Canadian Aviation Regulations (SOR/96-433)

GPWS

• 605.37 (1) Subject to subsections (2) and (3), no person operating under Subpart 4 or 5 of Part VII shall conduct a take-off in a turbo-jet-powered aeroplane that has a MCTOW of more than 15 000 kg (33,069 pounds) and for which a type certificate has been issued authorizing the transport of 10 or more passengers, unless the aeroplane is equipped with a GPWS.

• (2) An aeroplane referred to in subsection (1) may be operated without a serviceable GPWS if a minimum equipment list has been approved by the Minister in respect of the operator of the aeroplane pursuant to subsection 605.07(3) and the aeroplane is operated in accordance with the minimum equipment list.

• (3) Where, in the interests of aviation safety, it is necessary during a flight to deactivate any mode of a GPWS, the pilot-in-command of the aeroplane may deactivate that mode if the deactivation is performed in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.

• (4) This section

  • (a) applies only in respect of aeroplanes manufactured on or before the day on which this subsection comes into force; and

  • (b) shall cease to apply on the expiry of two years after that day.

ELT

• 605.38 (1) Subject to subsection (3), no person shall operate an aircraft unless it is equipped with one or more ELTs in accordance with subsection (2).

• (2) An aircraft set out in column I of an item of the table to this subsection shall, for the area of operation set out in column II of the item, be equipped with the quantity and type of ELTs referred to in column III of that item, which ELTs shall be armed, if so specified in the aircraft flight manual, aircraft operating manual, pilot operating handbook or equivalent document provided by the manufacturer.

  	Column 1	Column 2	Column 3
  Item	Aircraft	Area of Operation	Minimum Equipment
  1	All aircraft	Over land	One ELT of type AD, AF or AP, as referred to in section 551.104 of Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual
  2	Large multi-engined turbo-jet aeroplanes engaged in an air transport service carrying passengers	Over water at a distance from land that requires the carriage of life rafts under section 602.63	Two ELTs of Type S, as referred to in section 551.104 of chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual
  3	All aircraft that require an ELT other than those set out in item 2	Over water at a distance from land that requires the carriage of life rafts under section 602.63	One ELT of Type S, as referred to in section 551.104 of chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual

• (3) An aircraft may be operated without an ELT on board if the aircraft

  • (a) is a glider, balloon, airship, ultra-light aeroplane or gyroplane;

  • (b) is registered under the laws of a contracting state or a state that is a party to an agreement entered into with Canada relating to interstate flying, is equipped with a serviceable emergency beacon that transmits on the 406 MHz frequency with a tested life of at least 24 hours and

    • (i) has a Class 1 or Class 2 Type Approval Certificate issued by the international search and rescue Cospas-Sarsat Council, and

    • (ii) is registered with the appropriate authority of the country identified in the coded message transmitted by the emergency beacon;

  • (c) is operated by the holder of a flight training unit operating certificate, engaged in flight training and operated within 25 nautical miles of the aerodrome of departure;

  • (d) is engaged in a flight test;

  • (e) is a new aircraft engaged in flight operations related to manufacture, preparation or delivery of the aircraft;

  • (f) is operated for the purpose of permitting a person to conduct a parachute descent within 25 nautical miles of the aerodrome of departure; or

  • (g) is operated in accordance with section 605.39.

• (4) If an aircraft is equipped with one or more ELTs that transmit on the 406 MHz frequency, the owner shall register each ELT with

  • (a) the Canadian Beacon Registry; or

  • (b) the appropriate authority of the country identified in the coded message transmitted by the ELT.

ELT — Frequencies

• 605.38.1 (1) No person shall operate an aircraft under a private operator registration document or in a commercial air service unless the aircraft is equipped with one or more ELTs that transmit simultaneously on the 406 MHz and 121.5 MHz frequencies.

• (2) A person may operate an aircraft, other than an aircraft referred to in subsection (1), if it is equipped with one or more ELTs that transmit on one or both of the following frequencies:

  • (a) 121.5 MHz; and

  • (b) 406 MHz.

Use of ELTs

• 605.39 (1) An aircraft that is required to be equipped with one or more ELTs under section 605.38 may be operated without a serviceable ELT if the operator

  • (a) repairs the ELT or removes it from the aircraft at the first aerodrome at which repairs or removal can be accomplished;

  • (b) on removal of the ELT, sends the ELT to a maintenance facility; and

  • (c) displays on a readily visible placard within the aircraft cockpit, until the ELT is replaced, a notice stating that the ELT has been removed and setting out the date of its removal.

• (2) If an aircraft is required to have one ELT under section 605.38, the operator shall re-equip the aircraft with a serviceable ELT within

  • (a) 10 days after the date of removal, if the aircraft is operated under Subpart 4 or 5 of Part VII; or

  • (b) 30 days after the date of removal in the case of any other aircraft.

• (3) If an aircraft is required to have two ELTs under section 605.38, the operator shall

  • (a) if one of the ELTs is unserviceable, repair or replace it within 10 days after the date of removal; and

  • (b) if both ELTs are unserviceable, repair or replace

    • (i) one ELT at the first aerodrome at which a repair or replacement can be accomplished, and

    • (ii) the second ELT within 10 days after the date of removal.

ELT Activation

• 605.40 (1) Subject to subsection (2), no person shall activate an ELT except in an emergency.

• (2) A person may activate an ELT, in accordance with the manufacturer’s instructions, for the purpose of testing the ELT for a duration of not more than five seconds during the first five minutes of any hour UTC in the case of an ELT that transmits on the 121.5 MHz frequency or an ELT that transmits on both the 406 MHz and the 121.5 MHz frequencies.

• (3) If an ELT has been inadvertently activated during flight, the pilot-in-command of the aircraft shall ensure, as soon as feasible, that

  • (a) the nearest air traffic control unit, flight service station or community aerodrome radio station is so informed; and

  • (b) the ELT is deactivated.

Third Attitude Indicator

• 605.41 (1) No person shall conduct a take-off in a turbo-jet-powered aeroplane that is operated under Part VII without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aeroplane

  • (a) has a MCTOW of less than 5 700 kg (12,566 pounds); and

  • (b) was operated in Canada in a commercial air service on October 10, 1996.

• (2) No person shall conduct a take-off in a transport category aircraft without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aircraft

  • (a) is a transport category helicopter not operated in IFR flight;

  • (b) is a transport category aeroplane powered by reciprocating engines that was manufactured before January 1, 1998; or

  • (c) is not operated pursuant to Part VII.

• (3) No person shall conduct a take-off in a turbo-propeller powered aeroplane that is operated under Part VII without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aeroplane

  • (a) has a passenger seating configuration, excluding pilot seats, of 30 or fewer;

  • (b) has a payload capacity of 3 402 kg (7,500 pounds) or less; and

  • (c) was manufactured prior to March 20, 1997.

• (4) After December 20, 2010, no person shall conduct a take-off in a turbo-propeller powered aeroplane having a passenger seating configuration, excluding pilot seats, of 10 or more, and operated under Part VII, unless the aeroplane is equipped with a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards.

TAWS

• 605.42 (1) Subject to subsection (2), no operator shall operate a turbine-powered aeroplane that has a seating configuration, excluding pilot seats, of six or more, unless the aeroplane is equipped with an operative TAWS that

  • (a) meets the requirements for Class A or Class B equipment set out in CAN-TSO-C151a or a more recent version of it;

  • (b) meets the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and

  • (c) has a terrain and airport database compatible with the area of operation.

• (2) The operator may operate the aeroplane without its being equipped with an operative TAWS if

  • (a) the aeroplane is operated in day VFR only;

  • (b) in the event that a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the day on which the failure of the TAWS occurs; or

  • (c) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.

• (3) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day.

[605.43 to 605.83 reserved]

Division III — Aircraft Maintenance Requirements

Aircraft Maintenance — General

• 605.84 (1) Subject to subsections (3) and (4), no person shall conduct a take-off or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, unless the aircraft

  • (a) is maintained in accordance with any airworthiness limitations applicable to the aircraft type design;

  • (b) meets the requirements of any airworthiness directive issued under section 521.427; and

  • (c) except as provided in subsection (2), meets the requirements of any notices that are equivalent to airworthiness directives and that are issued by

    • (i) the competent authority of the foreign state that, at the time the notice was issued, is responsible for the type certification of the aircraft, engine, propeller or appliance, or

    • (ii) for an aeronautical product in respect of which no type certificate has been issued, the competent authority of the foreign state that manufactured the aeronautical product.

• (2) In the case of a conflict between an airworthiness directive issued by the Minister under section 521.427 and a foreign notice, the airworthiness directive prevails.

• (3) The Minister shall exempt the owner of a Canadian aircraft from the requirement to comply with all or part of an airworthiness directive, subject to appropriate conditions relating to aviation safety, as specified in Appendix H of the Aircraft Equipment and Maintenance Standards, where the owner demonstrates to the Minister that

  • (a) under circumstances specified in the exemption request, compliance is impractical or unnecessary; and

  • (b) the exemption will provide a level of safety that is equivalent to that required by the airworthiness directive.

• (4) The Minister shall approve an alternative means of compliance with an airworthiness directive, for reasons set out in the approval, where the Minister is satisfied that the proposed alternative will maintain the level of safety that is provided for by the compliance time, the modification, the restriction, the replacement, the special inspection or the procedure set out in the airworthiness directive.