Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2016-06-06 and last amended on 2015-08-31. Previous Versions

Requirement to Hold a Flight Training Unit Operator Certificate

  •  (1) Subject to subsections (2) and (3), no person shall operate a flight training service in Canada using an aeroplane or helicopter in Canada unless the person holds a flight training unit operator certificate that authorizes the person to operate the service and complies with the conditions and operations specifications set out in the certificate.

  • (2) A person who does not hold a flight training unit operator certificate may operate a flight training service if

    • (a) the person holds a private operator registration document or an air operator certificate, the aircraft used for training — in the case of the holder of an air operator certificate — is specified in the air operator certificate, and the training is other than toward obtaining a pilot permit — recreational, a private pilot licence, a commercial pilot licence or a flight instructor rating; or

    • (b) the trainee is

      • (i) the owner, or a member of the family of the owner, of the aircraft used for training,

      • (ii) a director of a corporation that owns the aircraft used for training, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence, or

      • (iii) using an aircraft that has been obtained from a person who is at arm’s length from the flight instructor, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence.

  • (3) In the case of flight training conducted under subparagraph (2)(b)(iii), the flight instructor shall

    • (a) notify the Minister in writing of

      • (i) the name and address of the person to receive the training,

      • (ii) the registration of the aircraft to be used,

      • (iii) the type of training to be conducted,

      • (iv) the location of the training operations, and

      • (v) the name and licence number of the flight instructor; and

    • (b) provide the information to the Minister

      • (i) prior to commencing training operations,

      • (ii) within 10 working days after any change to the information, and

      • (iii) when the training is discontinued.

  • SOR/2003-129, s. 10;
  • SOR/2014-131, s. 10.

Eligibility to Hold a Flight Training Unit Operator Certificate

 A person is eligible to hold a flight training unit operator certificate if the person is

  • (a) a Canadian; or

  • (b) a citizen, permanent resident or corporation of the United States of America or Mexico.

Notification Requirement

  •  (1) No person shall operate a flight training unit using a glider, balloon, gyroplane or ultra-light aeroplane in Canada unless the person notifies the Minister in writing of

    • (a) the legal name, trade name and address of the operator of the flight training unit;

    • (b) the base of operations;

    • (c) the category of aircraft;

    • (d) the type of flight training to be conducted; and

    • (e) the name of the flight instructor who will be responsible for operational control of the flight training operations.

  • (2) The information referred to in subsection (1) shall be provided to the Minister by the flight training unit

    • (a) prior to commencing flight training operations;

    • (b) within 10 working days after any change in the information; and

    • (c) upon the service being discontinued.

[406.06 to 406.10 reserved]

Division II — Certification

Issuance or Amendment of a Flight Training Unit Operator Certificate

  •  (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue or amend a flight training unit operator certificate where the applicant demonstrates to the Minister the ability to

    • (a) maintain an adequate organizational structure;

    • (b) maintain operational control;

    • (c) comply with maintenance requirements;

    • (d) meet the personnel licensing standards; and

    • (e) 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 are employed on a full-time basis and who perform the duties related to the following positions:

      • (i) chief flight instructor,

      • (ii) flight instructor,

      • (iii) ground instructor, and

      • (iv) if the applicant does not hold an approved maintenance organization certificate, a maintenance manager;

    • (c) aircraft that are properly equipped for and flight crew members who are qualified for the type of flight training that is being conducted;

    • (d) an operational control system that meets the requirements of section 406.50;

    • (e) a training program that meets the requirements of this Subpart;

    • (f) legal custody and control of at least one aircraft or, in the case of an applicant for a flight training unit operator certificate who conducts an integrated course, one aircraft of each class of aircraft that is to be operated;

    • (g) in the case of an applicant for a flight training unit operator certificate who conducts an integrated course or who operates a sub-base, a flight training operations manual that meets the requirements of section 406.61 and, in the case of an applicant who conducts an integrated course, a training manual that meets the requirements of section 406.62; and

    • (h) a maintenance control system approved under this Subpart.

  • SOR/2006-352, s. 15.

Contents of a Flight Training Unit Operator Certificate

 A flight training unit operator certificate shall contain the following information:

  • (a) the legal name, trade name and address of the flight training unit;

  • (b) the number of the certificate;

  • (c) the effective date of certification;

  • (d) the date of issue of the certificate;

  • (e) the general conditions identified in section 406.13;

  • (f) specific conditions with respect to

    • (i) the main base and, if applicable, for flight training units conducting training in accordance with a flight training operations manual, sub-bases,

    • (ii) the class and type of aeroplane or the type of helicopter, and

    • (iii) the type of training authorized; and

  • (g) where the flight training unit complies with the personnel licensing standards, operations specifications with respect to

    • (i) in the case of a flight training unit that operates aeroplanes or helicopters, the conduct of flight training operations on a temporary basis at a satellite base, and

    • (ii) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.

  • SOR/2006-352, s. 16.

General Conditions of a Flight Training Unit Operator Certificate

 A flight training unit operator certificate shall contain the following general conditions:

  • (a) the flight training unit shall maintain the organizational structure referred to in paragraph 406.11(1)(a);

  • (b) the flight training unit shall have the personnel referred to in the personnel licensing standards;

  • (c) the flight training unit shall have aircraft that are properly equipped for the geographic area of operation and the type of authorized training;

  • (d) the flight training unit shall maintain its aircraft in accordance with the maintenance requirements of Parts V and VI and Division IV of this Subpart;

  • (e) the flight training unit shall conduct flight training in accordance with the provisions of Subpart 5 and Division V of this Subpart and, if the flight training unit conducts an integrated course or operates a sub-base, it shall also conduct flight training in accordance with the flight training operations manual;

  • (f) the flight training unit shall, when required to establish and maintain a training manual in accordance with section 406.62, conduct training in accordance with that training manual; and

  • (g) the flight training unit shall notify the Minister of any change in its legal name, trade name, base of operations or managerial personnel within 10 working days after the change.

  • (h) [Repealed, SOR/2015-160, s. 19]

  • SOR/2001-49, s. 27;
  • SOR/2006-352, s. 17;
  • SOR/2015-160, s. 19.
 
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