605.37 (1) Subject to subsections (2) and (3), no person operating under Subpart 4 or 5 of Part VII shall conduct a take-off in a turbo-jet-powered aeroplane that has a MCTOW of more than 15 000 kg (33,069 pounds) and for which a type certificate has been issued authorizing the transport of 10 or more passengers, unless the aeroplane is equipped with a GPWS.
(2) An aeroplane referred to in subsection (1) may be operated without a serviceable GPWS if a minimum equipment list has been approved by the Minister in respect of the operator of the aeroplane pursuant to subsection 605.07(3) and the aeroplane is operated in accordance with the minimum equipment list.
(3) Where, in the interests of aviation safety, it is necessary during a flight to deactivate any mode of a GPWS, the pilot-in-command of the aeroplane may deactivate that mode if the deactivation is performed in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.
(4) This section
(a) applies only in respect of aeroplanes manufactured on or before the day on which this subsection comes into force; and
(b) shall cease to apply on the expiry of two years after that day.
- SOR/2012-136, s. 9.
605.38 (1) Subject to subsection (3), no person shall operate an aircraft unless it is equipped with one or more ELTs in accordance with subsection (2).
(2) An aircraft set out in column I of an item of the table to this subsection shall, for the area of operation set out in column II of the item, be equipped with the quantity and type of ELTs referred to in column III of that item, which ELTs shall be armed, if so specified in the aircraft flight manual, aircraft operating manual, pilot operating handbook or equivalent document provided by the manufacturer.
Item Column I Column II Column III Aircraft Area of Operation Minimum Equipment 1. All aircraft except those referred to in subsection (3) Over land One ELT of Type AD, AF, AP, A or F 2. Large multi-engined turbo-jet aeroplanes engaged in an air transport service carrying passengers Over water at a distance from land that requires the carriage of life rafts pursuant to section 602.63 Two ELTs of Type W or S or one of each 3. All aircraft that require an ELT other than those set out in item 2 Over water at a distance from land that requires the carriage of life rafts pursuant to section 602.63 One ELT of Type W or S
(3) An aircraft referred to in subsection (1) may be operated without an ELT on board where the aircraft is
(a) a glider, balloon, airship, ultra-light aeroplane or gyroplane;
(b) [Repealed, SOR/2002-345, s. 2]
(c) registered under the laws of a contracting state or a state that is a party to an agreement entered into with Canada relating to interstate flying, and is equipped with a serviceable radio transmitter that
(i) is approved by the state of registry for search and rescue purposes, and
(ii) has a distinctive audio signal and is capable of communication on the frequency of 121.5 MHz, or simultaneously on the frequencies of 121.5 MHz and 243.0 MHz;
(d) operated by the holder of a flight training unit operating certificate, engaged in flight training and operated within 25 nautical miles of the aerodrome of departure;
(e) engaged in a flight test;
(f) a new aircraft engaged in flight operations incidental to manufacture, preparation or delivery of the aircraft;
(g) operated for the purpose of permitting a person to conduct a parachute descent within 25 nautical miles of the aerodrome of departure; or
(h) operated in accordance with section 605.39.
(4) If an aircraft is equipped with one or more ELTs capable of broadcasting on the frequency of 406 MHz, each ELT shall be registered with
(a) the Canadian Beacon Registry of the National Search and Rescue Secretariat; or
(b) the appropriate authority of the country identified in the coded message transmitted by the ELT.
- SOR/2002-345, s. 2.
- Date modified: