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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2021-05-04 and last amended on 2021-01-01. Previous Versions

Part VII — Commercial Air Services (continued)

Subpart 6 — Aircraft Maintenance Requirements for Air Operators (continued)

Service Difficulty Reporting

 The holder of an air operator certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates.

  • SOR/2009-280, s. 36

Safety Management System

 The holder of an air operator certificate issued under section 705.07 shall, for all maintenance control activities performed under this Subpart, adhere to the requirements set out in section 705.151 or 705.154 with respect to a safety management system.

  • SOR/2005-173, s. 27

Part VIII — Air Navigation Services

Interpretation

  •  (1) In this Part,

    air traffic control unit

    air traffic control unit[Repealed, SOR/2002-352, s. 4]

    air traffic services

    air traffic services or ATS includes air traffic control services, air traffic advisory services and flight information services; (services de la circulation aérienneouATS)

    ATS operations certificate

    ATS operations certificate[Repealed, SOR/2007-290, s. 11]

    emergency assistance services

    emergency assistance services means services provided for the purpose of

    • (a) assisting aircraft in a state of emergency, including aircraft in the uncertainty, alert and distress phases,

    • (b) assisting aircraft involved in a hijacking, or

    • (c) alerting rescue coordination agencies of missing or overdue aircraft; (services d’urgence)

    flight information services

    flight information services[Repealed, SOR/2002-352, s. 4]

    operational location

    operational location means the physical location of an operational air traffic control unit or flight service station. (emplacement opérationnel)

  • (2) Any reference in this Part to an annex to the Convention includes the differences notified to ICAO by the Government of Canada in respect of the standards specified in that annex.

  • SOR/2002-352, s. 4
  • SOR/2007-290, s. 11

Application

 This Part does not apply in respect of any air navigation services that are provided by or under the authority of the Minister of National Defence.

[800.03 to 800.08 reserved]

Subpart 1 — Air Traffic Services

General

  •  (1) No person shall act as an air traffic controller or a flight service specialist

    • (a) within eight hours after consuming alcohol;

    • (b) while under the influence of alcohol; or

    • (c) while under the influence of any drug or other substance that impairs the person’s faculties to the extent that aviation safety is affected.

  • (2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except

    • (a) in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and

    • (b) in the case of international airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air navigation services, in accordance with the standards contained in Chapter 3 of Annex 11 to the Convention.

  • SOR/2002-352, s. 5

Services to Be Provided in Class A, B, C, D and E Airspace

  •  (1) Where air traffic control services are provided to aircraft operating in Class A or Class B airspace, the services shall include separation between aircraft.

  • (2) Where air traffic control services are provided to aircraft operating in Class C airspace, the services shall include

    • (a) conflict resolution between IFR aircraft and VFR aircraft;

    • (b) conflict resolution between VFR aircraft on request;

    • (c) traffic information; and

    • (d) separation between IFR aircraft and between all aircraft during runway operations.

  • (3) Where air traffic control services are provided to aircraft operating in Class D airspace, the services shall include

    • (a) traffic information; and

    • (b) separation between IFR aircraft, and between all aircraft during runway operations.

  • (4) Where air traffic control services are provided to aircraft operating in Class E airspace, the services shall include separation between IFR aircraft.

  • SOR/2002-352, s. 6

Requirement for ATS Operations Certificate

 No person shall operate an air traffic control unit or a flight service station unless the person holds and complies with the provisions of an ATS operations certificate that authorizes the person to operate the air traffic control unit or flight service station.

Application for ATS Operations Certificate

 An applicant for an ATS operations certificate shall submit to the Minister

  • (a) an application for an ATS operations certificate; and

  • (b) a copy of the proposed ATS site manual for each operational location to be listed on the certificate.

Issuance of ATS Operations Certificate

  •  (1) Subject to section 6.71 of the Act, the Minister shall issue an ATS operations certificate to an applicant, authorizing the applicant to operate an air traffic control unit or a flight service station, if

    • (a) the applicant demonstrates that

      • (i) it has personnel who are qualified to provide an air traffic service at the operational location of the air traffic control unit or flight service station, and

      • (ii) the air traffic control unit or flight service station will be operated in a manner that provides for safe aircraft operations; and

    • (b) an ATS site manual for the operational location has been approved by the Minister.

  • (2) The Minister shall approve an ATS site manual if it

    • (a) accurately describes the operational location of the air traffic control unit or flight service station; and

    • (b) contains the information required pursuant to section 801.07.

Contents of ATS Operations Certificate

 An ATS operations certificate shall contain

  • (a) the legal name, trade name and address of the holder of the certificate;

  • (b) the number of the certificate;

  • (c) the date of issue of the certificate;

  • (d) the effective date of certification;

  • (e) the types of air traffic services that the holder of the certificate is authorized to provide; and

  • (f) a list of the operational locations for which an ATS site manual has been approved by the Minister.

Contents of ATS Site Manual

  •  (1) An ATS site manual shall set out the types of air traffic services that are provided by the holder of the ATS operations certificate at that operational location.

  • (2) An ATS site manual shall contain

    • (a) a table of contents;

    • (b) any information relating to the administration of the air traffic control unit or flight service station, including

      • (i) a record of any amendments to the manual,

      • (ii) a list of the holders of copies of the manual,

      • (iii) a description of the procedure for amending the manual,

      • (iv) a description of the organizational structure of the air traffic control unit management or the flight service station management,

      • (v) a statement, signed by the holder of the ATS operations certificate, certifying that the manual is complete and accurate, and

      • (vi) a statement, signed by the Minister, indicating that the Minister has approved the manual;

    • (c) any information relating to the operation of the air traffic control unit or flight service station, including

      • (i) a description of the airspace and its classification,

      • (ii) where applicable, a description of the manoeuvring area and the movement area of the airport, and

      • (iii) a description of a system to ensure that any operational information necessary for operational staff to perform their duties or functions is available on a daily basis;

    • (d) in the case where air traffic advisory services or flight information services are provided, a description of the procedures for providing those services;

    • (e) a description of the procedures for providing emergency assistance services;

    • (f) a copy of any agreements or memoranda of understanding relating to the operation of the air traffic control unit or flight service station; and

    • (g) in the case of an air traffic control unit or flight service station that is located at an airport, all information pertaining to the airport in respect of

      • (i) emergency response measures,

      • (ii) airport safety measures,

      • (iii) access to the movement area and vehicle control procedures,

      • (iv) apron management plans and apron safety plans, and

      • (v) information services in respect of runway surface friction characteristics.

 
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