Canadian Aviation Regulations (SOR/96-433)

408.16 In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, the examiner may have the candidate repeat an item if

• (a) the item is discontinued for safety reasons;

• (b) the examiner intervened on the flight controls to avoid a collision with another aircraft that the candidate could not see;

• (c) the candidate understood the specific nature of the item but did not understand the examiner’s request to perform it; or

• (d) the examiner was distracted to the point of not being able to adequately observe the candidate’s performance of the item.

Incomplete Flight Test

408.17 If the candidate has successfully completed some of the items during a flight test but the flight test cannot be completed for reasons beyond the candidate’s control, the subsequent flight test shall meet the following requirements:

• (a) only the items that the candidate could not perform during the initial flight test shall be performed;

• (b) the candidate shall take the subsequent flight test within

  • (i) 60 days after the date of the incomplete flight test, in the case of a flight test described in Schedule 1 to the flight testing standards, or

  • (ii) 30 days after the date of the incomplete flight test, in the case of a flight test described in Schedules 2 to 18 to the flight testing standards; and

• (c) in the case of a flight test conducted in accordance with Schedule 8 to the flight testing standards, the subsequent flight test shall be conducted using an aircraft in the same instrument rating group as the aircraft used in the initial flight test.

Failure and Re-test — Schedules 1 to 8 to Flight Testing Standards

• 408.18 (1) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, a candidate fails the flight test if

  • (a) the candidate’s performance of an item includes deviations that are repeated or that the candidate either does not recognize or does not correct in a timely manner;

  • (b) the candidate’s handling of the aircraft is rough or includes uncorrected or excessive deviations from specified tolerances;

  • (c) the candidate, as a result of a pilot error or faulty handling of the aircraft, exceeds by more than double the deviation tolerances specified in the table to section 4 of Schedules 1 to 8 of those standards, even if a correction is made;

  • (d) the candidate does not demonstrate the level of technical proficiency or knowledge necessary to carry out the functions of a holder of a licence, permit or rating;

  • (e) the candidate has lapses in situational awareness that are not identified or corrected;

  • (f) the candidate’s flight management skills are ineffective; or

  • (g) the safety of the flight is compromised.

• (2) A candidate who fails not more than two air flight test items described in Schedules 1 to 7 to the flight testing standards may take a re-test of each failed item within:

  • (a) 60 days after the date of the failed test, in the case of a flight test described in Schedule 1 to those standards; or

  • (b) 30 days after the date of the failed test, in the case of a flight test described in Schedules 2 to 7 to those standards.

• (3) A candidate who fails not more than one air flight test item described in Schedule 8 to the flight testing standards may take a re-test of the failed item within 30 days after the date of the failed test.

• (4) A candidate must take a complete re-test for a licence, permit or rating referred to in Schedules 1 to 8 to the flight testing standards if

  • (a) during a flight test, the candidate displays unsafe airmanship or dangerous flying resulting in the flight test being assessed as a failure;

  • (b) the candidate repeatedly fails to use appropriate and effective visual scanning techniques to ensure that the area is cleared before or while performing an item that involves visual manoeuvres;

  • (c) during a complete flight test, the candidate fails any ground flight test item;

  • (d) during a complete flight test, the candidate fails more than two air flight test items in the case of a flight test described in Schedules 1 to 7 to the flight testing standards or more than one air flight test item in the case of a flight test described in Schedule 8 to those standards;

  • (e) the candidate fails an item during a partial re-test; or

  • (f) the candidate does not complete a partial re-test within a period specified in subsection (2).

Failure of a Flight Test — Schedules 9 to 18 to Flight Testing Standards

408.19 In the case of a flight test conducted in accordance with Schedules 9 to 18 to the flight testing standards, a candidate fails the flight test if

• (a) the candidate performs an air flight test item using unsafe airmanship or completes the item with major deviations from the level of competency required for the issuance of a commercial pilot licence — aeroplane or a commercial pilot licence — helicopter;

• (b) the candidate fails to use appropriate and effective visual scanning techniques to ensure that the area is cleared before or while performing an item that involves visual manoeuvres;

• (c) the candidate acts or fails to act in such a manner that the examiner is required to take corrective action to maintain safe flight;

• (d) the candidate instructs, on the ground or in the air, in a manner that the examiner determines would result in a lack of understanding or in a misunderstanding that could lead to a dangerous flight situation;

• (e) the candidate fails to accomplish the aim of one or more of the items of the flight test;

• (f) the candidate does not demonstrate the level of technical proficiency or knowledge necessary to carry out the functions of a holder of a flight instructor rating; or

• (g) the candidate displays an ineffective instructional technique.

Part V — Airworthiness

Interpretation

500.01 In this Part, rotorcraft means a gyroplane or a helicopter.

Subpart 1 — Annual Airworthiness Information Report

Requirement to Report

• 501.01 (1) Subject to subsection (2), the owner of a Canadian aircraft, other than a remotely piloted aircraft having a maximum take-off weight of 25 kg (55 pounds) or less or an ultra-light aeroplane, shall submit to the Minister an Annual Airworthiness Information Report in respect of the aircraft, in the form and manner specified in Chapter 501 of the Airworthiness Manual, either as

  • (a) an individual report; or

  • (b) where approved in conformity with Chapter 501 of the Airworthiness Manual, a consolidated fleet report.

• (2) The submission of the Annual Airworthiness Information Report is not required where the aircraft is out of service and its owner

  • (a) reports, in the form and manner specified in Chapter 501 of the Airworthiness Manual, that the aircraft is out of service and is expected to remain out of service for one or more of the reporting periods for which an Annual Airworthiness Information Report would otherwise be required; and

  • (b) notifies the Minister forthwith when that aircraft is brought back into service.

Information to Be Reported

501.02 The owner of a Canadian aircraft shall provide in the Annual Airworthiness Information Report the information on the characteristics of the aircraft and on the maintenance of its airworthiness that is specified in Chapter 501 of the Airworthiness Manual.

Reporting Schedule

501.03 The owner of a Canadian aircraft shall submit the Annual Airworthiness Information Report to the Minister each year by not later than March 30 following the calendar year for which the Report was prepared or another date agreed on, beforehand, by the owner and the Minister.

Subpart 7 — Flight Authority and Certificate of Noise Compliance

Application

507.01 This Subpart applies in respect of aircraft, other than remotely piloted aircraft having a maximum take-off weight of 25 kg (55 pounds) or less, ultra-light aeroplanes and hang gliders, that are

• (a) Canadian aircraft; or

• (b) operated in Canadian airspace.

Certificate of Airworthiness

507.02 Where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a certificate of airworthiness in respect of an aircraft

• (a) for which an aircraft type design has been certified by the Minister and the certification is not in respect of a restricted category aircraft;

• (b) that conforms to its certified type design; and

• (c) that is safe for flight.

Special Certificate of Airworthiness

507.03 Where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a special certificate of airworthiness in respect of an aircraft that

• (a) meets the criteria for one of the classifications of a special certificate of airworthiness specified in Chapter 507 of the Airworthiness Manual;

• (b) conforms to the applicable type design or, in the case of an amateur-built aircraft, is designed and constructed in a way that ensures its airworthiness, in conformity with the requirements of Chapter 549 of the Airworthiness Manual; and

• (c) is safe for flight.

Flight Permit

507.04 Where an application for a flight authority is made pursuant to section 507.06, the Minister shall issue a flight permit in respect of an aircraft that meets the criteria for one of the classifications of a flight permit specified in Chapter 507 of the Airworthiness Manual and that is safe for flight.

Validation of Foreign Flight Authority

507.05 Where an aircraft is operating under a foreign flight authority that is issued in respect of the aircraft or the fleet of which it is a part and that does not conform to Article 31 of the Convention, and the Minister determines that the aircraft is safe for flight, the Minister shall validate the foreign flight authority, thereby authorizing the operation of the aircraft in Canadian airspace.

Application for Flight Authority

• 507.06 (1) An application for a flight authority shall be signed by the owner of the aircraft in respect of which it is submitted, or by a representative of the owner as defined in Chapter 507 of the Airworthiness Manual.

• (2) A person who applies for a flight authority shall do so in the form and manner specified in Chapter 507 of the Airworthiness Manual.

• (3) An applicant for a flight authority shall include with the application a declaration, made by a person authorized to do so pursuant to section 507.10, attesting that

  • (a) in the case of an application for a certificate of airworthiness, the aircraft meets the requirements of section 507.02;

  • (b) in the case of an application for a special certificate of airworthiness, the aircraft meets the requirements of section 507.03; or

  • (c) in the case of an application for a flight permit, the aircraft meets the requirements of section 507.04.

• (4) In the case of an application to validate a foreign flight authority, the applicant shall submit a copy of the foreign flight authority, including any operational limitation imposed in respect of that flight authority.

• (5) The Minister may inspect, or may cause to be inspected, any aircraft for which an application for flight authority has been made, for the purposes of determining conformity with its type design and compliance with the applicable requirements of these Regulations.

Flight Authority for an Imported Aircraft

507.07 Where an application for a flight authority is made in respect of an aircraft being imported, the applicant must comply with the importation requirements specified in Chapter 507 of the Airworthiness Manual.

Issuance of Additional Flight Authority

• 507.08 (1) Where the owner of an aircraft requests an additional flight authority in accordance with section 507.06 and demonstrates compliance with the applicable standards contained in Standard 507 — Flight Authority and Certificate of Noise Compliance and if the aircraft is safe for flight, the Minister shall issue

  • (a) in the case of an aircraft that has been damaged or has inoperative systems such that it no longer conforms to the conditions of the existing flight authority, an additional flight authority to allow the aircraft to be flown to a location where the required maintenance can be performed; or

  • (b) in the case of an aircraft that has been modified to allow multiple configurations one of which results in the aircraft no longer meeting the conditions of issue of the existing flight authority, an additional flight authority in respect of the new configuration.

• (2) Where an additional flight authority is issued in respect of an aircraft pursuant to this section,

  • (a) the additional flight authority takes effect when an entry indicating that it is in effect, is made in the aircraft journey log; and

  • (b) except where provided for by technical dispatch procedures required by subsection 706.06(1), the flight authority specified in the most recent journey log entry made pursuant to paragraph 571.06(3)(a) remains in effect until a new flight authority is specified.

Operating Conditions

507.09 Where an aircraft does not meet the requirements for the issue of a flight authority that conforms to Article 31 of the Convention, the Minister shall make the flight authority subject to operating conditions where the conditions are required to ensure the safety of the aircraft, other aircraft, persons, animals or property.

Persons Who May Attest to Condition and Conformity

507.10 No person shall make a declaration of an aircraft’s condition or conformity to its certified type design for the purpose of obtaining a flight authority other than the holder of an aircraft maintenance engineer (AME) licence issued pursuant to Part IV or

• (a) in the case of a new aircraft, an authorized representative of the manufacturer; or

• (b) in the case of an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, the owner of the aircraft.

Duration of a Flight Authority

507.11 Unless surrendered, suspended or cancelled, a flight authority issued pursuant to this Subpart remains in force during the period or for the number of flights specified in it or, where no limit is specified, indefinitely, if the aircraft continues to meet the conditions subject to which the flight authority was issued.

Alteration of Document

507.12 No person other than the Minister shall amend a flight authority issued pursuant to this Subpart.

Replacing a Lost or Destroyed Flight Authority

507.13 The Minister shall replace a lost or destroyed flight authority of a Canadian aircraft on receipt of a written application from the registered owner, or from a representative of the owner as specified in Standard 507 — Flight Authority and Certificate of Noise Compliance, if the aircraft continues to meet the requirements for the issue of the flight authority.

[507.14 to 507.19 reserved]

Certificate of Noise Compliance

507.20 If an application for a certificate of noise compliance is made in respect of an aircraft under section 507.21 and the aircraft meets the applicable noise emission levels specified in Chapter 516 of the Airworthiness Manual, the Minister shall issue the certificate.