Canadian Aviation Regulations (SOR/96-433)

No Alternate Aerodrome — IFR Flight

705.35 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

705.36 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.

Routes in Uncontrolled Airspace

705.37 No person shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the air operator establishes the route in accordance with the Commercial Air Service Standards.

705.38 [Reserved]

Weight and Balance Control

• 705.39 (1) No person shall operate an aircraft unless, during every phase of the flight, the load restrictions, weight and centre of gravity of the aircraft conform to the limitations specified in the aircraft flight manual.

• (2) An air operator shall have a weight and balance system that meets the Commercial Air Service Standards.

• (3) An air operator shall keep a copy of the weight and balance forms, including any amendments to the forms, for not less than 90 days.

• (4) An air operator shall specify in its company operation manual

  • (a) its weight and balance system;

  • (b) its instructions to employees regarding the preparation and accuracy of weight and balance forms; and

  • (c) the period for which the forms shall be kept.

Passenger and Cabin Safety Procedures

• 705.40 (1) An air operator shall establish procedures to ensure that

  • (a) passengers move to and from the aircraft and embark and disembark safely, in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator’s company operations manual;

  • (b) all passengers are seated and secured in accordance with subsection 605.26(1);

  • (c) subject to subsection (2), the back of each seat is in the upright position and all chair tables and carry-on baggage are stowed during movement on the surface, take-off and landing and at such other times as the pilot-in-command considers necessary for the safety of the persons on board the aircraft; and

  • (d) seats located at emergency exits and seats that are not located on the main deck of an aircraft are not occupied by passengers whose presence in those seats could adversely affect the safety of passengers or crew members during an emergency evacuation.

• (2) An air operator may, for the transportation of any passenger who has been certified by a physician as unable to sit upright, allow the back of the seat occupied by such a passenger to remain in the reclining position during movement on the surface, take-off and landing if

  • (a) the passenger is seated in a location that will not restrict the evacuation of other passengers from the aircraft;

  • (b) the passenger is not seated in a row that is next to or immediately in front of an emergency exit; and

  • (c) the seat immediately behind the passenger’s seat is vacant.

• (3) No air operator shall permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator’s company operations manual.

• (4) For the purposes of section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that

  • (a) meet the Commercial Air Service Standards; and

  • (b) are specified in the air operator’s company operations manual.

Flight Attendant Stations

• 705.41 (1) Each flight attendant shall, for take-off and landing, occupy a seat in the passenger cabin that meets the requirements of subsection (2).

• (2) Each flight attendant station shall be approved by the Minister in accordance with the Commercial Air Service Standards.

• (3) No air operator shall permit a flight attendant seat to be occupied by a person other than a flight attendant unless the air operator

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

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

Carry-on Baggage

• 705.42 (1) Every air operator shall establish a carry-on baggage control program that is approved by the Minister in accordance with the Commercial Air Service Standards.

• (2) No air operator shall permit a person to carry on board an aircraft any carry-on baggage unless that baggage has been accepted in accordance with a carry-on baggage control program and can be

  • (a) stowed in a compartment or overhead rack that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual for the stowage of carry-on baggage;

  • (b) stowed under a passenger seat; or

  • (c) restrained by a means that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

• (3) No person shall carry on board an aircraft any carry-on baggage unless that baggage has been accepted in accordance with a carry-on baggage control program.

• (4) All carry-on baggage that is stowed under a passenger seat shall be restrained in a manner that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

• (5) All carry-on baggage shall be stowed so that it does not obstruct access to safety equipment, exits or the aisles of the aircraft.

• (6) No air operator shall allow the passenger entry doors of an aircraft to be closed for departure until a crew member has verified that all carry-on baggage is stowed in a location that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual or is restrained by a means that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

• (7) All carry-on baggage shall be safely stowed prior to movement of the aircraft on the surface and during take-off, periods of in-flight turbulence and landing.

• (8) No carry-on baggage that may cause injury to passengers in the event of turbulence or an emergency shall be stowed in an overhead rack unless the rack is equipped with restraining devices or doors that have been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

Briefing of Passengers

• 705.43 (1) An air operator shall ensure that passengers are given a safety briefing in accordance with the Commercial Air Service Standards.

• (2) An air operator shall ensure that the safety briefing referred to in subsection (1) is given in English and French.

• (3) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility for another person on board the aircraft, the air operator shall ensure that the passenger is given an individual safety briefing that

  • (a) is appropriate to the passenger’s needs; and

  • (b) meets the Commercial Air Service Standards.

• (4) An air operator shall ensure that, in the event of an emergency and where time and circumstances permit, all passengers are given an emergency briefing in accordance with the Commercial Air Service Standards.

• (5) An air operator shall ensure that each passenger who is seated next to a window emergency exit is informed by a crew member that the window is an emergency exit and is made aware of how to operate that exit.