Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-09-27 and last amended on 2017-09-15. Previous Versions

Transfer of Airport Certificate

  •  (1) When an airport certificate is transferred, it shall be transferred in accordance with this section.

  • (2) The Minister shall transfer an airport certificate to a transferee where

    • (a) the current holder of the airport certificate, at least 14 days before ceasing to operate the airport, notifies the Minister in writing that the current holder will cease to operate the airport as of the date specified in the notice;

    • (b) the current holder of the airport certificate notifies the Minister in writing of the name of the transferee;

    • (c) the transferee applies in writing to the Minister, within 14 days before the current holder ceases to operate the airport, for the airport certificate to be transferred to the transferee; and

    • (d) the requirements set out in section 302.03 are met.

  • (3) An application referred to in paragraph (2)(c) shall include a copy of the notice referred to in paragraph (2)(a).

Interim Airport Certificate

  •  (1) The Minister may, by mail, telex or facsimile machine, issue to an applicant referred to in section 302.03 or a transferee referred to in section 302.04 an interim airport certificate authorizing the applicant or transferee to operate an aerodrome as an airport if the Minister is satisfied that

    • (a) an airport certificate in respect of the aerodrome will be issued to the applicant or transferred to the transferee as soon as the application procedure in respect of the issuance or transfer is completed; and

    • (b) the issuance of the interim airport certificate is in the public interest and not detrimental to aviation safety.

  • (2) An interim airport certificate issued pursuant to subsection (1) expires on the earlier of

    • (a) the date on which the airport certificate is issued or transferred, and

    • (b) the date specified in the interim airport certificate on which it will expire.

  • (3) Except for paragraph 302.02(1)(b), subsections 302.03(1) and (2) and section 302.08, this Subpart applies in respect of an interim airport certificate in the same manner as it applies in respect of an airport certificate.

Amendment and Cancellation of Airport Certificate

  •  (1) The Minister may, if the requirements of section 302.03 and paragraph 302.08(1)(c) are met, amend an airport certificate where

    • (a) there is a change in the use or operation of the airport;

    • (b) there is a change in the boundaries of the airport; or

    • (c) the holder of the airport certificate requests the amendment.

  • (2) The Minister shall cancel an airport certificate where this Subpart no longer applies in respect of the aerodrome referred to in the airport certificate, as determined in accordance with section 302.01.

Obligations of Operator

  •  (1) The operator of an airport shall

    • (a) comply

      • (i) subject to subparagraph (ii), with the standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the airport certificate was issued,

      • (ii) in respect of any part or facility of the airport that has been replaced or improved, with the standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the part or facility was returned to service, and

      • (iii) with any conditions specified in the airport certificate by the Minister pursuant to subsection 302.03(3);

    • (b) without charge, at the request of a Department of Transport inspector, allow access to airport facilities and provide the equipment necessary to conduct an inspection of the airport;

    • (c) review each issue of each aeronautical information publication on receipt thereof and, immediately after such review, notify the Minister of any inaccurate information contained therein that pertains to the airport;

    • (d) notify the Minister in writing at least 14 days before any change to the airport, the airport facilities or the level of service at the airport that has been planned in advance and that is likely to affect the accuracy of the information contained in an aeronautical information publication;

    • (e) as the circumstances require for the purpose of ensuring aviation safety, inspect the airport

      • (i) as soon as practicable after any aviation occurrence, as that term is defined in section 2 of the Canadian Transportation Accident Investigation and Safety Board Act,

      • (ii) during any period of construction or repair of the airport or of airport facilities that are designated in the airport certificate, and

      • (iii) at any other time when there are conditions at the airport that could be hazardous to aviation safety;

    • (f) subject to paragraph (d), notify the Minister in writing of any change in airport operations within 14 days after the date of the change; and

    • (g) assign duties on the movement area and any other area set aside for the safe operation of aircraft, including obstacle limitation surfaces, at the airport, which are described in the airport operations manual, only to employees who have successfully completed a safety-related initial training course on human and organizational factors.

  • (2) Subject to subsection (3), the operator of an airport shall give to the Minister, and cause to be received at the appropriate air traffic control unit or flight service station, immediate notice of any of the following circumstances of which the operator has knowledge:

    • (a) any projection by an object through an obstacle limitation surface relating to the airport;

    • (b) the existence of any obstruction or hazardous condition affecting aviation safety at or in the vicinity of the airport;

    • (c) any reduction in the level of services at the airport that are set out in an aeronautical information publication;

    • (d) the closure of any part of the manoeuvring area of the airport; and

    • (e) any other conditions that could be hazardous to aviation safety at the airport and against which precautions are warranted.

  • (3) Where it is not feasible for an operator to cause notice of a circumstance referred to in subsection (2) to be received at the appropriate air traffic control unit or flight service station, the operator shall give immediate notice directly to the pilots who may be affected by that circumstance.

  • (4) The operator of an airport may remove from the surface of the airport any vehicle or other obstruction that is likely to be hazardous to aviation safety at or in the vicinity of the airport.

  • SOR/2007-290, s. 8.

Airport Operations Manual

  •  (1) The operator of an airport shall

    • (a) on the issuance of an airport certificate, provide the Minister with a copy of the airport operations manual, as approved by the Minister pursuant to subsection 302.03(2), and distribute copies of the applicable portions to the persons and institutions referred to in the airport operations manual;

    • (b) maintain the airport operations manual; and

    • (c) submit to the Minister for approval any proposed amendment to the airport operations manual.

  • (2) The provisions of this Subpart that apply in respect of the making of an airport operations manual also apply in respect of any amendment to an airport operations manual.

  • (3) An airport operations manual shall set out the standards to be met and the services to be provided by an airport operator.

  • (4) An airport operations manual shall contain

    • (a) a table of contents;

    • (b) any information relating to the administration of the airport, including

      • (i) a record of any amendments to the airport operations manual,

      • (ii) a list of holders of copies of the airport operations manual or of portions thereof,

      • (iii) a description of the procedure for amendment of the airport operations manual,

      • (iv) a description of the organizational structure and operational procedures of the airport management,

      • (v) an enumeration of the obligations of the operator referred to in section 302.07,

      • (vi) an undertaking, signed by the operator, in respect of the operator’s obligations under paragraphs 302.07(1)(c) and (d),

      • (vii) a statement, signed by the operator, certifying that the airport operations manual is complete and accurate, and that the operator agrees to comply with all of the conditions and specifications referred to therein,

      • (viii) a statement, signed by the Minister, that the Minister has approved the airport operations manual and any amendments thereto, and

      • (ix) a copy of any agreement or memorandum of understanding that affects the operation of the airport;

    • (c) all of the information necessary to verify that the airport meets the applicable standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the airport certificate was issued, and satisfies any conditions specified by the Minister pursuant to subsection 302.03(3) in respect of

      • (i) physical characteristics,

      • (ii) obstacle limitation surfaces,

      • (iii) declared distances,

      • (iv) lighting,

      • (v) markers,

      • (vi) markings,

      • (vii) signs,

      • (viii) emergency response measures,

      • (ix) airport safety measures,

      • (x) access to the movement area and control procedures, and

      • (xi) apron management plans and apron safety plans;

    • (d) an enumeration of the facilities and services provided and the measures in effect at the airport, including

      • (i) movement area maintenance services,

      • (ii) measures for the removal of disabled aircraft,

      • (iii) air traffic services and aeronautical information and communication services,

      • (iv) navigation aids, and

      • (v) aviation weather services;

    • (e) a description of movement area services and facilities provided at the discretion of the operator; and

    • (f) with respect to the safety management system required under section 107.02,

      • (i) a description of the system’s components specified in section 302.502, and

      • (ii) a list of the titles, dates and locations of any documents that are not in the airport operations manual and that describe how the operator is meeting its obligations with respect to the safety management system.

  • (5) The operator of an airport shall operate the airport in accordance with the airport operations manual.

  • SOR/2007-290, s. 9.
 
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