Canadian Aviation Regulations (SOR/96-433)

[603.69 to 603.75 reserved]

Subpart 4 — Private Operators

Division I — General Provisions

Interpretation

• 604.01 (1) The following definitions apply in this Subpart.

  flight deck duty time

  flight deck duty time means the period spent by a flight crew member at a flight crew member position in an aeroplane during flight time. (temps de service au poste de pilotage)

  main base

  main base means a location where a private operator has personnel, aircraft and facilities for its operations and that is established as the principal place of business of the private operator. (base principale)

  PBN Manual

  PBN Manual means ICAO Document 9613, entitled Performance-based Navigation (PBN) Manual. (manuel PBN)

  special authorization

  special authorization means an authorization issued by the Minister under subsection 604.05(2) that permits the carrying out of an activity referred to in Division IV or an activity in respect of which the Minister has established requirements under subsection 604.74(1). (autorisation spéciale)

  sub-base

  sub-base means a location where a private operator has personnel and aircraft and from which operational control is exercised in accordance with the private operator’s operational control system. (base secondaire)

• (2) For the purpose of interpreting a document incorporated by reference into this Subpart, unless the context requires otherwise,

  • (a) “should” and “must” shall be read as “shall”;

  • (b) “operator” and “aircraft operator” shall be read as “private operator”; and

  • (c) “authority”, “competent aviation authority” and “operating authority” shall be read as “Minister”.

Application

604.02 This Subpart applies to the following Canadian aircraft:

• (a) large aeroplanes;

• (b) turbine-powered aircraft;

• (c) pressurized aircraft; and

• (d) multi-engined aircraft.

Prohibition

• 604.03 (1) Subject to subsection (2), no person shall operate any of the following Canadian aircraft for the purpose of transporting passengers or goods unless the person is the holder of a private operator registration document:

  • (a) a large aeroplane;

  • (b) a turbo-jet-powered aeroplane; or

  • (c) a turbine-powered pressurized aeroplane certificated for more than six passenger seats.

• (2) Subsection (1) does not apply to the operation of an aircraft referred to in paragraphs (1)(a) to (c) by

  • (a) an air operator who operates the aircraft in accordance with the requirements of Part VII; or

  • (b) a person who operates the aircraft under a flight permit issued under section 507.04.

Issuance of a Private Operator Registration Document

• 604.04 (1) The applicant for a private operator registration document shall submit to the Minister an application containing the following information:

  • (a) the applicant’s legal name and, if any, trade name;

  • (b) the applicant’s contact information;

  • (c) the names of the operations manager, chief pilot and maintenance manager;

  • (d) a description of the proposed area of operation, using the chart depicted in the Index to Application of Supplementary Procedures in ICAO Document 7030, entitled Regional Supplementary Procedures;

  • (e) the location of the applicant’s main base and, if any, sub-bases; and

  • (f) for each aircraft that will be operated, the aircraft type, the nationality mark and the registration mark.

• (2) The Minister shall, on receipt of the application referred to in subsection (1), issue a private operator registration document to the applicant if the applicant is the registered owner of all the aircraft that will be operated under this Subpart or is permitted to use those aircraft under section 203.03.

Issuance of Special Authorization

• 604.05 (1) A private operator who wishes to operate an aircraft under a special authorization shall submit to the Minister an application that

  • a) identifies the activity referred to in Division IV that the applicant wishes to carry out; and

  • b) includes a copy of the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization requested.

• (2) The Minister shall, on receipt of the application referred to in subsection (1), issue a special authorization to the applicant if the applicant

  • (a) holds a private operator registration document;

  • (b) is able to meet the requirements of Division IV relating to the special authorization requested; and

  • (c) has an operations manual that sets out the processes, practices and procedures that are necessary to meet the requirements of Division IV relating to the special authorization requested.

Notice to the Minister

604.06 A private operator shall notify the Minister if a change is made to the information contained in an application submitted under subsection 604.04(1) within ten days after the day on which the change is made.

Amendment of Private Operator’s Operations Manual

604.07 A private operator who has been issued a special authorization, and who amends the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization, shall submit to the Minister a copy of that part of the operations manual within ten days after the day on which the amendment is made.

Duties of a Private Operator

604.08 A private operator shall

• (a) ensure that no person is appointed operations manager or chief pilot or continues to serve as operations manager or chief pilot if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for

  • (i) an offence under section 7.3 of the Act, or

  • (ii) two or more offences under these Regulations that did not arise from a single incident;

• (b) ensure that no person is appointed maintenance manager or continues to serve as maintenance manager if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for an offence under section 7.3 of the Act;

• (c) ensure that the operations manager performs the duties set out in section 604.204;

• (d) perform the duties set out in section 604.208; and

• (e) provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the private operator meets the requirements of these Regulations.

Accountability

• 604.09 (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).

[604.10 to 604.24 reserved]

604.21 [Repealed, SOR/2014-131, s. 18]

604.22 [Repealed, SOR/2014-131, s. 18]

604.23 [Repealed, SOR/2014-131, s. 18]

604.24 [Repealed, SOR/2014-131, s. 18]

Division II — Flight Operations

Operational Control System

• 604.25 (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.

Designation of Pilot-in-command and Second-in-command

• 604.26 (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.

Flight Dispatchers and Flight Followers

604.27 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.

Instrument Approaches — Landing

604.28 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.

[604.29 to 604.35 reserved]

604.29 [Repealed, SOR/2005-341, s. 5]

Division III — Flight Operations — Documents

Checklist

• 604.36 (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).

Aircraft Operating Manual

• 604.37 (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.

Operational Flight Data Sheet

• 604.38 (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.