Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-10-13 and last amended on 2017-09-15. Previous Versions

Quality Assurance Program — Integrated Course

 A flight training unit that conducts an integrated course shall establish and maintain a quality assurance program that meets the requirements of section 426.14 of the personnel licensing standards in order to ensure that the flight training unit continues to comply with the conditions and specifications in the flight training unit operator certificate.

  • SOR/2006-352, s. 18;
  • SOR/2015-160, s. 20.

[406.15 to 406.18 reserved]

Division III — Personnel

Duties of Certificate Holder in Respect of Maintenance

  •  (1) The holder of an operator certificate issued in respect of a flight training unit that operates an aeroplane or a helicopter shall

    • (a) appoint a person responsible for the maintenance control system;

    • (b) subject to subsection (4), ensure that the person responsible for the maintenance control system has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations;

    • (c) ensure that the person responsible for the maintenance control system demonstrates to the Minister knowledge of the topics set out in subsection 426.36(1) of the personnel licensing standards within 30 days after their appointment;

    • (d) ensure that the person responsible for the maintenance control system performs the duties referred to in subsections 406.36(1) and 406.47(2) and (3);

    • (e) provide the person responsible for the maintenance control system with the financial and human resources necessary to ensure that the holder of the flight training unit operator certificate meets the requirements of these Regulations;

    • (f) authorize the person responsible for the maintenance control system to remove aircraft from operation if the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public; and

    • (g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 406.47.

  • (2) The Minister shall conduct an interview with the person appointed under paragraph (1)(a) to assess their knowledge of the topics referred to in paragraph (1)(c).

  • (3) The Minister shall notify the person appointed under paragraph (1)(a) of the results of the assessment and identify any deficiencies in their knowledge of the topics within ten days after the interview.

  • (4) The knowledge requirement set out in paragraph (1)(b) does not apply in respect of

    • (a) a person responsible for the maintenance control system who held that position on January 1, 1997; or

    • (b) the holder of an aircraft maintenance engineer (AME) licence.

  • (5) The holder of a flight training unit operator certificate shall ensure that no person is appointed to be responsible for the maintenance control system or remains responsible for the system if, at the time of their appointment or during their tenure, they have a record of conviction for

    • (a) an offence under section 7.3 of the Act; or

    • (b) two or more offences under any of sections 605.84 to 605.86 not arising from a single occurrence.

  • SOR/2005-173, s. 11.

[406.20 reserved]

Appointment of Chief Flight Instructor

  •  (1) Subject to subsections (3) and (4), a flight training unit shall

    • (a) appoint a chief flight instructor; and

    • (b) ensure that the person appointed as chief flight instructor meets the requirements set out in section 406.22.

  • (2) A flight training unit shall inform the Minister within 10 working days after

    • (a) the appointment of a chief flight instructor; or

    • (b) any change in the appointment of a chief flight instructor.

  • (3) With the authorization of the Minister, a flight training unit may, for a period of up to 60 days, continue flight training operations without a chief flight instructor if the flight training unit complies with the personnel licensing standards.

  • (4) With the authorization of the Minister, a flight training unit may, for a period of up to six months, continue flight training operations with a chief flight instructor who is subject to a prohibition regarding the exercise of the privileges of a permit, licence or rating pursuant to section 404.06, if the flight training unit complies with the personnel licensing standards.

  • SOR/2006-352, s. 19.

Requirements for Chief Flight Instructor

 No person shall act as a chief flight instructor unless the person

  • (a) has the qualifications required for the position, as set out in the personnel licensing standards; and

  • (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as set out in the personnel licensing standards.

Requirements for Assistant Chief Flight Instructor

 No flight training unit shall appoint a person as an assistant chief flight instructor and no person shall act as an assistant chief flight instructor unless the person

  • (a) has the qualifications required for the position, as set out in the personnel licensing standards; and

  • (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor.

  • SOR/2006-352, s. 20.

Appointment of Check Instructor

 A flight training unit conducting an integrated course in accordance with Division VIII of this Subpart shall

  • (a) appoint a check instructor; and

  • (b) ensure that the person appointed as check instructor meets the requirements set out in section 406.22.3.

  • SOR/2006-352, s. 20.

Requirements for Check Instructor

 No person shall act as a check instructor unless the person is a chief flight instructor or

  • (a) has the qualifications required for the position, as set out in the personnel licensing standards; and

  • (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor.

  • SOR/2006-352, s. 20.

Appointment of Flight Instructors

 No flight training unit shall appoint a person as a flight instructor unless the person is qualified in accordance with section 405.21.

Requirements for Ground Instructors

 No flight training unit shall appoint a person as a ground instructor and no person shall act as a ground instructor unless the person holds a flight instructor rating in the appropriate category or meets the personnel licensing standards.

  • SOR/2006-352, s. 21.

Operational Personnel Records

 A flight training unit shall, at its main base or sub-base, as applicable, establish, maintain and retain for at least two years after an entry is made, for each ground instructor, each flight instructor and every other member of its operational personnel, a record that meets the personnel licensing standards.

  • SOR/2006-352, s. 21.

Aircraft Familiarization

 No flight training unit shall assign a person to conduct flight training in an aircraft unless the person is familiar with the flight characteristics, operating limitations and operational performance data specified in the aircraft flight manual or equivalent document.

[406.27 to 406.30 reserved]

Division IV — Aircraft

Aircraft Registration Requirements

 No flight training unit that is a person described in paragraph 406.04(a) shall operate an aircraft in a flight training service in Canada unless

  • (a) the aircraft is registered in Canada under Division II of Subpart 2 of Part II or in another contracting state;

  • (b) where the aircraft is registered in another contracting state, the Minister has authorized its operation; and

  • (c) in the case of an aircraft other than an ultra-light aeroplane, the aircraft type is approved for operation in Canada.

  • SOR/2001-49, s. 28.

Aircraft Flight Authority

 No flight training unit shall operate an aircraft in a flight training service unless

  • (a) in the case of a flight training unit that operates an aeroplane or a helicopter, a certificate of airworthiness that meets the requirements of Article 31 of the Convention has been issued for the aircraft pursuant to section 507.02;

  • (b) in the case of a flight training unit that operates a glider, a balloon or a gyroplane, a flight authority has been issued for the aircraft pursuant to Subpart 7 of Part V; and

  • (c) the aircraft meets the requirements of section 405.23.

 
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