Canadian Aviation Regulations (SOR/96-433)

Qualifications of Operational Control Personnel

• 703.89 (1) No air operator shall permit a person to act and no person shall act in an operational control position unless that person has fulfilled the training requirements set out in this Subpart and has demonstrated to the air operator the knowledge and abilities required by the Commercial Air Service Standards.

• (2) A person who has not acted in an operational control position within the previous three months shall, prior to acting in an operational control position, satisfy the air operator that the person still has the knowledge and abilities referred to in subsection (1).

Check Authority

• 703.90 (1) A pilot proficiency check shall be conducted by the Minister.

• (2) Any other check required under this Subpart may be conducted by the Minister.

Validity Period

• 703.91 (1) Subject to subsections (2) and (3), the validity period of a pilot proficiency check, a competency check and the annual training referred to in section 703.98 expires on the first day of the thirteenth month following the month in which the pilot proficiency check, competency check or training was completed.

• (2) Where a pilot proficiency check, a competency check or annual training is renewed within the last 90 days of its validity period, its validity period is extended by 12 months.

• (3) The Minister may extend the validity period of a pilot proficiency check, a competency check or annual training by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.

• (4) Where the validity period of a pilot proficiency check, a competency check or annual training has been expired for 24 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.

[703.92 to 703.97 reserved]

Division VIII — Training

Training Program

• 703.98 (1) Every air operator shall establish and maintain a ground and flight training program that is

  • (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and

  • (b) approved by the Minister in accordance with the Commercial Air Service Standards.

• (2) An air operator’s ground and flight training program shall include

  • (a) company indoctrination training;

  • (b) upgrading training;

  • (c) initial and annual training, including

    • (i) aircraft type training,

    • (ii) aircraft servicing and ground handling training,

    • (iii) emergency procedures training,

    • (iv) training for operational control personnel, and

    • (v) aircraft surface contamination training for pilots and other operations personnel;

  • (c.1) initial training followed by training every three years on underwater egress for seaplane pilots; and

  • (d) any other training required to ensure a safe operation under this Subpart.

• (3) An air operator shall

  • (a) include a detailed syllabus of its ground and flight training program in its company operations manual;

  • (b) ensure that qualified personnel are provided for its ground and flight training program, in accordance with the Commercial Air Service Standards; and

  • (c) establish and maintain a safety awareness program concerning the adverse effects of aircraft surface contamination and provide the program to all flight operations personnel who are not required to receive the training described in subparagraph (2)(c)(v).

• (4) An air operator shall have a fatigue management training program for its flight crew members that contains

  • (a) personal fatigue management strategies relating to

    • (i) sleep hygiene,

    • (ii) lifestyle, exercise and diet, and

    • (iii) the consumption of alcohol and drugs;

  • (b) the impact of fatigue on aviation safety;

  • (c) sleep requirements and the science relating to fatigue;

  • (d) the causes and consequences of fatigue;

  • (e) how to recognize fatigue in themselves and in others;

  • (f) sleep disorders, their impact on aviation safety and treatment options; and

  • (g) human and organizational factors that may cause fatigue, including

    • (i) sleep quality and duration,

    • (ii) the impact of shift work and overtime,

    • (iii) the circadian rhythm, and

    • (iv) the effects of changes of time zones.

Training and Qualification Records

• 703.99 (1) Every air operator shall, for each person who is required to receive training under this Subpart, establish and maintain a record of

  • (a) the person’s name and, where applicable, personnel licence number, type and ratings;

  • (b) if applicable, the person’s medical category and the expiry date of that category;

  • (c) the dates on which the person, while in the air operator’s employ, successfully completed any training, pilot proficiency check, competency check or examination required under this Subpart or obtained any qualification required under this Subpart;

  • (d) information relating to any failure of the person, while in the air operator’s employ, to successfully complete any training, pilot proficiency check, competency check or examination required under this Subpart or to obtain any qualification required under this Subpart; and

  • (e) the type of aircraft or flight training equipment used for any training, pilot proficiency check, competency check or qualification required under this Subpart.

• (2) An air operator shall retain the records referred to in paragraphs (1)(c) and (d) and a record of each pilot proficiency check for at least three years.

• (3) An air operator shall retain a copy of the most recent written examination completed by each pilot for each type of aircraft for which the pilot has a qualification.

Amendments to Training Program

• 703.100 (1) If the Minister determines that an air operator’s training program required under section 703.98 does not include the competencies required for each person who receives training to perform their assigned duties, the Minister shall notify the air operator of

  • (a) the corrective actions that the air operator is required to implement to its training program; and

  • (b) the date by which the air operator is required to submit its amended training program to the Minister for approval under paragraph 703.98(1)(b).

• (2) The air operator referred to in subsection (1) shall submit its amended training program to the Minister on or before the date specified by the Minister under paragraph (1)(b).

[703.101 to 703.103 reserved]

Division IX — Manuals

Requirements Relating to Company Operations Manual

• 703.104 (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of section 703.105.

• (2) An air operator shall submit its company operations manual, and any amendments to that manual, to the Minister.

• (3) Where there is a change in any aspect of an air operator’s operation or where the company operations manual no longer meets the Commercial Air Service Standards, the air operator shall amend its company operations manual.

• (4) The Minister shall, where the Commercial Air Service Standards are met, approve those parts of a company operations manual, and any amendments to those parts, that relate to the information required by section 703.105.

Contents of Company Operations Manual

• 703.105 (1) A company operations manual, which may be issued in separate parts corresponding to specific aspects of an operation, shall include the instructions and information necessary to enable the personnel concerned to perform their duties safely and shall contain the information required by the Commercial Air Service Standards.

• (2) A company operations manual shall be such that

  • (a) all parts of the manual are consistent and compatible in form and content;

  • (b) the manual can be readily amended;

  • (c) the manual contains an amendment control page and a list of the pages that are in effect; and

  • (d) the manual has the date of the last amendment to each page specified on that page.

Distribution of Company Operations Manual

• 703.106 (1) Subject to subsection (2), an air operator shall provide a copy of the appropriate parts of its company operations manual, including any amendments to those parts, to each of its crew members and to its ground operations and maintenance personnel.

• (2) An air operator may place a copy of the appropriate parts of its company operations manual in each aircraft that it operates, instead of providing a copy to each crew member, if the air operator has established in its company operations manual procedures for amending that manual.

• (3) Every person who has been provided with a copy of the appropriate parts of a company operations manual pursuant to subsection (1) shall keep it up to date with the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.

Standard Operating Procedures

• 703.107 (1) Every air operator shall, for each of its aircraft that is required to be operated by two or more pilots, establish and maintain standard operating procedures that enable the crew members to operate the aircraft within the limitations specified in the aircraft flight manual and that meet the Commercial Air Service Standards.

• (2) An air operator that has established standard operating procedures for an aircraft shall ensure that a copy of the standard operating procedures is carried on board the aircraft.

[703.108 and 703.109 reserved]

Subpart 4 — Commuter Operations

Division I — General

Application

704.01 This Subpart applies in respect of the operation by a Canadian air operator, in an air transport service or in aerial work involving sightseeing operations, of any of the following aircraft:

• (a) a multi-engined aeroplane that has a MCTOW of 8 618 kg (19,000 pounds) or less and a seating configuration, excluding pilot seats, of 10 to 19 inclusive;

• (b) a turbo-jet-powered aeroplane that has a maximum zero fuel weight of 22 680 kg (50,000 pounds) or less and for which a Canadian type certificate has been issued authorizing the transport of not more than 19 passengers;

• (b.1) a multi-engined helicopter with a seating configuration, excluding pilot seats, of 10 to 19 inclusive, unless it is certified for operation with one pilot and operated under VFR; and

• (c) any aircraft that is authorized by the Minister to be operated under this Subpart.

Aircraft Operation

704.02 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 704.07.

[704.03 to 704.06 reserved]

Division II — Certification

Issuance or Amendment of Air Operator Certificate

• 704.07 (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 have been approved by the Minister in accordance with 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) operational support services and equipment that meet the Commercial Air Service Standards;

  • (d) after January 1, 1997, where a master minimum equipment list has been established for a type of aircraft, a minimum equipment list for each aircraft of that type, approved by the Minister in accordance with the procedures specified in the MMEL/MEL Policy and Procedures Manual;

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

  • (f) an operational control system that meets the requirements of section 704.15;

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

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

  • (i) a company operations manual that meets the requirements of sections 704.120 and 704.121; and

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

Contents of Air Operator Certificate

704.08 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 704.09;

• (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, scheduled points 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) enroute aerodrome authorizations and limitations,

  • (iv) special weather minima authorizations,

  • (v) authorizations concerning flight crew member qualifications and flight crew member complement,

  • (vi) navigation system authorizations,

  • (vii) pilot training and pilot proficiency checks,

  • (viii) special helicopter procedures,

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

  • (x) leasing arrangements, and

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