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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-06-20 and last amended on 2022-03-06. Previous Versions

Part VII — Commercial Air Services (continued)

Subpart 5 — Airline Operations (continued)

Division III — Flight Operations (continued)

Operational Control System

 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

 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
  •  (1) 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.

  • (1.1) An air operator shall specify in its company operations manual

    • (a) the period for which the operational flight plan referred to in subsection (3) shall be kept;

    • (b) the method of recording the formal approval of the plan by the flight dispatcher; and

    • (c) the method of recording the formal approval of the plan by the pilot-in-command.

  • (2) The pilot-in-command of an aircraft shall ensure that one copy of the operational flight plan is left at a point of departure, in accordance with the procedures specified in the company operations manual, and that another copy is carried on board the aircraft until the aircraft reaches the final destination of the flight.

  • (3) An air operator shall keep a copy of the operational flight plan, including any amendments to the plan, for not less than 90 days.

  • SOR/99-158, s. 9
Maintenance of Aircraft

 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.

Checklist
  •  (1) Every air operator shall establish the checklist referred to in paragraph 602.60(1)(a) for each aircraft type that it operates and shall make the appropriate parts of the checklist readily available to the crew members.

  • (2) Every crew member shall follow the checklist referred to in subsection (1) in the performance of the crew member’s assigned duties.

Fuel Requirements
  •  (1) Subject to subsection (2), no air operator shall authorize a flight and no person shall commence a flight unless the aircraft

    • (a) when operating in VFR flight, carries sufficient fuel to fly to the destination aerodrome and thereafter to fly for 45 minutes at normal cruising speed;

    • (b) when operating in IFR flight on designated routes or over designated areas as defined in the Commercial Air Service Standards, carries an enroute fuel reserve of five per cent of the fuel required to fly to the destination aerodrome; and

    • (c) when operating in IFR flight, except when complying with the Safety Criteria for Approval of Extended Range Twin-engine Operations (ETOPS) Manual, carries sufficient fuel to allow the aircraft

      • (i) to descend at any point along the route to the lower of

        • (A) the one-engine-inoperative service ceiling, or

        • (B) 10,000 feet ASL,

      • (ii) to cruise at the altitude referred to in subparagraph (i) to a suitable aerodrome,

      • (iii) to conduct an approach and a missed approach, and

      • (iv) to hold for 30 minutes at an altitude of 1,500 feet above the elevation of the aerodrome selected in accordance with subparagraph (ii).

  • (2) An air operator may be authorized in an air operator certificate to reduce the enroute fuel reserve required by paragraph (1)(b) where the air operator complies with the Commercial Air Service Standards.

Extended Range Twin-engined Operations
  •  (1) Subject to subsection (2), no air operator shall operate a twin-engined aeroplane on a route containing a point that is farther from an adequate aerodrome than the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed, unless the flight is conducted wholly within Canadian Domestic Airspace.

  • (2) An air operator may operate an aeroplane on a route referred to in subsection (1) where

    • (a) the aeroplane is turbine-powered;

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

    • (c) the air operator complies with the Safety Criteria for Approval of Extended Range Twin-engine Operations (ETOPS) Manual.

Admission to Flight Deck
  •  (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft.

  • (2) An air operator and the pilot-in-command shall make available for the use of the air carrier inspector the observer seat most suitable to perform the inspector’s duties, as determined by the inspector.

  • (3) An air operator shall ensure that only the following persons are admitted to the flight deck of an aircraft:

    • (a) a crew member;

    • (b) an inspector referred to in subsection (1); and

    • (c) a person authorized by the air operator under subsection (4).

  • (4) An air operator shall not authorize a person referred to in column I of the table to this section to access the flight deck of an aircraft operating in domestic service unless the access would not have an adverse effect on aviation safety and the air operator has verified

    • (a) that the person is a person referred to in column I of the table and is employed by an employer referred to in column II of the table; and

    • (b) the identity of the person by examining the document referred to in column III of the table and one of the documents referred to in column IV of the table.

  • (5) An air operator that authorizes access to the flight deck of an aircraft shall keep a record of the following information for two years after the day on which access is authorized:

    • (a) the name of the authorized person;

    • (b) the name of their employer; and

    • (c) the date of the flight and flight number.

  • (6) Before each flight, an air operator shall notify the pilot-in-command of the identity of the persons who the operator has authorized to access the flight deck of an aircraft.

  • (7) Before admitting a person authorized under subsection (4) to the flight deck of an aircraft, the pilot-in-command shall verify the identity of the person by means of the documents referred to in paragraph 4(b).

  • (8) A person authorized under subsection (4) who is admitted to the flight deck of an aircraft may only occupy an observer seat.

  • (9) The pilot-in-command may refuse access to the flight deck of an aircraft if they are of the opinion that there would be an adverse effect on aviation safety.

  • (10) The air operator shall set out, in its company operations manual, procedures respecting

    • (a) the granting of authorization to access the flight deck;

    • (b) the verification required under subsection (4); and

    • (c) the notice to be provided to the pilot-in-command under subsection (6).

    TABLE

    Column IColumn IIColumn IIIColumn IV
    ItemPersonEmployerMandatory Identification DocumentsOther Identification Documents
    1Canadian pilot travelling for positioning or personal reasonsCanadian air operatorValid restricted area identity cardOne of the following valid documents:
    • (a) Passport;
    • (b) Airline transport, commercial or multi-crew pilot licence with a valid medical certificate; or
    • (c) Photo identification issued by the employer
    2Foreign pilot travelling for positioning or for personal reasonsForeign wholly owned subsidiary or code share partner of the air operatorValid piece of photo identification issued by the employerOne of the following valid documents:
    • (a) Passport;
    • (b) Airline transport, commercial or multi-crew pilot licence with a valid Category 1 medical certificate; or
    • (c) Piece of photo identification issued by the foreign government
    3Flight attendant, flight engineer or a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the air operator
    • (a) Canadian air operator;
    • (b) Foreign wholly owned subsidiary or code share partner of the air operator; or
    • (c) Person providing a service to the air operator
    Valid piece of photo identification issued by the employerOne of the following valid documents:
    • (a) Passport;
    • (b) Restricted area identity card;
    • (c) Flight engineer licence with a valid Category 1 or 2 medical certificate; or
    • (d) Piece of photo identification issued by the foreign state, if the employer is a foreign wholly owned subsidiary or code share partner
    4Air operator employeeAir operator that authorized the access to the flight deckValid piece of photo identification issued by the employerOne of the following valid documents:
    • (a) Passport; or
    • (b) Restricted area identity card
Seats for Cabin Safety Inspectors

 An air operator shall provide a cabin safety inspector who is performing an in-flight cabin inspection with a confirmed passenger seat in the passenger compartment.

Flight Crew Members at Controls
  •  (1) Subject to subsection (2), flight crew members who are on flight deck duty shall remain at their duty stations with their safety belts fastened and, where the aircraft is below 10,000 feet ASL, with their safety belts, including their shoulder harnesses, fastened.

  • (2) Flight crew members may leave their duty stations where

    • (a) their absence is necessary for the performance of duties in connection with the operation of the aircraft;

    • (b) their absence is in connection with physiological needs; or

    • (c) they are taking a rest period and are relieved by other flight crew members who meet the qualifications set out in the Commercial Air Service Standards.

Simulation of Emergency Situations

 No person shall, if passengers or cargo are on board an aircraft, simulate emergency situations that could affect the flight characteristics of the aircraft.

Crew Member Briefing

 The pilot-in-command of an aircraft shall ensure that, prior to each flight or series of flight segments, the crew members of the aircraft are given a pre-flight briefing that meets the Commercial Air Service Standards.

VFR Flight Obstacle Clearance Requirements

 Except when conducting a take-off or landing, no person shall operate an aeroplane in VFR flight

  • (a) during the day, at less than 1,000 feet AGL or at a horizontal distance of less than 1,000 feet from any obstacle; or

  • (b) at night, at less than 1,000 feet above the highest obstacle located within a horizontal distance of five miles from the route to be flown or, in designated mountainous regions, at less than 2,000 feet above the highest obstacle located within a horizontal distance of five miles from the route to be flown.

VFR Flight Weather Conditions

 No person shall commence a VFR flight unless current weather reports and forecasts, if obtainable, indicate that the weather conditions along the route to be flown and at the destination aerodrome will be such that the flight can be conducted in compliance with VFR.

Take-off Minima
  •  (1) Subject to subsection (2), no person shall conduct a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used unless an alternate aerodrome is specified in the operational flight plan and that aerodrome is located

    • (a) in the case of a twin-engined aircraft, within the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed; or

    • (b) in the case of a three- or four-engined aircraft or where an air operator is authorized in its air operator certificate to conduct ETOPS with the type of aircraft operated, within the distance that can be flown in 120 minutes at the one-engine-inoperative cruise speed.

  • (2) A person may conduct a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used, if the weather conditions are at or above the landing minima for another suitable runway at that aerodrome, taking into account the aircraft performance operating limitations specified in Division IV.

  • (3) For the purposes of section 602.126, a person may conduct a take-off in an aircraft in IMC where weather conditions are below the take-off minima specified in the instrument approach procedure, if the person

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

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

  • (4) For the purposes of this section, the landing minima are the decision height or the minimum descent altitude and the visibility published for an approach.

No Alternate Aerodrome — IFR Flight

 For the purposes of section 602.122, a person may conduct an IFR flight where an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary, if the person

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

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

VFR OTT Flight

 No person shall operate an aircraft in VFR OTT flight unless

  • (a) the aircraft is a helicopter;

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

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

 
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