Canadian Aviation Regulations (SOR/96-433)

• 705.03 (1) The operations manager shall manage the activities of the air operator in accordance with the company operations manual established under section 705.134.

• (2) The operations manager appointed under paragraph 700.09(1)(a) shall, where a finding resulting from a quality assurance program established under section 706.07 or a safety management system referred to in section 705.151 is reported to them,

  • (a) determine what, if any, corrective actions are required and carry out those actions;

  • (b) keep a record of any determination made under paragraph (a) and the reason for it;

  • (c) if management functions have been assigned to another person under subsection (3) or (4), communicate any determination regarding a corrective action to that person; and

  • (d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

• (3) The operations manager may assign the management functions for the entire safety management system referred to in section 705.151 to another person if the assignment and its scope are described in the air operator's company operations manual.

• (4) The operations manager may assign the management functions for specific duties to another person if the assignment and its scope are described in the air operator's company operations manual.

• (5) The responsibility of the operations manager is not affected by the assignment of management functions to another person under subsection (3) or (4).

705.04 If the holder of an air operator certificate issued under section 705.07 is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for maintenance appointed under paragraph 573.03(1)(a) shall, where a finding resulting from a quality assurance program established under section 706.07 is reported to them,

• (a) determine what, if any, corrective actions are required and carry out those actions;

• (b) keep a record of any determination made under paragraph (a) and the reason for it;

• (c) if management functions have been assigned to another person under subsection 573.04(4) or (5), communicate any determination regarding a corrective action to that person; and

• (d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

[705.05 and 705.06 reserved]

• 705.07 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend an air operator certificate where the applicant demonstrates to the Minister the ability to

  • (a) maintain an adequate organizational structure;

  • (b) maintain an operational control system;

  • (c) meet training program requirements;

  • (d) comply with maintenance requirements;

  • (e) meet the Commercial Air Service Standards for the operation; and

  • (f) conduct the operation safely.

• (2) For the purposes of subsection (1), an applicant shall have

  • (a) a management organization capable of exercising operational control;

  • (b) managerial personnel who have been approved by the Minister in accordance with the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely,

    • (i) operations manager,

    • (ii) chief pilots,

    • (iii) where the applicant does not hold an approved maintenance organization (AMO) certificate, maintenance manager, and

    • (iv) where flight attendants are required for the operation, flight attendant manager;

  • (c) a safety management system that meets the requirements of Subpart 7 of Part I and section 705.152;

  • (d) operational support services and equipment that meet the Commercial Air Service Standards;

  • (e) after January 1, 1997, where a master minimum equipment list has been established for a type of aircraft, a minimum equipment list for each aircraft of that type, approved by the Minister in accordance with the procedures specified in the MMEL/MEL Policy and Procedures Manual;

  • (f) aircraft that are properly equipped for and crew members who are qualified for the area of operation and the type of operation;

  • (g) an operational control system that meets the requirements of section 705.20;

  • (h) a training program that meets the requirements of section 705.124;

  • (i) legal custody and control of at least one aircraft of each category of aircraft that is to be operated;

  • (j) a company operations manual that meets the requirements of sections 705.134 and 705.135;

  • (k) a maintenance control system approved pursuant to Subpart 6; and

  • (l) an air operator emergency response plan that has the components set out in subsection 725.07(3) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards.