Canadian Aviation Regulations

602.157 (1) Every operator that reported an original base level to the Minister in writing pursuant to subsection 6(1) of the Order shall ensure that

• (a) on the compliance date set out in column I of each item of Table 1 to this section, the number of Chapter 2 aeroplanes in the operator’s fleet, expressed as a percentage of base level, is equal to or less than the percentage set out in column II of that item; or

• (b) on the compliance date set out in column I of each item of Table 2 to this section, the number of Chapter 3 aeroplanes in the operator’s fleet, expressed as a percentage of the fleet, is equal to or greater than the percentage set out in column II of that item.

(2) Every operator that did not report an original base level to the Minister in writing pursuant to subsection 6(1) of the Order and every new entrant shall, on the compliance date set out in column I of each item of Table 2 to this section, ensure that the number of Chapter 3 aeroplanes in the operator’s fleet, expressed as a percentage of the fleet, is equal to or greater than the percentage set out in column III of that item.

(3) An operator is not required to include wide-body aeroplanes in the operator’s fleet for the purposes of this section.

(4) No operator shall include a Chapter 3 aeroplane in the operator’s fleet for the purpose of complying with this Division if the aeroplane has been included in the fleet of another operator for the same purpose.

(5) Where a calculation made for the purpose of determining a percentage referred to in subsection (1) or (2) results in a number that is not a whole number, that number may, at the option of the operator, be rounded either up or down to the next whole number.