Canadian Aviation Regulations (SOR/96-433)

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

Issuance of Special Authorization

  •  (1) A private operator who wishes to operate an aircraft under a special authorization shall submit to the Minister an application that

    • a) identifies the activity referred to in Division IV that the applicant wishes to carry out; and

    • b) includes a copy of the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization requested.

  • (2) The Minister shall, on receipt of the application referred to in subsection (1), issue a special authorization to the applicant if the applicant

    • (a) holds a private operator registration document;

    • (b) is able to meet the requirements of Division IV relating to the special authorization requested; and

    • (c) has an operations manual that sets out the processes, practices and procedures that are necessary to meet the requirements of Division IV relating to the special authorization requested.

  • SOR/2005-341, s. 5;
  • SOR/2014-131, s. 18.

Notice to the Minister

 A private operator shall notify the Minister if a change is made to the information contained in an application submitted under subsection 604.04(1) within ten days after the day on which the change is made.

  • SOR/2005-341, s. 5;
  • SOR/2014-131, s. 18.

Amendment of Private Operator’s Operations Manual

 A private operator who has been issued a special authorization, and who amends the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization, shall submit to the Minister a copy of that part of the operations manual within ten days after the day on which the amendment is made.

  • SOR/2005-341, s. 5;
  • SOR/2014-131, s. 18.

Duties of a Private Operator

 A private operator shall

  • (a) ensure that no person is appointed operations manager or chief pilot or continues to serve as operations manager or chief pilot if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for

    • (i) an offence under section 7.3 of the Act, or

    • (ii) two or more offences under these Regulations that did not arise from a single incident;

  • (b) ensure that no person is appointed maintenance manager or continues to serve as maintenance manager if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for an offence under section 7.3 of the Act;

  • (c) ensure that the operations manager performs the duties set out in section 604.204;

  • (d) perform the duties set out in section 604.208; and

  • (e) provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the private operator meets the requirements of these Regulations.

  • SOR/2014-131, s. 18.

Accountability

  •  (1) No operations manager, no chief pilot and no maintenance manager shall assign to another person a management function for which he or she is responsible and accountable unless the private operator’s operations manual

    • (a) identifies the functions that may be assigned;

    • (b) identifies either by name or by position the persons to whom those functions may be assigned; and

    • (c) describes the scope of the assignment.

  • (2) The responsibility and accountability of an operations manager, a chief pilot and a maintenance manager are not affected by the assignment of a management function to another person under subsection (1).

  • SOR/2014-131, s. 18.

[604.10 to 604.24 reserved]

 [Repealed, SOR/2014-131, s. 18]

 [Repealed, SOR/2014-131, s. 18]

 [Repealed, SOR/2014-131, s. 18]

 [Repealed, SOR/2014-131, s. 18]

Division II — Flight Operations

Operational Control System

  •  (1) A private operator shall have an operational control system that is adapted to the complexity of the private operator’s operations and to the private operator’s area of operation, and that meets the requirements of subsections (2) and (3).

  • (2) The operational control system shall include procedures for ensuring that

    • (a) all the operational requirements specified in this Subpart are met;

    • (b) each aircraft is operated within the weight and balance limits specified in the aircraft flight manual;

    • (c) the names of the persons on board an aircraft are recorded by the private operator before each flight; and

    • (d) search and rescue authorities are notified in a timely manner if a flight is overdue or missing.

  • (3) The operational control system shall include

    • (a) pilot self-dispatch procedures that set out the following elements:

      • (i) flight planning requirements,

      • (ii) the timing within which a flight crew member must inform the private operator of an aircraft’s departure and arrival, and

      • (iii) a method of confirming that an aircraft has arrived safely at an unattended aerodrome during a VFR flight or that an IFR flight plan has been cancelled prior to landing; or

    • (b) co-authority dispatch procedures that set out the following elements:

      • (i) flight planning requirements,

      • (ii) flight following requirements,

      • (iii) flight watch requirements,

      • (iv) a method of confirming that an aircraft has arrived safely at an unattended aerodrome during a VFR flight or that an IFR flight plan has been cancelled prior to landing,

      • (v) the method by which the operational flight plan is approved and recorded by the pilot-in-command and the flight dispatcher,

      • (vi) if operational flight plans are prepared and accepted for a series of flights, the method by which any changes to those plans are approved and recorded by the pilot-in-command and the flight dispatcher,

      • (vii) if flight planning and flight watch are two separate functions, the method of switching from one to the other, and

      • (viii) a means to ensure that, at each location where a flight originates, the pilot-in-command will

        • (A) receive meteorological information related to the flight,

        • (B) receive a copy of the operational flight plan, and

        • (C) can contact the responsible flight dispatcher prior to take-off.

  • (4) Documentation related to the operational control of a flight shall be retained by the private operator for at least 180 days after the day on which the flight is completed.

  • SOR/2005-341, s. 5;
  • SOR/2014-131, s. 18.

Designation of Pilot-in-command and Second-in-command

  •  (1) A private operator shall designate, for each flight, a pilot-in-command or, if the crew includes two or more flight crew members, a pilot-in-command and a second-in-command.

  • (2) The private operator shall record the name of the pilot-in-command and, if applicable, second-in-command designated for each flight under subsection (1) and shall retain the record for at least 180 days after the day on which the flight is completed.

  • SOR/2005-341, s. 5;
  • SOR/2014-131, s. 18.

Flight Dispatchers and Flight Followers

 A flight dispatcher and a flight follower shall, in respect of a flight conducted by a private operator,

  • (a) perform flight following and flight watch;

  • (b) provide any operational information requested by a flight crew member; and

  • (c) notify search and rescue authorities in a timely manner if a flight is overdue or missing.

  • SOR/2005-341, s. 5;
  • SOR/2014-131, s. 18.
 
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