Canadian Aviation Regulations (SOR/96-433)

Unforeseen Operational Circumstances

• 604.102 (1) Flight duty period may be extended by up to three hours if

  • (a) the pilot-in-command, after consultation with the other flight crew members, considers it safe to do so;

  • (b) the flight duty period is extended as a result of an unforeseen operational circumstance that occurs after the beginning of the flight duty period;

  • (c) the next minimum rest period is extended by an amount of time that is at least equal to the length of the extension of the flight duty period; and

  • (d) the pilot-in-command notifies the private operator of the unforeseen operational circumstances and of the length of the extension of the flight duty period.

• (2) The private operator shall retain a copy of the notification for five years.

Delayed Reporting Time

604.103 When a private operator delays a flight crew member’s reporting time by more than three hours, the flight crew member’s flight duty period is considered to start three hours after the original reporting time if the private operator notifies the flight crew member of the delay

• (a) within 12 hours before the original reporting time; and

• (b) at least one hour before the flight crew member leaves a rest facility.

Time with no Assigned Duties

604.104 No private operator shall assign duties to a flight crew member, and no flight crew member shall accept those duties, unless the private operator provides the flight crew member with one of the following periods with no assigned duties:

• (a) at least 36 consecutive hours in a period of seven consecutive days; or

• (b) at least three consecutive calendar days in a period of 17 consecutive days.

Rest Period — Flight Crew Member Positioning

604.105 If a flight crew member is required by a private operator to travel for the purpose of positioning after the completion of flight duty period, the private operator shall provide the flight crew member with an additional rest period that is at least equal to one half of the time spent for that purpose that is in excess of the flight duty period referred to in paragraphs 604.99(1)(a) and (b).

Controlled Rest on the Flight Deck

• 604.106 (1) No private operator shall allow a flight crew member to take a controlled rest on the flight deck of an aircraft operated by the private operator unless

  • (a) the private operator has a controlled-rest-on-the-flight-deck program that includes the following elements:

    • (i) guidelines on the use of controlled rest, including the factors allowing or preventing its use,

    • (ii) the general principles relating to fatigue and fatigue countermeasures, and

    • (iii) the procedures to be followed by participating crew members before, during and after a controlled rest; and

  • (b) every participating crew member has received training relating to the elements of the controlled-rest-on-the-flight-deck program.

• (2) The pilot-in-command of an aircraft operated by a private operator shall determine whether the flight conditions, the duration of the flight and the physiological condition of the crew members allow a controlled rest on the flight deck to be taken by a flight crew member.

• (3) The pilot-in-command of an aircraft operated by a private operator shall give participating crew members a briefing that includes the following elements:

  • (a) the order in which the periods of controlled rest are to be taken by the flight crew members;

  • (b) the planned duration of each period of controlled rest;

  • (c) the circumstances under which a resting flight crew member is to be woken;

  • (d) the procedures for the transfer of flight controls and duties; and

  • (e) flight attendant duties in relation to a controlled rest.

• (4) The flight crew members on board an aircraft operated by a private operator shall

  • (a) prior to each controlled rest on the flight deck,

    • (i) participate in an operational briefing,

    • (ii) carry out the transfer of duties, and

    • (iii) inform the flight attendants of the controlled rest; and

  • (b) remain on the flight deck during the controlled rest.

• (5) The flight crew member who supervises a controlled rest on the flight deck of an aircraft operated by a private operator shall, during the controlled rest,

  • (a) perform the duties of the resting flight crew member;

  • (b) ensure that the controlled rest is taken only during the cruise portion of the flight and is completed at least 30 minutes before top of descent;

  • (c) ensure that the period of controlled rest is of no more than 45 minutes in duration;

  • (d) ensure that the resting flight crew member is awake for at least 15 minutes before the resumption of duties, except in abnormal or emergency conditions; and

  • (e) after the completion of the controlled rest, give an operational briefing to the flight crew member who has taken the controlled rest.

• (6) For the purposes of this section, participating crew member means the resting flight crew member and the flight crew member who supervises the controlled rest on the flight deck.

[604.107 to 604.115 reserved]

Division VII — Emergency Equipment

Survival Equipment

• 604.116 (1) No person shall operate an aircraft operated by a private operator, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1).

• (2) No person shall operate an aircraft operated by a private operator on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains

  • (a) a life raft repair kit;

  • (b) a bailing bucket and a sponge;

  • (c) a whistle;

  • (d) a waterproof flashlight;

  • (e) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person;

  • (f) a waterproof survival manual that contains information about how to use the survival equipment;

  • (g) a first aid kit that contains antiseptic swabs, burn dressing compresses, bandages and motion sickness pills; and

  • (h) a pyrotechnic signalling device, or an aviation visual distress signal that has a marking applied by the manufacturer indicating that the signal meets the requirements of CAN-TSO-C168, a signalling mirror and a dye marker for visually signalling distress.

• (3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain

  • (a) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; and

  • (b) motion sickness pills.

First Aid Kits

• 604.117 (1) No person shall conduct a take-off in an aircraft operated by a private operator that is configured as follows unless, for the purposes of paragraph 602.60(1)(h), the corresponding number of first aid kits is carried on board and each kit contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations:

  • (a) configured for 0 to 50 passenger seats, one kit;

  • (b) configured for 51 to 150 passenger seats, two kits;

  • (c) configured for 151 to 250 passenger seats, three kits; and

  • (d) configured for 251 or more passenger seats, four kits.

• (2) No person shall conduct a take-off in an aircraft operated by a private operator unless

  • (a) the first aid kits referred to in subsection (1) are distributed throughout the cabin and are readily available to crew members and passengers;

  • (b) each first aid kit is clearly identified; and

  • (c) if a first aid kit is stowed in a bin or compartment, the bin or compartment is clearly marked as containing a first aid kit.

Protective Breathing Equipment

• 604.118 (1) No person shall conduct a take-off in a pressurized aircraft operated by a private operator that has flight attendants on board unless one unit of protective breathing equipment with a 15-minute portable supply of breathing gas at a pressure-altitude of 8,000 feet is available

  • (a) at the entry into each Class A, B, E and F cargo compartment accessible to crew members during flight;

  • (b) at the site of each hand-held fire extinguisher that is located in an isolated galley;

  • (c) on the flight deck; and

  • (d) at the site of each hand-held fire extinguisher that is required under section 604.119.

• (2) If the breathing gas in the protective breathing equipment referred to in subsection (1) is oxygen, each unit of that equipment reduces by 15 minutes the crew member oxygen requirements specified in subsection 605.31(2).

Hand-held Fire Extinguishers

604.119 No person shall conduct a take-off in an aircraft operated by a private operator unless

• (a) hand-held fire extinguishers are available as follows:

  • (i) extinguishers are distributed, in every passenger compartment configured as follows, in the numbers indicated:

    • (A) in a passenger compartment configured for fewer than 20 passenger seats, one extinguisher,

    • (B) in a passenger compartment configured for 20 to 60 passenger seats, two extinguishers,

    • (C) in a passenger compartment configured for 61 to 200 passenger seats, three extinguishers, and

    • (D) in a passenger compartment configured for 201 or more passenger seats, one additional extinguisher for each additional unit of 100 passenger seats,

  • (ii) one extinguisher is located at the entrance to each Class E cargo compartment that is accessible to crew members during flight, and

  • (iii) one extinguisher is located in each isolated galley; and

• (b) if a hand-held fire extinguisher is stowed in a bin or compartment, the bin or compartment is clearly marked as containing a fire extinguisher.

[604.120 to 604.125 reserved]

Division VIII — Maintenance

Maintenance Manager

604.126 The maintenance manager is responsible and accountable for the maintenance control system.

Maintenance Control System

604.127 A private operator shall have, in respect of its aircraft, a maintenance control system that includes

• (a) in the case of a private operator who provides the parts and materials that will be used in the performance of maintenance or elementary work, procedures to ensure that only parts and materials that meet the requirements of Subpart 71 of Part V are used, including

  • (i) the details of part pooling arrangements, if any, that have been entered into by the private operator, and

  • (ii) procedures used for the inspection and storage of incoming parts and materials;

• (b) if the private operator authorizes, for the performance of elementary work, the use of methods, techniques, practices, parts, materials, tools, equipment or test apparatuses referred to in paragraph 571.02(1)(b) or (c), the source of those methods, techniques, practices, parts, materials, tools, equipment or test apparatuses and a general description of the elementary work;

• (c) procedures to ensure that the persons who perform maintenance, elementary work or servicing are authorized to do so under section 604.128;

• (d) procedures to ensure that an aircraft is not returned to service unless it is

  • (i) airworthy, and

  • (ii) equipped, configured and maintained for its intended use;

• (e) a description of the defect reporting and control procedures required by section 604.129;

• (f) the aircraft service information review procedures required by section 604.131;

• (g) procedures to ensure that the records referred to in section 604.132 are established and retained in accordance with that section;

• (h) procedures to ensure that the tasks required by a maintenance schedule or by an airworthiness directive are completed in accordance with Subpart 5 of Part VI;

• (i) procedures to ensure that the particulars relating to aircraft empty weight and empty centre of gravity are entered in accordance with the requirements of Item 2 of Schedule I to Subpart 5 of Part VI;

• (j) a general description of the maintenance schedule required under paragraph 605.86(1)(a) and, in the case of a turbine-powered pressurized aeroplane or a large aeroplane, the approval number of the maintenance schedule approved under subsection 605.86(2); and

• (k) details of the methods used to record the maintenance, elementary work or servicing performed and to ensure that any defects are recorded in the technical records that are required to be kept under subsection 605.92(1).

Maintenance, Elementary Work and Servicing

• 604.128 (1) No private operator shall authorize a person to perform maintenance or elementary work on any of its aircraft unless

  • (a) the person

    • (i) has received the training referred to in subsection 604.182(1), and

    • (ii) in the case of elementary work, has performed that work at least once under the supervision of the holder of an aircraft maintenance engineer (AME) licence or the holder of an approved training organization certificate; or

  • (b) the person is authorized to do so under a written agreement that

    • (i) describes the maintenance or elementary work to be performed, including the specific tasks and activities and the conditions under which they are to be performed, and

    • (ii) provides that the private operator is responsible for ensuring that the maintenance or elementary work is performed.

• (2) If a member of the private operator’s personnel performs servicing on any of the private operator’s aircraft, the private operator shall ensure that the member meets the training requirements set out in subsection 604.182(2).

• (3) A private operator shall retain a copy of the written agreement referred to in paragraph (1)(b) for two years after the day on which the agreement comes into force.