Division X — Notice to Owners
Two or More Persons As Owners
202.73 For the purposes of this Subpart, where two or more persons are the registered owners of a Canadian aircraft, a request, notice or document is duly given to each registered owner of the aircraft if the request, notice or document is given to the person who, pursuant to the Aircraft Marking and Registration Standards, has been identified as the nominee for that purpose, at the last address for that person recorded in the Canadian Civil Aircraft Register.
Subpart 3 — Operation of a Leased Aircraft by a Non-Registered Owner
203.01 In this Subpart,
- “Canadian air operator”
“Canadian air operator” includes the holder of a flight training unit operator certificate issued under Subpart 6 of Part IV and the holder of a private operator certificate issued under Subpart 4 of Part VI; (exploitant aérien canadien)
“lease” means an agreement in respect of the operation of an aircraft that
(a) specifies a commencement and a termination date,
(b) gives the lessee legal custody and control, and the right to exclusive possession and use, of the aircraft during its term, and
(c) may include provisions respecting the operation of the aircraft for hire or reward; (location)
- “leasing operation”
“leasing operation” means the operation of an aircraft pursuant to this Subpart; (utilisation d’aéronefs loués)
- “operator certificate”
“operator certificate” includes an air operator certificate, a flight training unit operator certificate and a private operator certificate. (certificat d’exploitation)
- SOR/97-120, s. 1;
- SOR/2000-405, s. 17.
203.02 (1) This Subpart applies to the following persons in respect of the operation of a leased aircraft by the lessee if the aircraft is registered in the name of the lessor:
(a) a Canadian air operator that leases a Canadian aircraft from another Canadian air operator;
(b) a foreign air operator that leases a Canadian aircraft from a Canadian air operator that is operating under Part IV, VI or VII;
(c) a Canadian air operator that is operating under Part IV, VI or VII and that leases an aircraft registered in a foreign state; and
(d) a foreign air operator that leases a Canadian aircraft from a Canadian aircraft manufacturer.
(2) This Subpart does not apply in respect of the operation of a private aircraft.
- SOR/97-120, s. 1;
- SOR/2000-405, s. 18.
Leasing Operations — General
203.03 (1) No person who is not the registered owner of an aircraft shall operate the aircraft as part of a leasing operation without an authorization issued pursuant to subsection (2) unless
(a) the lessor and the lessee each hold a Canadian operator certificate issued in respect of the aircraft type to be operated;
(b) the lessee is qualified to be the registered owner of a Canadian aircraft;
(c) the maintenance control system referred to in section 406.35 or 706.02 and the maintenance schedule approved by the Minister under subsection 605.86(2) are, during the term of the lease, equivalent for the lessor and the lessee;
(d) the crew members of the aircraft are employed by the lessee; and
(e) the registered owner informs the Minister in writing, no later than seven days after the term of the lease commences, of
(i) the registration mark, manufacturer model designation and serial number of the aircraft,
(ii) the names, addresses and telephone numbers, and facsimile numbers, if any, of the registered owner and the lessee,
(iii) the Canadian operator certificate number and the approved maintenance organization certificate numbers of the lessor and the lessee,
(iv) the commencement and termination dates of the lease,
(v) the name of the person who is responsible for the maintenance of the aircraft during the term of the lease, and
(vi) the address of the main maintenance base for the aircraft.
(2) Subject to section 203.08, the Minister shall, on receipt of an application from a Canadian air operator that conforms with the Standards Respecting the Operation of a Leased Aircraft by a Non-Registered Owner and that includes evidence that establishes that the Canadian air operator meets those standards, issue a written authorization to the Canadian air operator permitting the operation of a Canadian or foreign aircraft by the Canadian air operator, or the operation of a Canadian aircraft by a foreign operator, as part of a leasing operation, and shall specify in the authorization those conditions governing the operation that are necessary to ensure aviation safety.
(3) An authorization issued pursuant to subsection (2) expires on the earliest of
(a) the date on which the lease is terminated,
(b) the date specified by the Minister in the authorization,
(c) the date on which the certificate of registration of the aircraft is cancelled,
(d) the date on which the operator certificate is suspended or cancelled, and
(e) the date on which there is a change in any of the information that was submitted in support of the application referred to in subsection (2) and on which the issuance of the authorization was based.
(4) Where an authorization is required under subsection (1) and has been issued under subsection (2), no person shall operate a leased aircraft unless the authorization is carried on board.
(5) If a leasing advisory is provided to the Minister under subsection (1), no person shall operate a leased aircraft unless a copy of the advisory is carried on board.
- SOR/97-120, s. 1;
- SOR/2000-405, s. 19;
- SOR/2005-341, s. 3.
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