Canadian Aviation Regulations (SOR/96-433)

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

Reporting Schedule

 The owner of a Canadian aircraft shall submit the Annual Airworthiness Information Report to the Minister by not later than the anniversary of the day on which the aircraft’s flight authority was issued or another date agreed on, beforehand, by the owner and the Minister.

Subpart 7 — Flight Authority and Certificate of Noise Compliance

[SOR/2000-404, s. 1]

Application

 This Subpart applies in respect of aircraft, other than ultra-light aeroplanes and hang gliders, that are

  • (a) Canadian aircraft; or

  • (b) operated in Canadian airspace.

Certificate of Airworthiness

 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.

  • SOR/2009-280, s. 24.

Special Certificate of Airworthiness

 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

 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

 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

  •  (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

 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

  •  (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.

  • SOR/2003-154, s. 4.

Operating Conditions

 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

 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.

  • SOR/2002-112, s. 2.

Duration of a Flight Authority

 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

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

Replacing a Lost or Destroyed Flight Authority

 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.

  • SOR/2003-154, s. 5.

[507.14 to 507.19 reserved]

Certificate of Noise Compliance

 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.

  • SOR/2000-404, s. 2.

Application for a Certificate of Noise Compliance

  •  (1) An application for a certificate of noise compliance shall be signed by the owner or operator of the aircraft in respect of which it is submitted or by a representative of the owner within the meaning of Chapter 507 of the Airworthiness Manual.

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

  • (3) An applicant for a certificate of noise compliance shall include with the application evidence that the aircraft meets the noise emission levels referred to in section 507.20.

  • SOR/2000-404, s. 2.

Suspension of a Certificate of Noise Compliance

 A certificate of noise compliance is suspended and shall be surrendered to the Minister on request if the aircraft in respect of which it was issued no longer meets the noise emission levels referred to in section 507.20.

  • SOR/2000-404, s. 2.

Validation of a Foreign Certificate of Noise Compliance

 In the process of validating a foreign flight authority in respect of an aircraft under section 507.05, if a foreign certificate of noise compliance is in effect in respect of the aircraft, the Minister shall validate the foreign certificate of noise compliance in the form and manner specified for the validation of the flight authority.

  • SOR/2000-404, s. 2.

Subpart 9 — Export Airworthiness Certificates

Application

 This Subpart applies in respect of the following aircraft if they meet the export requirements specified in Chapter 509 of the Airworthiness Manual, except for aircraft that are operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, ultra-light aeroplanes and hang gliders:

  • (a) new aircraft manufactured in Canada;

  • (b) Canadian aircraft in respect of which a Certificate of Airworthiness has been issued pursuant to Subpart 7; or

  • (c) aircraft that were last registered in Canada but are no longer registered in any state.

  • SOR/2002-112, s. 3.
 
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