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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2019-06-20 and last amended on 2019-06-14. Previous Versions

Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-Registered Owner (continued)

Subpart 2 — Aircraft Marking and Registration (continued)

Division II — Aircraft Registration (continued)

Aircraft Manufacturers
  •  (1) On receipt of an application in writing, the Minister shall issue a written authorization permitting the operation in Canada of an aircraft that is not registered and in the authorization may specify conditions governing the operation of the aircraft as necessary for its safe and proper operation, where

    • (a) the aircraft was manufactured in Canada;

    • (b) the aircraft is operated by the manufacturer;

    • (c) the aircraft is operated within Canada for the purpose of

      • (i) a production test flight,

      • (ii) a customer acceptance flight, or

      • (iii) a flight undertaken to complete the manufacturing process or to export the aircraft;

    • (d) a registration mark has been reserved in respect of the aircraft pursuant to subsection 202.02(1);

    • (e) the aircraft displays its marks in accordance with section 202.01 or 202.07; and

    • (f) the manufacturer is qualified to be the registered owner of a Canadian aircraft pursuant to section 202.15.

  • (2) The Minister may specify conditions in the authorization governing the operation of the aircraft referred to in subsection (1) as are necessary for its safe and proper operation.

  • (3) No person shall operate an aircraft pursuant to an authorization issued under subsection (1) unless the aircraft is operated in accordance with any conditions specified in the authorization.

Qualifications to Be Registered Owner of a Canadian Aircraft
  •  (1) Subject to subsection (2), any Canadian is qualified to be the registered owner of a Canadian aircraft.

  • (2) No individual is qualified to be the registered owner of a Canadian aircraft unless the individual is at least 16 years of age.

  • (3) An entity that is not Canadian but is incorporated or formed under the laws of Canada or a province is qualified to be the registered owner of a private Canadian aircraft where

    • (a) the entity provides the Minister with a certified copy of the entity’s certificate of incorporation or other equivalent document issued under the laws of Canada or a province pursuant to which the entity was incorporated or formed;

    • (b) the entity meets the requirements, specified in the Aircraft Marking and Registration Standards, respecting the keeping and preservation of records;

    • (c) subject to subsection (4), the entity meets the reporting requirements specified in the Aircraft Marking and Registration Standards; and

    • (d) while the aircraft is registered in Canada, the flight time accumulated in Canada by the aircraft is not less than 60 per cent of the flight time accumulated by the aircraft at the end of each six-month period.

  • (4) An entity referred to in subsection (3) may, in respect of an aircraft registered in the name of the entity, apply to the Minister in writing for an exemption from the applicable reporting requirements specified in the Aircraft Marking and Registration Standards, and the Minister shall issue the exemption, in writing, where the aircraft has been so registered since September 30, 1990.

  • (5) Where an entity that is qualified to be the registered owner of an aircraft pursuant to subsection (3) ceases to meet the requirements set out in paragraphs (3)(b) to (d), the aircraft’s certificate of registration is cancelled.

Registration Requirements

 The Minister, on receipt of an application in accordance with the Aircraft Marking and Registration Standards, shall register an aircraft where the owner of the aircraft

  • (a) is qualified to be the registered owner of a Canadian aircraft pursuant to section 202.15; and

  • (b) meets the requirements set out in those standards.

Types of Registration
  •  (1) Subject to subsections (3) and (4), the Minister shall register an aircraft as

    • (a) a state aircraft;

    • (b) a commercial aircraft; or

    • (c) a private aircraft.

  • (2) The Minister shall register an aircraft with

    • (a) a provisional registration if the aircraft is not registered in Canada or in a foreign state and is to be operated for the purpose of importing it into Canada or for the purpose of transporting it from one location in Canada to another location in Canada;

    • (b) a temporary registration if the documentation, record entries and other administrative steps necessary to grant a continuing registration cannot be completed immediately;

    • (c) a continuing registration if the documentation, record entries and other administrative steps necessary to grant a continuing registration can be completed immediately; or

    • (d) an interim registration if the requirements of subsection 202.36(1) or (4) are satisfied.

  • (3) The Minister shall register an aircraft as a state aircraft if it is a civil aircraft that is owned by and exclusively used in the service of a government in Canada.

  • (4) The Minister shall register an aircraft as a commercial aircraft if

    • (a) it is to be operated under Subpart 2, 3, 4 or 5 of Part VII or pursuant to an authorization issued under section 203.03; or

    • (b) it is an aeroplane or helicopter that is to be operated pursuant to a flight training unit operator certificate issued under Subpart 6 of Part IV.

  • SOR/2000-405, s. 10
Identity for Registration Purposes — Aircraft

 For the purpose of the registration in Canada of an aircraft, other than a balloon,

  • (a) the fuselage, hull or an alternative structure of the aircraft establishes its identity; and

  • (b) where the fuselage, hull or an alternative structure of the aircraft is scrapped, the aircraft is deemed to be destroyed.

Identity for Registration Purposes — Balloons

 For the purpose of the registration in Canada of a balloon,

  • (a) the envelope of the balloon establishes its identity; and

  • (b) where the envelope of a balloon is scrapped, the balloon is deemed to be destroyed.

[202.20 to 202.24 reserved]

Division III — Certificates of Registration

Issuance of a Certificate of Registration
  •  (1) Where the Minister registers an aircraft, the Minister shall issue to the registered owner of the aircraft

    • (a) a provisional certificate of registration if the aircraft has a provisional registration;

    • (b) a temporary certificate of registration if

      • (i) the documentation, record entries and other administrative steps necessary to issue a continuing registration cannot be completed immediately, or

      • (ii) the Minister intends to replace a continuing certificate of registration pursuant to section 202.27 or amend or replace a certificate of registration pursuant to subsection 202.28(1), but the documentation, record entries and other administrative steps necessary to amend or replace the certificate cannot be completed immediately;

    • (c) an interim certificate of registration if the aircraft is deemed to be registered with an interim registration pursuant to subsection 202.36(1) or (4); or

    • (d) except in the circumstances described in subparagraph (b)(ii), a continuing certificate of registration if the aircraft has a continuing registration.

  • (2) Where the Minister issues a temporary certificate of registration, the Minister may specify in the temporary certificate of registration a date on which the temporary registration expires.

  • (3) A temporary certificate of registration expires or is cancelled, as the case may be, on the earliest of

    • (a) the date specified in the temporary certificate of registration,

    • (b) the last day of the three-month period following the day on which the temporary certificate of registration was issued,

    • (c) the day on which there is a change in the legal custody and control of the aircraft, and

    • (d) the day on which a continuing certificate of registration is issued in respect of the aircraft.

Carrying Certificate of Registration on Board the Aircraft

 No person shall operate an aircraft in Canada, other than an aircraft referred to in subsection 202.43(1), or a Canadian aircraft outside Canada unless the certificate of registration issued in respect of the aircraft is carried on board the aircraft.

 
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