spare parts referred to in the Commercial Air Service Standards that are necessary to ensure compliance with this Subpart.

Defect Rectification and Control Procedures

 An air operator shall include in its maintenance control system the procedures referred to in the Commercial Air Service Standards for

  • (a) recording aircraft defects;

  • (b) ensuring that defects are rectified in accordance with the requirements of these Regulations;

  • (c) detecting defects that recur and identifying those defects as recurring defects; and

  • (d) subject to sections 605.09 and 605.10, scheduling the rectification of defects whose repair has been deferred.

Technical Dispatch Procedures

  •  (1) An air operator shall include in its maintenance control system technical dispatch procedures to ensure that aircraft are not operated unless they are

    • (a) airworthy;

    • (b) appropriately equipped, configured and maintained for their intended use; and

    • (c) maintained in accordance with the air operator’s maintenance control manual (MCM).

  • (2) Where an additional flight authority has been issued in respect of an aircraft pursuant to section 507.08, the technical dispatch procedures required by this section shall include procedures to control the use of that additional flight authority.

  • (3) Where an air operator has a fleet empty weight and balance control program approved in accordance with the Commercial Air Service Standards, the technical dispatch procedures required by this section shall include specific procedures that

    • (a) ensure the quality of the program by meeting the applicable requirements of the Commercial Air Service Standards; and

    • (b) ensure that accurate empty weight and balance data for each aircraft to which the program applies is provided to the flight crew of the aircraft, or is input into the program, prior to each flight.

 
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