Canadian Aviation Regulations (SOR/96-433)

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

Elementary Work

 No air operator shall authorize a person to perform, without supervision, a task that is elementary work set out in the Aircraft Equipment and Maintenance Standards unless the person

  • (a) has satisfactorily completed training for the task under a training program required by section 706.12; and

  • (b) has previously performed that task under the direct supervision of the holder of an aircraft maintenance engineer (AME) licence or a training organization approved pursuant to Subpart 3 of Part IV.

Servicing

 An air operator shall ensure that each person who performs or requests the performance of servicing has satisfactorily completed training, under a training program required by section 706.12, for the servicing to be performed.

Training Program

 An air operator shall implement a training program to ensure that persons who are authorized to perform a function under this Subpart are trained in respect of the regulations, standards and air operator procedures applicable to that function, as specified in the Commercial Air Service Standards.

Personnel Records

  •  (1) An air operator shall establish, maintain and retain for at least two years after an entry is made, for each affected person, a record of

    • (a) all personal qualifications in respect of any appointment made pursuant to section 706.03;

    • (b) any authorization to perform elementary work given in accordance with section 706.10 and incorporated in the maintenance control manual (MCM) in accordance with the Commercial Air Service Standards; and

    • (c) all training conducted pursuant to section 706.12.

  • (2) The air operator shall provide a copy of each record required by subsection (1) to the person to whom the record refers on the completion of any training or the giving of an authorization referred to in paragraph (1)(b).

Service Difficulty Reporting

 The holder of an air operator certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates.

  • SOR/2009-280, s. 36.

Safety Management System

 The holder of an air operator certificate issued under section 705.07 shall, for all maintenance control activities performed under this Subpart, adhere to the requirements set out in section 705.151 or 705.154 with respect to a safety management system.

  • SOR/2005-173, s. 27.

Part VIII — Air Navigation Services

Interpretation

  •  (1) In this Part,

    air traffic control unit

    air traffic control unit[Repealed, SOR/2002-352, s. 4]

    air traffic services

    air traffic services or ATS includes air traffic control services, air traffic advisory services and flight information services; (services de la circulation aérienneouATS)

    ATS operations certificate

    ATS operations certificate[Repealed, SOR/2007-290, s. 11]

    emergency assistance services

    emergency assistance services means services provided for the purpose of

    • (a) assisting aircraft in a state of emergency, including aircraft in the uncertainty, alert and distress phases,

    • (b) assisting aircraft involved in a hijacking, or

    • (c) alerting rescue coordination agencies of missing or overdue aircraft; (services d’urgence)

    flight information services

    flight information services[Repealed, SOR/2002-352, s. 4]

    operational location

    operational location means the physical location of an operational air traffic control unit or flight service station. (emplacement opérationnel)

  • (2) Any reference in this Part to an annex to the Convention includes the differences notified to ICAO by the Government of Canada in respect of the standards specified in that annex.

  • SOR/2002-352, s. 4;
  • SOR/2007-290, s. 11.

Application

 This Part does not apply in respect of any air navigation services that are provided by or under the authority of the Minister of National Defence.

[800.03 to 800.08 reserved]

Subpart 1 — Air Traffic Services

General

  •  (1) No person shall act as an air traffic controller or a flight service specialist

    • (a) within eight hours after consuming alcohol;

    • (b) while under the influence of alcohol; or

    • (c) while under the influence of any drug or other substance that impairs the person’s faculties to the extent that aviation safety is affected.

  • (2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except

    • (a) in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and

    • (b) in the case of international airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air navigation services, in accordance with the standards contained in Chapter 3 of Annex 11 to the Convention.

  • SOR/2002-352, s. 5.

Services to Be Provided in Class A, B, C, D and E Airspace

  •  (1) Where air traffic control services are provided to aircraft operating in Class A or Class B airspace, the services shall include separation between aircraft.

  • (2) Where air traffic control services are provided to aircraft operating in Class C airspace, the services shall include

    • (a) conflict resolution between IFR aircraft and VFR aircraft;

    • (b) conflict resolution between VFR aircraft on request;

    • (c) traffic information; and

    • (d) separation between IFR aircraft and between all aircraft during runway operations.

  • (3) Where air traffic control services are provided to aircraft operating in Class D airspace, the services shall include

    • (a) traffic information; and

    • (b) separation between IFR aircraft, and between all aircraft during runway operations.

  • (4) Where air traffic control services are provided to aircraft operating in Class E airspace, the services shall include separation between IFR aircraft.

  • SOR/2002-352, s. 6.

Requirement for ATS Operations Certificate

 No person shall operate an air traffic control unit or a flight service station unless the person holds and complies with the provisions of an ATS operations certificate that authorizes the person to operate the air traffic control unit or flight service station.

Application for ATS Operations Certificate

 An applicant for an ATS operations certificate shall submit to the Minister

  • (a) an application for an ATS operations certificate; and

  • (b) a copy of the proposed ATS site manual for each operational location to be listed on the certificate.

Issuance of ATS Operations Certificate

  •  (1) Subject to section 6.71 of the Act, the Minister shall issue an ATS operations certificate to an applicant, authorizing the applicant to operate an air traffic control unit or a flight service station, if

    • (a) the applicant demonstrates that

      • (i) it has personnel who are qualified to provide an air traffic service at the operational location of the air traffic control unit or flight service station, and

      • (ii) the air traffic control unit or flight service station will be operated in a manner that provides for safe aircraft operations; and

    • (b) an ATS site manual for the operational location has been approved by the Minister.

  • (2) The Minister shall approve an ATS site manual if it

    • (a) accurately describes the operational location of the air traffic control unit or flight service station; and

    • (b) contains the information required pursuant to section 801.07.

 
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