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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 VI — General Operating and Flight Rules (continued)

Subpart 4 — Private Operators (continued)

Division I — General Provisions (continued)

Accountability
  •  (1) No operations manager, no chief pilot and no maintenance manager shall assign to another person a management function for which he or she is responsible and accountable unless the private operator’s operations manual

    • (a) identifies the functions that may be assigned;

    • (b) identifies either by name or by position the persons to whom those functions may be assigned; and

    • (c) describes the scope of the assignment.

  • (2) The responsibility and accountability of an operations manager, a chief pilot and a maintenance manager are not affected by the assignment of a management function to another person under subsection (1).

  • SOR/2014-131, s. 18

[604.10 to 604.24 reserved]

 [Repealed, SOR/2014-131, s. 18]

 [Repealed, SOR/2014-131, s. 18]

 [Repealed, SOR/2014-131, s. 18]

 [Repealed, SOR/2014-131, s. 18]

Division II — Flight Operations

Operational Control System
  •  (1) A private operator shall have an operational control system that is adapted to the complexity of the private operator’s operations and to the private operator’s area of operation, and that meets the requirements of subsections (2) and (3).

  • (2) The operational control system shall include procedures for ensuring that

    • (a) all the operational requirements specified in this Subpart are met;

    • (b) each aircraft is operated within the weight and balance limits specified in the aircraft flight manual;

    • (c) the names of the persons on board an aircraft are recorded by the private operator before each flight; and

    • (d) search and rescue authorities are notified in a timely manner if a flight is overdue or missing.

  • (3) The operational control system shall include

    • (a) pilot self-dispatch procedures that set out the following elements:

      • (i) flight planning requirements,

      • (ii) the timing within which a flight crew member must inform the private operator of an aircraft’s departure and arrival, and

      • (iii) a method of confirming that an aircraft has arrived safely at an unattended aerodrome during a VFR flight or that an IFR flight plan has been cancelled prior to landing; or

    • (b) co-authority dispatch procedures that set out the following elements:

      • (i) flight planning requirements,

      • (ii) flight following requirements,

      • (iii) flight watch requirements,

      • (iv) a method of confirming that an aircraft has arrived safely at an unattended aerodrome during a VFR flight or that an IFR flight plan has been cancelled prior to landing,

      • (v) the method by which the operational flight plan is approved and recorded by the pilot-in-command and the flight dispatcher,

      • (vi) if operational flight plans are prepared and accepted for a series of flights, the method by which any changes to those plans are approved and recorded by the pilot-in-command and the flight dispatcher,

      • (vii) if flight planning and flight watch are two separate functions, the method of switching from one to the other, and

      • (viii) a means to ensure that, at each location where a flight originates, the pilot-in-command will

        • (A) receive meteorological information related to the flight,

        • (B) receive a copy of the operational flight plan, and

        • (C) can contact the responsible flight dispatcher prior to take-off.

  • (4) Documentation related to the operational control of a flight shall be retained by the private operator for at least 180 days after the day on which the flight is completed.

  • SOR/2005-341, s. 5
  • SOR/2014-131, s. 18
Designation of Pilot-in-command and Second-in-command
  •  (1) A private operator shall designate, for each flight, a pilot-in-command or, if the crew includes two or more flight crew members, a pilot-in-command and a second-in-command.

  • (2) The private operator shall record the name of the pilot-in-command and, if applicable, second-in-command designated for each flight under subsection (1) and shall retain the record for at least 180 days after the day on which the flight is completed.

  • SOR/2005-341, s. 5
  • SOR/2014-131, s. 18
Flight Dispatchers and Flight Followers

 A flight dispatcher and a flight follower shall, in respect of a flight conducted by a private operator,

  • (a) perform flight following and flight watch;

  • (b) provide any operational information requested by a flight crew member; and

  • (c) notify search and rescue authorities in a timely manner if a flight is overdue or missing.

  • SOR/2005-341, s. 5
  • SOR/2014-131, s. 18
Instrument Approaches — Landing

 No person shall, in an aircraft operated by a private operator, conduct a landing following an instrument approach unless, immediately before landing, the pilot-in-command ascertains, by means of radiocommunication or visual inspection,

  • (a) the condition of the runway or surface of intended landing; and

  • (b) the wind direction and speed.

  • SOR/2009-280, s. 34
  • SOR/2014-131, s. 18

[604.29 to 604.35 reserved]

 [Repealed, SOR/2005-341, s. 5]

Division III — Flight Operations — Documents

Checklist
  •  (1) A private operator shall provide every crew member with the checklist referred to in paragraph 602.60(1)(a) or with the part of the checklist that is necessary for the performance of the crew member’s duties.

  • (2) Every crew member shall follow, in the performance of his or her duties, the checklist or part of the checklist referred to in subsection (1).

  • SOR/2014-131, s. 18
Aircraft Operating Manual
  •  (1) A private operator may establish an aircraft operating manual for the operation of its aircraft.

  • (2) An aircraft operating manual shall

    • (a) contain aircraft operating procedures that are consistent with those contained in the aircraft flight manual;

    • (b) contain, if the aircraft flight manual is not carried on board the aircraft, the aircraft performance data and limitations specified in that manual, and clearly identify them as aircraft flight manual requirements;

    • (c) contain the private operator’s standard operating procedures, if any; and

    • (d) identify the aircraft to which it relates.

  • SOR/2014-131, s. 18
Operational Flight Data Sheet
  •  (1) No person shall conduct a take-off in an aircraft operated by a private operator unless an operational flight data sheet has been prepared and contains the following information:

    • (a) the date of the flight;

    • (b) the aircraft’s nationality mark and registration mark;

    • (c) the name of the pilot-in-command;

    • (d) the departure aerodrome;

    • (e) the destination aerodrome;

    • (f) the alternate aerodrome, if any;

    • (g) the estimated flight time;

    • (h) the fuel endurance;

    • (i) the weight of the fuel on board the aircraft;

    • (j) the zero fuel weight of the aircraft;

    • (k) the take-off weight and centre of gravity of the aircraft;

    • (l) the number of persons on board the aircraft;

    • (m) the proposed time of departure; and

    • (n) the estimated time of arrival.

  • (2) The pilot-in-command of an aircraft referred to in subsection (1) shall, on the completion of each flight, record on the operational flight data sheet the flight time, time of departure, time of arrival and aerodrome of arrival.

  • (3) The private operator shall retain a copy of the operational flight data sheet for at least 180 days after the day on which the flight is completed.

  • SOR/2014-131, s. 18

[604.39 to 604.45 reserved]

Division IV — Flight Operations — Special Authorizations

Minimum Performance Capability of Long-range Navigation Systems
  •  (1) For the purposes of this Division, a long-range navigation system shall have the following performance capability:

    • (a) the standard deviation of the lateral track deviations is less than 6.3 nautical miles;

    • (b) the proportion of the total flight time that is spent by the aircraft at a distance of 30 or more nautical miles from the cleared track is less than 5.3 x 10-4; and

    • (c) the proportion of the total flight time that is spent by the aircraft at a distance of 50 to 70 nautical miles from the cleared track is less than 1.3 x 10-4.

  • (2) For the purposes of this Division, a global navigation satellite system (GNSS) receiver is considered to be a long-range navigation system if it is installed in accordance with the requirements of Advisory Circular 20-138B, entitled Airworthiness Approval of Positioning and Navigation Systems, dated September 27, 2010 and published by the Federal Aviation Administration of the United States, as amended from time to time.

  • SOR/2014-131, s. 18
General Prohibition — Special Authorizations
  •  (1) Subject to subsection (2), no person shall carry out any activity referred to in this Division or in respect of which the Minister has established requirements under subsection 604.74(1) unless that person is a private operator.

  • (2) A person other than a private operator may conduct an instrument approach using a GNSS receiver to the following minima:

    • (a) lateral navigation (LNAV);

    • (b) lateral navigation/vertical navigation (LNAV/VNAV);

    • (c) localizer performance without vertical guidance (LP); and

    • (d) localizer performance with vertical guidance (LPV).

  • SOR/2014-131, s. 18
No Alternate Aerodrome — IFR Flight
  •  (1) For the purposes of section 602.122, a pilot-in-command may conduct an IFR flight in an aircraft operated by a private operator when an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary if

    • (a) the private operator is authorized to do so under a special authorization;

    • (b) the estimated flight time is not more than six hours and the departure aerodrome is located in North America, Bermuda or the Caribbean islands;

    • (c) the forecast or reported weather at the destination aerodrome, from one hour before until one hour after the estimated time of arrival, does not include

      • (i) conditions, including fog or precipitation, that restrict flight visibility to less than three miles,

      • (ii) a thunderstorm,

      • (iii) a ceiling of less than 1,000 feet above the FAF altitude and a ground visibility of less than three miles,

      • (iv) a ceiling of less than 1,500 feet above the minimum descent altitude and a ground visibility of less than six miles, or

      • (v) freezing rain, freezing drizzle or sleet;

    • (d) the destination aerodrome

      • (i) has at least two runways that are

        • (A) operational,

        • (B) separate and not reciprocal directions of the same runway, and

        • (C) suitable for the aircraft on the basis of the aircraft operating procedures, the aircraft performance data and limitations specified in the aircraft flight manual, and the factors that affect the performance of the aircraft, such as atmospheric and surface conditions, and

      • (ii) is equipped with an emergency electrical power supply to operate the equipment and facilities that are essential for a safe landing of the aircraft in the event of a failure of the main electrical power supply; and

    • (e) every flight crew member has received training, for which the validity period has not expired, in the conduct of an IFR flight when an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary.

  • (2) If the requirements of paragraphs (1)(a) to (e) are met, and regardless of the departure aerodrome, the pilot-in-command of an aircraft that is operated by a private operator, and that is on a flight to a destination aerodrome in Canada, may file a new IFR flight plan or a new IFR flight itinerary that does not include an alternate aerodrome when the aircraft is within six hours’ flight time of the destination aerodrome.

  • SOR/2014-131, s. 18
Take-off Minima

 Despite paragraph 602.126(1)(b),

  • (a) a pilot-in-command may conduct a take-off in an aircraft operated by a private operator when the reported RVR is at least 1,200 feet or the reported ground visibility is at least one quarter of a statute mile if

    • (i) the private operator is authorized to do so under a special authorization,

    • (ii) the aircraft is operated by at least two flight crew members,

    • (iii) the flight plan filed for the flight specifies a take-off alternate aerodrome that

      • (A) in the case of a twin-engined aircraft, is within the distance that can be flown in 60 minutes at normal cruising speed, or

      • (B) in the case of an aircraft with three or more engines, is within the distance that can be flown in 120 minutes at normal cruising speed,

    • (iv) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have received the following training for which the validity period has not expired:

      • (A) take-off alternate aerodrome requirements,

      • (B) pilot-in-command experience requirements,

      • (C) pilot-in-command responsibility for visibility and obstacle clearance requirements, and

      • (D) minimum aircraft and runway equipment requirements,

    • (v) the pilot-in-command

      • (A) identifies any obstructions that may be in the take-off path,

      • (B) determines — using the aircraft performance data and limitations specified in the aircraft flight manual — that the aircraft is, with the critical engine inoperative, able to

        • (I) safely clear those obstructions, and

        • (II) maintain at least the minimum enroute altitude to the take-off alternate aerodrome, and

      • (C) verifies that the RVR is at least 1,200 feet or the ground visibility is at least one quarter of a statute mile,

    • (vi) the runway is equipped with high-intensity runway lights, or runway centre line lights, that are serviceable and functioning and that are visible to the pilot throughout the take-off run, or with runway centre line markings that are visible to the pilot throughout the take-off run,

    • (vii) the pilot-in-command and second-in-command attitude indicators provide a clear depiction of total aircraft attitude that includes the incorporation of pitch attitude index lines in appropriate increments up to 15° above and 15° below the reference line,

    • (viii) failure warning systems to immediately detect failures and malfunctions in attitude indicators, directional gyros and horizontal situation indicators are operative, and

    • (ix) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have demonstrated to the private operator the ability to operate the aircraft in accordance with this paragraph; and

  • (b) a pilot-in-command may conduct a take-off in an aircraft operated by a private operator when the reported RVR is at least 600 feet if

    • (i) the private operator is authorized to do so under a special authorization,

    • (ii) the aircraft is operated by at least two flight crew members,

    • (iii) the flight plan filed for the flight specifies a take-off alternate aerodrome that

      • (A) in the case of a twin-engined aircraft, is within the distance that can be flown in 60 minutes at normal cruising speed, or

      • (B) in the case of an aircraft with three or more engines, is within the distance that can be flown in 120 minutes at normal cruising speed,

    • (iv) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have received the following training for which the validity period has not expired:

      • (A) ground training in

        • (I) take-off alternate aerodrome requirements,

        • (II) pilot-in-command experience requirements,

        • (III) pilot-in-command responsibility for visibility and obstacle clearance requirements, and

        • (IV) minimum aircraft and runway equipment requirements, and

      • (B) level C or D flight simulator training that includes

        • (I) one completed take-off at an RVR of 600 feet, and

        • (II) one rejected take-off, at an RVR of 600 feet, that includes an engine failure,

    • (v) the pilot-in-command

      • (A) identifies any obstructions that may be in the take-off path,

      • (B) determines — using the aircraft performance data and limitations specified in the aircraft flight manual — that the aircraft is, with the critical engine inoperative, able to

        • (I) safely clear those obstructions, and

        • (II) maintain at least the minimum enroute altitude to the take-off alternate aerodrome, and

      • (C) verifies that the RVR is at least 600 feet,

    • (vi) the runway is equipped

      • (A) with high-intensity runway lights, and runway centre line lights, that are serviceable and functioning and that are visible to the pilot throughout the take-off run, and with runway centre line markings that are visible to the pilot throughout the take-off run, and

      • (B) with two RVR sensors that each show an RVR of at least 600 feet, one sensor being situated at the approach end of the runway and the other at

        • (I) the mid-point of the runway, or

        • (II) the departure end of the runway, if the runway is equipped with three RVR sensors and the sensor situated at the mid-point is not serviceable,

    • (vii) the pilot-in-command and second-in-command attitude indicators provide a clear depiction of total aircraft attitude that includes the incorporation of pitch attitude index lines in appropriate increments up to 15° above and 15° below the reference line,

    • (viii) failure warning systems to immediately detect failures and malfunctions in attitude indicators, directional gyros and horizontal situation indicators are operative, and

    • (ix) the pilot-in-command and, if the operations manual provides that the second-in-command may conduct the take-off, the second-in-command have demonstrated to the private operator the ability to operate the aircraft in accordance with this paragraph.

 
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