Canadian Aviation Regulations (SOR/96-433)

[701.31 to 701.36 reserved]

Subpart 2 — Aerial Work

Division I — General

Application

• 702.01 (1) Subject to subsection (2), this Subpart applies in respect of the operation of an aeroplane or helicopter in aerial work involving

  • (a) the carriage on board of persons other than flight crew members;

  • (b) the carriage of helicopter Class B, C or D external loads;

  • (c) the towing of objects; or

  • (d) the dispersal of products.

• (2) This Subpart does not apply in respect of the operation of an ultra-light aeroplane, or in respect of the operation of an aircraft in aerial work involving sightseeing operations.

Aircraft Operation

702.02 No air operator shall operate an aircraft under this Subpart unless the air operator complies with the conditions and operations specifications in an air operator certificate issued to that operator by the Minister pursuant to section 702.07.

[702.03 to 702.06 reserved]

Division II — Certification

Issuance or Amendment of Air Operator Certificate

• 702.07 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend an air operator certificate where the applicant demonstrates to the Minister the ability to

  • (a) maintain an adequate organizational structure;

  • (b) maintain an operational control system;

  • (c) meet training program requirements;

  • (d) comply with maintenance requirements;

  • (e) meet the Commercial Air Service Standards for the operation; and

  • (f) 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 meet the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely,

    • (i) operations manager,

    • (ii) chief pilot, and

    • (iii) where the applicant does not hold an approved maintenance organization (AMO) certificate, maintenance manager;

  • (c) the ground handling services and equipment necessary to ensure the safe handling of its flights;

  • (d) aircraft that are properly equipped for and flight crew members who are qualified for the area of operation and the type of operation;

  • (e) an operational control system that meets the requirements of section 702.12;

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

  • (g) legal custody and control of at least one aircraft of each category of aircraft that is to be operated;

  • (h) a company operations manual that meets the requirements of sections 702.81 and 702.82; and

  • (i) a maintenance control system approved pursuant to Subpart 6.

Contents of Air Operator Certificate

702.08 An air operator certificate shall contain

• (a) the legal name, trade name and address of the air operator;

• (b) the number of the air operator certificate;

• (c) the effective date of certification;

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

• (e) the general conditions identified in section 702.09;

• (f) specific conditions with respect to

  • (i) the areas of operation authorized,

  • (ii) the types of service authorized,

  • (iii) the types of aircraft authorized and, if applicable, their registration, and any operational restrictions, and

  • (iv) the main base and, if applicable, sub-bases; and

• (g) where the air operator complies with the Commercial Air Service Standards, operations specifications with respect to

  • (i) aircraft performance, equipment and emergency equipment requirements,

  • (ii) instrument approach procedures,

  • (iii) operations over a built-up area or in an aerial work zone,

  • (iv) the carriage of persons other than flight crew members and persons whose presence on board an aircraft is essential during flight,

  • (v) special weather minima authorizations,

  • (vi) authorizations concerning flight crew member complement,

  • (vii) navigation system authorizations,

  • (viii) pilot training and pilot proficiency checks,

  • (ix) special helicopter procedures,

  • (x) the air operator maintenance control system approved pursuant to Subpart 6,

  • (xi) leasing arrangements, and

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

General Conditions of Air Operator Certificate

702.09 An air operator certificate shall contain the following general conditions:

• (a) the air operator shall conduct flight operations in accordance with its company operations manual;

• (b) the air operator shall maintain an adequate organizational structure;

• (c) the air operator shall employ managerial personnel who meet the Commercial Air Service Standards;

• (d) the air operator shall conduct training in accordance with its training program approved pursuant to this Subpart;

• (e) the air operator shall maintain aircraft that are properly equipped for the area of operation and the type of operation;

• (f) the air operator shall employ crew members who are qualified for the area of operation and the type of operation;

• (g) the air operator shall maintain its aircraft in accordance with the requirements of Subpart 6;

• (h) the air operator shall maintain operational support services and equipment that meet the Commercial Air Service Standards;

• (i) the air operator shall notify the Minister within 10 working days after

  • (i) changing its legal name, its trade name, its main base, a sub-base or its managerial personnel, or

  • (ii) ceasing to operate a type of aircraft authorized under this Subpart; and

• (j) the air operator shall conduct a safe operation.

[702.10 reserved]

Division III — Flight Operations

Operating Instructions

• 702.11 (1) An air operator shall ensure that all operations personnel are properly instructed about their duties and about the relationship of their duties to the operation as a whole.

• (2) The operations personnel of an air operator shall follow the procedures specified in the air operator’s company operations manual in the performance of their duties.

Operational Control System

702.12 No air operator shall operate an aircraft unless the air operator has an operational control system that meets the Commercial Air Service Standards and is under the control of its operations manager.

Flight Authorization

702.13 No person shall commence a flight unless the flight has been authorized in accordance with the procedures specified in the air operator’s company operations manual.

Operational Flight Plan

702.14 No air operator shall permit a person to commence a flight unless an operational flight plan that meets the Commercial Air Service Standards has been prepared in accordance with the procedures specified in the air operator’s company operations manual.

Maintenance of Aircraft

702.15 No air operator shall permit a person to conduct a take-off in an aircraft that has not been maintained in accordance with the air operator’s maintenance control system.

Carriage of Persons

702.16 No air operator shall allow a person who is not a flight crew member to be carried on board an aircraft unless

• (a) the person’s presence on board is essential during the flight;

• (b) the air operator is authorized in its air operator certificate to permit parachute descents and the person is a parachutist; or

• (c) the air operator

  • (i) is authorized in its air operator certificate to carry a person, and

  • (ii) complies with the Commercial Air Service Standards.

VFR Flight Minimum Flight Visibility — Uncontrolled Airspace

• 702.17 (1) Where an aeroplane is operated in day VFR flight within uncontrolled airspace at less than 1,000 feet AGL, a person may, for the purposes of subparagraph 602.115(c)(i), operate the aeroplane when flight visibility is less than two miles if the person

  • (a) is authorized to do so in an air operator certificate; and

  • (b) complies with the Commercial Air Service Standards.

• (2) Where a helicopter is operated in day VFR flight within uncontrolled airspace at less than 1,000 feet AGL, a person may, for the purposes of subparagraph 602.115(d)(i), operate the helicopter when flight visibility is less than one mile if the person

  • (a) is authorized to do so in an air operator certificate; and

  • (b) complies with the Commercial Air Service Standards.

Night, VFR OTT and IFR Operations

• 702.18 (1) Subject to subsection (2), no air operator shall operate an aircraft at night, in VFR OTT flight or in IFR flight

  • (a) while towing;

  • (b) while carrying a helicopter Class B, C or D external load;

  • (c) while dispersing products; or

  • (d) where the aircraft is a single-engined aircraft.

• (2) An air operator may operate an aircraft at night, in VFR OTT flight or in IFR flight in any of the cases referred to in subsection (1), if the air operator

  • (a) is authorized to do so in its air operator certificate; and

  • (b) complies with the Commercial Air Service Standards.

• (3) No air operator shall operate an aircraft at night with persons other than flight crew members on board unless

  • (a) the pilot-in-command has an instrument rating;

  • (b) the air operator is authorized in its air operator certificate to permit parachute descents and night VFR flight and

    • (i) the persons are parachutists,

    • (ii) the flight takes place within 10 nautical miles of the aerodrome of departure, and

    • (iii) the flight takes place at night; or

  • (c) the air operator is authorized in its air operator certificate to carry persons, other than parachutists, and the air operator complies with the Commercial Air Service Standards.

Entering or Leaving a Helicopter in Flight

702.19 For the purposes of paragraph 602.25(2)(b), the pilot-in-command of a helicopter may permit a person to enter or leave the helicopter in flight

• (a) where

  • (i) the helicopter is operated at a low hover,

  • (ii) the person is able to enter directly from or alight directly onto the supporting surface,

  • (iii) the air operator is authorized to do so in its air operator certificate, and

  • (iv) the air operator complies with the Commercial Air Service Standards; or

• (b) where

  • (i) the helicopter is operated to enable hoisting or rappelling, and

  • (ii) the air operator complies with section 702.21.

Aircraft Operating over Water

702.20 No air operator shall, except when conducting a take-off or landing, operate a land aircraft over water, beyond a point where the land aircraft could reach shore in the event of an engine failure, unless the air operator

• (a) is authorized to do so in its air operator certificate; and

• (b) complies with the Commercial Air Service Standards.

Helicopter Class D External Loads

• 702.21 (1) Subject to subsection (2), no air operator shall operate a helicopter to carry a helicopter Class D external load unless

  • (a) the helicopter is a multi-engined helicopter that meets the transport category engine-isolation requirements of Chapter 529 of the Airworthiness Manual and that is capable of hovering with one engine inoperative at the existing weight and altitude;

  • (b) the air operator is authorized to do so in its air operator certificate; and

  • (c) the air operator complies with the Commercial Air Service Standards.

• (2) An air operator may operate a helicopter other than a helicopter described in paragraph (1)(a) to carry a helicopter Class D external load if the air operator

  • (a) is authorized to do so in its air operator certificate; and

  • (b) complies with the Commercial Air Service Standards.

Built-up Area and Aerial Work Zone

• 702.22 (1) For the purposes of subsection 602.13(1), a person may conduct a take-off, approach or landing in an aircraft within a built-up area of a city or town at a place other than an airport, heliport or a military aerodrome, if the person

  • (a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and

  • (b) complies with the Commercial Air Service Standards.

• (2) For the purposes of paragraph 602.15(2)(a), a person may operate an aircraft over a built-up area at altitudes and distances less than those specified in paragraph 602.14(2)(a), if the person

  • (a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and

  • (b) complies with the Commercial Air Service Standards.

• (3) For the purposes of subsection 602.16(2), a person may operate a helicopter that is carrying a helicopter Class B, C or D external load over a built-up area or in an aerial work zone, if the person

  • (a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and

  • (b) complies with the Commercial Air Service Standards.