Canadian Aviation Regulations (SOR/96-433)

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

Preservation and Return of Aircraft

 Where the Minister detains an aircraft pursuant to paragraph 8.7(1)(d) of the Act, the Minister shall

  • (a) take reasonable care to preserve it; and

  • (b) return it to the person who had custody of it when it was detained or to the person who is lawfully entitled to possession of it, where the Minister has reasonable grounds to believe that the aircraft

    • (i) will not be operated, or

    • (ii) is airworthy or will be rendered airworthy prior to operation and will not be operated in an unsafe manner.

Interpretation

 Nothing in these Regulations shall be construed as requiring the Minister to make repairs or modifications to anything seized or detained pursuant to paragraph 8.7(1)(c) or (d) of the Act.

Division VI — Definition of Principal

Definition of Principal

 For the purposes of paragraphs 6.71(1)(c) and 7.1(1)(c) of the Act, principal means

  • (a) in respect of an air operator,

    • (i) any person who is employed or contracted by the air operator on a full- or part-time basis as the operations manager, the chief pilot or the person responsible for the maintenance control system, or any person who occupies an equivalent position,

    • (ii) any person who exercises control over the air operator as an owner, and

    • (iii) the accountable executive appointed by the air operator under section 106.02;

  • (b) in respect of a private operator,

    • (i) any person who is employed or contracted by the private operator on a full- or part-time basis as the operations manager, maintenance manager or chief pilot, or any person who occupies an equivalent position, and

    • (ii) any person who exercises control over the private operator as an owner;

  • (c) in respect of an approved maintenance organization,

    • (i) any person who is employed or contracted by the approved maintenance organization on a full- or part-time basis as the person responsible for maintenance,

    • (ii) any person who exercises control over the approved maintenance organization as an owner; and

    • (iii) the accountable executive appointed by the approved maintenance organization under section 106.02;

  • (d) in respect of an approved training organization,

    • (i) any person who is responsible for the quality control system, or any person who occupies an equivalent position, and

    • (ii) any person who exercises control over the approved training organization as an owner;

  • (e) in respect of a flight training unit,

    • (i) the chief flight instructor,

    • (ii) any person who is employed or contracted by the flight training unit on a full- or part-time basis as the person responsible for the maintenance control system,

    • (iii) any person who exercises control over the flight training unit as an owner, and

    • (iv) the accountable executive appointed by the flight training unit under section 106.02;

  • (f) in respect of a manufacturer of aeronautical products,

    • (i) any person who is responsible for the quality control system, or any person who occupies an equivalent position, and

    • (ii) any person who exercises control over the manufacturer as an owner;

  • (g) in respect of a distributor of aeronautical products,

    • (i) any person who is responsible for the product control system, or any person who occupies an equivalent position, and

    • (ii) any person who exercises control over the distributor as an owner;

  • (h) in respect of an airport,

    • (i) any person who is employed or contracted by its operator on a full- or part-time basis as the airport manager, or any person who occupies an equivalent position,

    • (ii) any person who exercises control over the airport as an owner, and

    • (iii) the accountable executive appointed by its operator under paragraph 106.02(1)(a); and

  • (i) in respect of a provider of air traffic services,

    • (i) any person who is employed or contracted by the provider of air traffic services on a full- or part-time basis as the operations manager, or any person who occupies an equivalent position,

    • (ii) any person who exercises control over the provider of air traffic services as an owner, and

    • (iii) the accountable executive appointed by the provider of air traffic services under paragraph 106.02(1)(a).

  • SOR/2005-173, s. 7;
  • SOR/2007-290, s. 2;
  • SOR/2014-131, s. 3.
 
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