Canadian Aviation Regulations (SOR/96-433)

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

Leasing Operations — International

  •  (1) No person shall operate a leased aircraft if one of the lessor and the lessee of the aircraft is not a Canadian, unless the Minister and the civil aviation authority of the state of the lessor or the lessee have consented to such operation.

  • (2) No person shall operate an aircraft under the circumstances referred to in subsection (1) in a third state, other than Canada and the state of the lessor or the lessee, except in accordance with the laws of the third state.

  • SOR/97-120, s. 1.

Registration of Leased Aircraft

 The certificate of registration of a leased Canadian aircraft operated pursuant to section 203.03 remains valid notwithstanding any change in the legal custody and control of the aircraft that takes place

  • (a) at the commencement or termination of the lease; and

  • (b) where the Minister has issued an authorization pursuant to subsection 203.03(2), at any other time during the term of the lease that is specified in the authorization.

  • SOR/97-120, s. 1.

Forwarding of Airworthiness Directives

  •  (1) Where an authorization has been issued pursuant to subsection 203.03(2) in respect of a Canadian aircraft, the registered owner of the aircraft shall, immediately on receipt of the authorization, forward to the lessee all airworthiness directives that apply to the aircraft.

  • (2) Where an authorization has been issued pursuant to subsection 203.03(2) in respect of an aircraft registered in a foreign state, the Canadian lessee shall ensure that the aircraft conforms with all applicable airworthiness directives.

  • SOR/97-120, s. 1.

Maximum Number of Leased Aircraft

  •  (1) No Canadian air operator shall, pursuant to section 203.03, operate a number of leased aircraft registered in a foreign state that exceeds 25 per cent of the total number of aircraft registered to that Canadian air operator, rounded to the next highest whole number.

  • (2) No Canadian air operator shall, pursuant to section 203.03, lease to foreign air operators a number of aircraft that exceeds 25 per cent of the total number of Canadian aircraft registered to that Canadian air operator, rounded to the next highest whole number.

  • SOR/97-120, s. 1.

Limits on Period of Operation under Authorization

 No authorization shall be issued to a Canadian air operator pursuant to subsection 203.03(2) with respect to the operation of an aircraft registered in a foreign state that would result in

  • (a) the Canadian air operator being issued with one or more such authorizations in respect of aircraft registered in a foreign state for 24 months or more during any period of 30 consecutive months; or

  • (b) the aircraft being the subject of one or more such authorizations issued to a Canadian air operator for 24 months or more during any period of 30 consecutive months.

  • SOR/97-120, s. 1.

Submission of Signed Lease

 A Canadian air operator that has been issued with an authorization by the Minister pursuant to subsection 203.03(2) shall, within seven days after the day on which the authorization was issued, submit to the Minister a signed copy of the lease.

  • SOR/97-120, s. 1.

Part III — Aerodromes, Airports and Heliports

[SOR/2007-87, s. 4]

Interpretation

 In this Part,

aerodrome standards and recommended practices publications

aerodrome standards and recommended practices publications means the following documents, namely,

  • (a) Procedures for the Certification of Aerodromes as Airports,

  • (b) Aerodrome Standards and Recommended Practices, and

  • (c) Heliport and Helideck Standards and Recommended Practices; (publications sur les normes et pratiques recommandées pour les aérodromes)

aeronautical information publications

aeronautical information publications means the following documents, namely,

  • (a) Canada Air Pilot,

  • (b) Canada Flight Supplement,

  • (c) Water Aerodrome Supplement, and

  • (d) A.I.P. Canada; (publications d’information aéronautique)

aircraft emergency

aircraft emergency means a situation that could result in damage to an aircraft at an airport or aerodrome or injury to the persons on board the aircraft; (aéronef en état d’urgence)

airport certificate

airport certificate means a certificate issued pursuant to section 302.03; (certificat d’aéroport)

airport operations manual

airport operations manual means the manual referred to in section 302.08 and includes any amendments to the manual that are approved pursuant to subsection 302.03(2); (manuel d’exploitation d’aéroport)

airside

airside[Repealed, SOR/2003-58, s. 1]

closed marking

closed marking means a cross-shaped marking that

  • (a) has the form and, subject to subsection 301.04(4), the dimensions set out in Schedule I to Subpart 1, and

  • (b) subject to subsection 301.04(8), is in a single contrasting colour, white on runways and yellow on taxiways, that is visible from an aircraft flying at an altitude of 300 m (1,000 feet) above the marking; (marque de zone fermée)

fixed

fixed, in respect of a light, means having a constant luminous intensity when the light is observed from a fixed point; (fixe)

marker

marker means an object displayed above ground level for the purpose of indicating an obstacle or obstruction or delineating a boundary; (balise)

marking

marking means a symbol or group of symbols displayed on the surface of a movement area for the purpose of conveying aeronautical information; (marque)

movement

movement, in respect of an aircraft, means a take-off or landing at an airport or aerodrome; (mouvement)

obstacle limitation surface

obstacle limitation surface[Repealed, SOR/2011-285, s. 3]

operator

operator means the person in charge of an aerodrome, and includes an employee, agent or other authorized representative of that person; (exploitant)

public way

public way means any road, path or sidewalk maintained for the use of members of the public; (voie publique)

Water Aerodrome Supplement

Water Aerodrome Supplement means a publication concerning water aerodromes that is intended to be used to supplement enroute charts and the Canada Air Pilot. (Supplément hydroaérodromes)

  • SOR/97-518, s. 1;
  • SOR/2002-226, s. 1;
  • SOR/2003-58, s. 1;
  • SOR/2011-285, s. 3.

Subpart 1 — Aerodromes

Application

 This Subpart applies in respect of all aerodromes except airports, heliports and military aerodromes.

  • SOR/2007-87, s. 5.

Inspection

 The operator of an aerodrome shall, without charge, at the request of a Department of Transport inspector, allow the inspector access to aerodrome facilities and provide the equipment necessary to conduct an inspection of the aerodrome.

Registration

  •  (1) Subject to subsection (2), where the operator of an aerodrome provides the Minister with information respecting the location, markings, lighting, use and operation of the aerodrome, the Minister shall register the aerodrome and publish the information in the Canada Flight Supplement or the Water Aerodrome Supplement, as applicable.

  • (2) The Minister may refuse to register an aerodrome where the operator of the aerodrome does not meet the requirements of sections 301.05 to 301.09 or where using the aerodrome is likely to be hazardous to aviation safety and, in such a case, shall not publish information with respect to that aerodrome.

  • (3) The operator of an aerodrome registered pursuant to subsection (1) shall notify the Minister immediately after any change is made to the location, marking, lighting, use or operation of the aerodrome that affects the information published by the Minister pursuant to subsection (1).

  • (4) An aerodrome that is listed in the Canada Flight Supplement or the Water Aerodrome Supplement on the coming into force of this Subpart is deemed to be registered pursuant to subsection (1).

 
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