Canadian Aviation Regulations (SOR/96-433)

Defect Reporting and Control Procedures

604.129 A private operator shall have procedures to ensure that

• (a) aircraft defects are recorded in accordance with subsection 605.94(1);

• (b) aircraft defects are rectified in accordance with the requirements of Subpart 5 of Part VI;

• (c) an aircraft defect that occurs three times within 15 flights is identified and is reported as a recurring defect to the flight crew and maintenance personnel in order to avoid the repetition of unsuccessful attempts at rectification; and

• (d) an aircraft defect, the rectification of which has been deferred, is scheduled for rectification.

Service Difficulty Reporting

604.130 A private operator shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any service difficulty related to the aircraft that it operates under this Subpart.

Aircraft Service Information Review

604.131 A private operator shall have procedures to ensure that

• (a) it is aware of the aircraft service information that the holder of a design approval document produces in respect of the aeronautical products used by the private operator;

• (b) the aircraft service information is assessed, and the results of the assessment are signed and dated by the maintenance manager and retained for six years; and

• (c) the maintenance schedule or any other procedure is, if necessary, amended in response to the assessment.

Personnel Records

• 604.132 (1) A private operator shall have for its personnel a record that includes the following information:

  • (a) the name of any person authorized under section 571.11 to sign a maintenance release under section 571.10; and

  • (b) the name of any person who has performed elementary work in accordance with subparagraph 604.128(1)(a)(ii).

• (2) The private operator shall retain the record for two years after the day on which it was last updated.

[604.133 to 604.138 reserved]

Division IX — Personnel Requirements

Validity Periods

• 604.139 (1) Subject to subsections (2) and (3), for the purposes of this Division and Division IV, the validity period of any training, any competency check or any pilot proficiency check expires on

  • (a) in the case of training in the performance of the emergency procedures referred to in subsection 604.169(2) and in subparagraphs 604.179(z)(viii) and (ix), and the high altitude indoctrination training referred to in section 604.176, the first day of the thirty-seventh month after the month in which the training was completed;

  • (b) in the case of all other training, the first day of the thirteenth month after the month in which the training was completed; and

  • (c) in the case of a competency check or pilot proficiency check, the first day of the twenty-fifth month after the month in which the competency check or pilot proficiency check was successfully completed.

• (2) If any training, competency check or pilot proficiency check is renewed within the last 90 days of its validity period, its validity period is extended by

  • (a) 36 months, in the case of training in the performance of the emergency procedures referred to in subsection 604.169(2) and in subparagraphs 604.179(z)(viii) and (ix), and the high altitude indoctrination training referred to in section 604.176;

  • (b) 12 months, in the case of all other training; and

  • (c) 24 months, in the case of a competency check or pilot proficiency check.

• (3) The Minister shall extend the validity period of any training, competency check or pilot proficiency check for a period of not more than 60 days beginning on the day after the day on which the validity period expires, if

  • (a) the application for extension is made during the validity period; and

  • (b) the applicant demonstrates that there has been no reasonable opportunity to renew the training, competency check or pilot proficiency check within the 90 days before the day on which the training, competency check or pilot proficiency check would otherwise expire.

Equivalencies

• 604.140 (1) A person who will act as a crew member for a private operator, and who has received crew member training under the ground and flight training program of an air operator or under the training program of another private operator, may use that training to meet an equivalent training requirement set out in this Subpart if

  • (a) the training received by the person is in respect of the aircraft type that the person will operate and the private operator’s area of operation;

  • (b) the validity period, if any, of that training has not expired; and

  • (c) the private operator provides the person with training in

    • (i) the processes, practices and procedures set out in the private operator’s operations manual, and

    • (ii) the private operator’s emergency procedures for the aircraft in respect of which the person will be assigned duties.

• (2) A person who will act as a flight crew member for a private operator, and who has successfully completed a pilot proficiency check with an air operator or a competency check with another private operator, meets the requirements of paragraph 604.143(1)(e) if

  • (a) the pilot proficiency check or competency check was conducted using an aircraft of the same type that the person will operate;

  • (b) the validity period of the pilot proficiency check or competency check has not expired; and

  • (c) the private operator provides the person with training in respect of

    • (i) the processes, practices and procedures set out in the private operator’s operations manual,

    • (ii) any differences between the equipment that is installed on the aircraft operated by the private operator and the equipment that is installed on the aircraft operated by the air operator or the other private operator, and

    • (iii) any differences between the private operator’s operational procedures and those of the air operator or the other private operator.

Operations Manager Qualifications and Responsibilities

• 604.141 (1) No private operator shall permit a person to act — and no person shall act — as the operations manager unless

  • (a) the person

    • (i) holds, or has held, the licence and ratings required by Part IV to act as a pilot-in-command on an aircraft operated by the private operator, or

    • (ii) has acquired at least three years of supervisory experience with a private operator or air operator whose operations and activities are of a size, nature and complexity that correspond to the size, nature and complexity of the operations and activities of the private operator; and

  • (b) the person has demonstrated to the private operator knowledge of

    • (i) the content of the private operator’s operations manual, and

    • (ii) the provisions of this Subpart and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect the person’s responsibilities.

• (2) The operations manager is responsible for the operational control of the private operator’s operations and shall

  • (a) coordinate the activities that affect operational control, including activities relating to

    • (i) maintenance,

    • (ii) crew members’ schedules,

    • (iii) load control, and

    • (iv) aircraft operation schedules;

  • (b) implement the private operator’s policies and procedures to ensure that the private operator’s operations meet the requirements of this Subpart;

  • (c) if the operations manager receives aeronautical information that indicates a risk to the safety of a flight, ensure that corrective actions are taken to manage or mitigate the risk;

  • (d) ensure the dissemination of aircraft safety information to the private operator’s personnel; and

  • (e) implement the emergency response procedures referred to in paragraph 604.203(1)(e).

Chief Pilot Qualifications, Training and Responsibilities

• 604.142 (1) No private operator shall permit a person to act — and no person shall act — as a chief pilot unless

  • (a) the person meets the requirements of paragraphs 604.143(1)(a), (b), (d) and (e) for acting as pilot-in-command on an aircraft operated by the private operator; and

  • (b) the person has demonstrated to the private operator knowledge of

    • (i) the content of the private operator’s operations manual, and

    • (ii) the provisions of this Subpart and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect the person’s responsibilities.

• (2) The chief pilot is responsible for the flight crew members involved in the private operator’s operations and shall

  • (a) develop standard operating procedures in respect of aircraft operated by the private operator;

  • (b) verify whether the aerodromes and routes for aircraft used by the private operator are suitable for aircraft operated by the private operator;

  • (c) ensure that the operational requirements of the aerodromes and routes used by the private operator are met; and

  • (d) process any flight crew member reports and take any necessary follow-up action.

Flight Crew Member Qualifications and Training

• 604.143 (1) No private operator shall permit a person to act — and no person shall act — as a pilot-in-command or second-in-command unless

  • (a) the person holds the licence, ratings and medical certificate required by Part IV;

  • (b) in the case of a pilot-in-command,

    • (i) the person has received, in respect of the aircraft type that the person will operate, the training set out in subsections 604.169(1) and 604.170(1) and, if applicable, the training set out in subsection 604.169(3) and sections 604.177 and 604.178, or equivalent training that meets the requirements of subsection 604.140(1), as the case may be, and

    • (ii) the validity period of the training has not expired;

  • (c) in the case of a second-in-command,

    • (i) the person has received, in respect of the aircraft type that the person will operate, the training set out in subsections 604.169(1) and 604.170(1) and, if applicable, the training set out in subsection 604.169(3) and section 604.177, or equivalent training that meets the requirements of subsection 604.140(1), as the case may be, and

    • (ii) the validity period of the training has not expired;

  • (d) the person has received, in respect of the aircraft type that the person will operate, training in the performance of the emergency procedures referred to in subsection 604.169(2) or equivalent training that meets the requirements of subsection 604.140(1), and the validity period of the training has not expired;

  • (e) the person has successfully completed, in respect of the aircraft type that the person will operate, a competency check that meets the requirements of this section or a competency check or pilot proficiency check that meets the requirements of subsection 604.140(2), and the validity period of the competency check or pilot proficiency check has not expired; and

  • (f) if the person is required to operate an aircraft above 13,000 feet ASL, the person has received the training set out in section 604.176 or equivalent training that meets the requirements of subsection 604.140(1).

• (2) A person who undergoes a competency check referred to in paragraph (1)(e)

  • (a) shall have completed, within 30 days before the day on which the competency check is conducted, the training set out in subsection 604.170(1) or equivalent training that meets the requirements of subsection 604.140(1);

  • (b) shall have been recommended for the competency check by an instructor who provided the person with the training or equivalent training referred to in paragraph (a); and

  • (c) shall meet the following requirements:

    • (i) the person holds the licence required by Part IV in respect of the aircraft that will be used for the competency check,

    • (ii) the person holds a type rating required by Part IV in respect of the aircraft that will be used for the competency check, or meets the knowledge and experience requirements set out in paragraph 421.40(3)(a) of Standard 421 — Flight Crew Permits, Licences and Ratings, and the knowledge requirement was met within 24 months before the day on which the competency check is conducted, and

    • (iii) the person holds an instrument rating required by Part IV in respect of the aircraft that will be used for the competency check, or meets the knowledge and experience requirements set out in subsection 421.46(2) of Standard 421 — Flight Crew Permits, Licences and Ratings, and the knowledge requirement was met within 24 months before the day on which the competency check is conducted.

• (3) The competency check referred to in paragraph (1)(e)

  • (a) shall be based on the processes, practices and procedures set out in the private operator’s operations manual;

  • (b) shall consist of the exercises set out in chapters 2 or 3, as the case may be, of the standard entitled Flight Test Guide — Competency Check (Private Operators), published by the Minister;

  • (c) shall assess the exercises referred to in paragraph (b) in accordance with the marking scale set out in section 1.3 of that standard;

  • (d) shall assess the competency as satisfactory or unsatisfactory in accordance with sections 1.4 and 1.5 of that standard; and

  • (e) shall be subject to the retest procedures referred to in section 1.6 of that standard.

• (4) Subject to subsection (5), the competency check referred to in paragraph (1)(e) shall be conducted by a person who

  • (a) holds the licence and ratings required by Part IV to act as pilot-in-command of the aircraft used for the competency check;

  • (b) holds an instrument rating required by Part IV in respect of the aircraft used for the competency check;

  • (c) meets one of the following requirements:

    • (i) is a pilot examiner authorized by the Minister to conduct instrument rating flight tests under Part IV,

    • (ii) is an approved check pilot authorized by the Minister to conduct a pilot proficiency check under Part VII in respect of the aircraft type used for the competency check, or

    • (iii) holds an authorization issued by the competent authority of a contracting state to conduct flight tests that are equivalent to competency checks, in which case the person shall have demonstrated to the private operator knowledge of the standard referred to in paragraph (3)(b); and

  • (d) is not the instructor who made the recommendation referred to in paragraph 2(b) in respect of the person undergoing the competency check.

• (5) The competency check referred to in paragraph (1)(e) may be conducted by a person who is not referred to in paragraph 4(c) if the person

  • (a) has been assigned to conduct the competency check by the private operator;

  • (b) meets the requirements set out in paragraphs (4)(a) and (b);

  • (c) does not have a record of conviction for

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

    • (ii) two or more offences under these Regulations not arising from a single occurrence;

  • (d) is at least 21 years old;

  • (e) has at least 3,000 hours of flight time in an aircraft of the same category as the aircraft that will be used for the competency check, including

    • (i) at least 2,000 hours as pilot-in-command,

    • (ii) at least 500 hours in a multi-engined aircraft, and

    • (iii) at least 500 hours of instrument time, including at least 100 hours as pilot-in-command; and

  • (f) has successfully completed, within 24 months before the day on which the person conducts the competency check, training provided by a pilot examiner or by an approved check pilot that includes the following elements:

    • (i) the responsibilities of a person conducting a competency check,

    • (ii) evaluation principles,

    • (iii) the conduct of a competency check,

    • (iv) the content of the standard referred to in paragraph (3)(b), and

    • (v) the record-keeping requirements set out in section 604.149.