Canadian Aviation Regulations (SOR/96-433)

Stops

• 705.223 (1) An air operator shall not permit passengers to remain on board an aeroplane during an intermediate stop unless

  • (a) the engines used for the propulsion of the aeroplane are not running;

  • (b) at least one floor-level exit remains open to provide for passenger egress;

  • (c) in the case of an aeroplane operated with only one flight attendant, the flight attendant remains on board;

  • (d) in the case of an aeroplane operated with more than one flight attendant, at least half of the required number of flight attendants — rounded down to the next lower number in the case of fractions, but never less than one — remain on board; and

  • (e) flight attendants are located in the vicinity of the floor-level exits and are ready to initiate and oversee an emergency evacuation.

• (2) Paragraph (1)(a) does not apply in respect of an engine on a propeller-driven aeroplane if

  • (a) the engine has a propeller brake;

  • (b) the propeller brake is set; and

  • (c) the aeroplane flight manual indicates that the engine may be used as an auxiliary power unit.

• (3) Paragraph (1)(b) does not apply if the exit is closed or latched for climatic reasons.

• (4) A flight attendant on board an aeroplane referred to in paragraph (1)(c) or (d) may be replaced by an individual other than a flight attendant if

  • (a) the individual has successfully completed the air operator’s training on the emergency evacuation procedures for the model of that aeroplane in accordance with subsection 725.124(14) or (47) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Services Standards;

  • (b) the individual is identified to the passengers as an acting flight attendant; and

  • (c) the individual is located in the vicinity of a floor-level exit and is ready to initiate and oversee an emergency evacuation.

Emergency Duties

• 705.224 (1) An air operator shall, for each model of aeroplane in its fleet that is operated to carry passengers, set out, in its flight attendant manual, the duties to be performed by the flight attendants in an emergency.

• (2) The air operator shall not operate an aeroplane to carry passengers unless those duties are assigned to flight attendants on board the aeroplane.

Emergency Evacuation — Before and During Surface Movements

705.225 An air operator shall, for each aeroplane in its fleet that is operated to carry passengers, have procedures to ensure that

• (a) at least one floor-level exit provides for passenger egress before the movement of the aeroplane on the surface; and

• (b) every automatically deployable means of emergency passenger evacuation is ready for immediate use during the movement of the aeroplane on the surface.

Single-aisle Aeroplane

705.226 Despite section 605.09, no person shall conduct a take-off in a single-aisle aeroplane that is carrying passengers unless all emergency exits and escape slides are operative.

Standardization

705.227 No air operator shall operate an aeroplane to carry passengers unless the emergency equipment, the stowage locations for emergency equipment and the emergency procedures are standardized for all aeroplanes in the air operator’s fleet that are operated under this Subpart to carry passengers.

Subpart 6 — Aircraft Maintenance Requirements for Air Operators

Application

706.01 This Subpart applies to every person who operates an aircraft in a commercial air service under this Part.

Maintenance Control System

706.02 No person shall operate an aircraft unless the aircraft is maintained in accordance with a maintenance control system that

• (a) meets the requirements of this Subpart; and

• (b) is described in the air operator’s maintenance control manual (MCM) required by section 706.08.

Duties of Certificate Holder

• 706.03 (1) The holder of an air operator certificate shall

  • (a) appoint a person responsible for the maintenance control system;

  • (b) subject to subsection (4), ensure that the person responsible for the maintenance control system has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations;

  • (c) [Repealed, SOR/2022-246, s. 31]

  • (d) ensure that the person responsible for the maintenance control system performs the duties referred to in subsections 706.07(2) and (3);

  • (e) provide the person responsible for the maintenance control system with the financial and human resources necessary to ensure that the holder of the air operator certificate meets the requirements of these Regulations; and

  • (f) [Repealed, SOR/2022-246, s. 31]

  • (g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 706.07.

• (2) [Repealed, SOR/2022-246, s. 31]

• (3) [Repealed, SOR/2022-246, s. 31]

• (4) The knowledge requirement set out in paragraph (1)(b) does not apply in respect of

  • (a) a person responsible for the maintenance control system who held that position on January 1, 1997; or

  • (b) the holder of an aircraft maintenance engineer (AME) licence.

• (5) The holder of an air operator certificate shall ensure that no person is appointed to be responsible for the maintenance control system or remains responsible for the system if, at the time of their appointment or during their tenure, they have a record of conviction for

  • (a) an offence under section 7.3 of the Act; or

  • (b) two or more offences under any of sections 605.84 to 605.86 not arising from a single occurrence.

• (6) The person responsible for maintenance control system of the holder of an air operator certificate may assign the management functions for specific maintenance control activities, to another person if the assignment and its scope are described in the maintenance control manual (MCM) of the air operator.

• (7) If the holder of an air operator certificate is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person appointed under paragraph (1)(a) shall be the person responsible for maintenance of the AMO appointed under paragraph 573.03(1)(a).

• (8) The person responsible for the maintenance control system of the holder of an air operator certificate shall remove aircraft from operation if the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public.

Maintenance Personnel and Facilities

706.04 An air operator shall provide the person who is responsible for its maintenance control system with the staff, facilities, technical and regulatory data, supplies and spare parts referred to in the Commercial Air Service Standards that are necessary to ensure compliance with this Subpart.

Defect Recording, Rectification and Control Procedures

706.05 An air operator shall include in its maintenance control system the procedures referred to in the Commercial Air Service Standards for

• (a) recording aircraft defects;

• (b) ensuring that defects are rectified in accordance with the requirements of these Regulations;

• (c) detecting defects that recur and identifying those defects as recurring defects; and

• (d) subject to sections 605.09 and 605.10, scheduling the rectification of defects whose repair has been deferred.

Technical Dispatch Procedures

• 706.06 (1) An air operator shall include in its maintenance control system technical dispatch procedures to ensure that aircraft are not operated unless they are

  • (a) airworthy;

  • (b) appropriately equipped, configured and maintained for their intended use; and

  • (c) maintained in accordance with the air operator’s maintenance control manual (MCM).

• (2) Where an additional flight authority has been issued in respect of an aircraft pursuant to section 507.08, the technical dispatch procedures required by this section shall include procedures to control the use of that additional flight authority.

• (3) Where an air operator has a fleet empty weight and balance control program approved in accordance with the Commercial Air Service Standards, the technical dispatch procedures required by this section shall include specific procedures that

  • (a) ensure the quality of the program by meeting the applicable requirements of the Commercial Air Service Standards; and

  • (b) ensure that accurate empty weight and balance data for each aircraft to which the program applies is provided to the flight crew of the aircraft, or is input into the program, prior to each flight.

Quality Assurance Program

• 706.07 (1) An air operator shall, in order to ensure that its maintenance control system and all of the included maintenance schedules continue to be effective and to comply with these Regulations, establish and maintain a quality assurance program that

  • (a) is under the sole control of the person responsible for the maintenance control system appointed under paragraph 706.03(1)(a); and

  • (b) meets the requirements of section 726.07 of Standard 726 — Air Operator Maintenance of the Commercial Air Service Standards.

• (2) The person responsible for the maintenance control system shall distribute the records relating to the findings resulting from the quality assurance program to the appropriate manager for corrective action and follow-up in accordance with the policies and procedures specified in the maintenance control manual (MCM).

• (3) The person responsible for the maintenance control system shall establish an audit system in respect of the quality assurance program that consists of the following:

  • (a) an initial audit within 12 months after the date on which the air operator certificate is issued;

  • (b) subsequent audits conducted at intervals set out in the MCM;

  • (c) a record of each occurrence of compliance or non-compliance with the MCM found during an audit referred to in paragraph (a) or (b);

  • (d) checklists of all activities controlled by the MCM and the maintenance schedules;

  • (e) procedures for ensuring that each finding of an audit is communicated to them and, if management functions have been assigned to another person under subsection 705.03(3) or (4), to that person;

  • (f) follow-up procedures for ensuring that corrective actions are effective; and

  • (g) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups.

• (4) The records required under paragraph (3)(g) shall be retained for the greater of

  • (a) two audit cycles; and

  • (b) two years.

• (5) The duties related to the quality assurance program that involve specific tasks or activities within an air operator’s activities shall be fulfilled by persons who are not responsible for carrying out those tasks or activities.

Maintenance Control Manual (MCM)

• 706.08 (1) An air operator shall establish, maintain and authorize the use of a maintenance control manual (MCM) that contains information to ensure the efficiency of the maintenance control system, as set out in the Commercial Air Service Standards.

• (2) The Minister may authorize the incorporation by reference in an MCM of detailed procedures manuals prepared by the air operator, where

  • (a) the policies affecting the detailed procedures remain in the MCM;

  • (b) the incorporation is clearly indicated in the MCM;

  • (c) the air operator ensures that the incorporated manuals meet the requirements of this section; and

  • (d) the person responsible for the air operator’s maintenance control system, or the person to whom the management function has been assigned under subsection 706.03(6), has certified in writing that the incorporated manuals meet the requirements of this section.

• (3) Except where otherwise authorized by the Minister in writing where it is demonstrated that the granting of the authorization will not jeopardize the safety of the product or service, an air operator shall comply with the policies and procedures contained in its MCM.

• (4) An air operator shall submit each page of its MCM to the Minister for approval, either individually or in accordance with an equivalent procedure that meets the applicable requirements of the Commercial Air Service Standards.

• (5) An air operator shall amend its MCM when instructed to do so by the Minister where

  • (a) the MCM does not meet the requirements of this Subpart; or

  • (b) the MCM contains policies or procedures, or a lack thereof, such that the air operator’s maintenance control system no longer meets the requirements of these Regulations.

• (6) An air operator shall provide the means to ensure that a current copy of its MCM, or of the relevant portions of its MCM, is made available to each person who performs or certifies a function that is dealt with in the MCM or in any manual that is incorporated in the MCM in accordance with subsection (2).

• (7) An air operator shall amend each copy of its MCM within 30 days after the approval of an amendment under subsection (8).

• (8) The Minister shall approve an air operator’s MCM, and any amendments to that manual, if the requirements of the Commercial Air Service Standards are met.