Canadian Aviation Regulations (SOR/96-433)
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Regulations are current to 2023-03-06 and last amended on 2022-12-21. Previous Versions
Part VII — Commercial Air Services (continued)
Subpart 4 — Commuter Operations (continued)
Division VI — Emergency Equipment (continued)
First Aid Kits
704.85 No person shall conduct a take-off in an aircraft operated by an air operator unless the first aid kit carried on board in accordance with paragraph 602.60(1)(h) contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations.
704.86 (1) No air operator shall operate an aircraft, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1).
(2) No air operator shall operate an aircraft on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains
(a) a life raft repair kit;
(b) a bailing bucket and a sponge;
(c) a whistle;
(d) a waterproof flashlight;
(e) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person;
(f) a waterproof survival manual that contains information about how to use the survival equipment;
(g) a first aid kit that contains antiseptic swabs, burn dressing compresses, bandages and motion sickness pills; and
(h) a pyrotechnic signalling device, or an aviation visual distress signal that has a marking applied by the manufacturer indicating that the signal meets the requirements of CAN-TSO-C168, a signalling mirror and a dye marker for visually signalling distress.
(3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain
(a) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; and
(b) motion sickness pills.
Division VII — Personnel Requirements
704.106 No air operator shall operate an aircraft with fewer than two pilots, where the aircraft
(a) is an aeroplane carrying 10 or more passengers; or
(b) is carrying passengers and is being operated in IFR flight.
Designation of Pilot-in-command and Second-in-command
704.107 (1) An air operator shall designate for each flight a pilot-in-command and, where the crew includes two pilots, a pilot-in-command and a second-in-command.
(2) An air operator shall record on the operational flight plan the name of the pilot-in-command and, if applicable, the second-in-command who were designated under subsection (1) and shall retain the plan for at least 180 days after the day on which the flight is completed.
Flight Crew Member Qualifications
704.108 (1) Subject to subsection (6), no air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person
(a) holds the licence and ratings required by Part IV;
(b) within the previous 90 days, has completed at least three take-offs and three landings
(i) where a type rating for that aircraft is required, in an aircraft of that type, or in a flight simulator representing that type of aircraft that has been approved by the Minister under Subpart 6 of Part VI for take-off and landing qualifications, or
(ii) where a type rating for that aircraft is not required, in an aircraft of that category and class, or in a flight simulator representing that category and class of aircraft that has been approved by the Minister under Subpart 6 of Part VI for take-off and landing qualifications;
(c) has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards; and
(d) has fulfilled the requirements of the air operator’s ground training program and, except where undergoing line indoctrination training, the air operator’s flight training program.
(2) An air operator may group similar aircraft as a single type for the purposes of the pilot proficiency check referred to in paragraph (1)(c) if the air operator
(a) is authorized to do so in its air operator certificate; and
(b) complies with the Commercial Air Service Standards.
(3) No person shall act as the pilot-in-command of an aircraft with passengers on board in IFR flight unless the person has acquired at least 1,200 hours of flight time as a pilot.
(4) No person shall act as the pilot-in-command of an aircraft in VFR flight unless the person has acquired at least 500 hours of flight time as a pilot.
(5) No person shall act as the pilot-in-command of an aircraft with a person other than a flight crew member on board in night VFR flight unless the person acting as the pilot-in-command holds an instrument rating for that class of aircraft.
(6) An air operator may permit a person to act and a person may act as a flight crew member in an aircraft where the person does not meet the requirements of paragraphs (1)(b) to (d), if
(a) the aircraft is operated on a training, ferry or positioning flight; or
(b) the air operator
(i) is authorized to do so in its air operator certificate, and
(ii) complies with the Commercial Air Service Standards.
Qualifications of Operational Control Personnel
704.109 (1) No air operator shall permit a person to act and no person shall act in an operational control position unless that person has fulfilled the training requirements set out in this Subpart and has demonstrated to the air operator the knowledge and abilities required by the Commercial Air Service Standards.
(2) A person who has not acted in an operational control position within the previous three months shall, prior to acting in an operational control position, demonstrate to the air operator that the person still has the knowledge and abilities referred to in subsection (1).
704.110 (1) A pilot proficiency check shall be conducted by the Minister.
(2) Any other check required under this Subpart may be conducted by the Minister.
704.111 (1) Subject to subsections (2) and (3), the validity period of a pilot proficiency check and of the annual training referred to in section 704.115 expires on the first day of the thirteenth month following the month in which the proficiency check or training was completed.
(2) Where a pilot proficiency check or annual training is renewed within the last 90 days of its validity period, its validity period is extended by 12 months.
(3) The Minister may extend the validity period of a pilot proficiency check or annual training by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.
(4) Where the validity period of a pilot proficiency check or annual training has been expired for 24 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.
Division VIII — Training
704.115 (1) Every air operator shall establish and maintain a ground and flight training program that is
(a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and
(b) approved by the Minister in accordance with the Commercial Air Service Standards.
(2) An air operator’s ground and flight training program shall include
(a) for flight crew members:
(i) company indoctrination training,
(ii) line indoctrination training,
(iii) high-altitude training, where applicable,
(iv) upgrading training, where applicable, and
(v) initial and annual training, including
(A) aircraft type training,
(B) aircraft servicing and ground handling training,
(C) emergency procedures training, and
(D) aircraft surface contamination training;
(a.1) initial training followed by training every three years on underwater egress for seaplane pilots;
(b) initial and annual training for operational control personnel;
(c) initial and annual aircraft surface contamination training for those operations personnel designated in the Commercial Air Service Standards;
(d) initial and annual training for personnel who are assigned to perform duties on board an aircraft; and
(e) any other training required to ensure a safe operation under this Subpart.
(3) An air operator shall
(a) include a detailed syllabus of its ground and flight training program in its company operations manual;
(b) ensure that adequate facilities and qualified personnel are provided for its ground and flight training program, in accordance with the Commercial Air Service Standards; and
(c) establish and maintain a safety awareness program concerning the adverse effects of aircraft surface contamination and provide the program to all flight operations personnel who are not required to receive the training described in paragraph (2)(c).
(4) An air operator shall have a fatigue management training program for its flight crew members that contains
(a) personal fatigue management strategies relating to
(i) sleep hygiene,
(ii) lifestyle, exercise and diet, and
(iii) the consumption of alcohol and drugs;
(b) the impact of fatigue on aviation safety;
(c) sleep requirements and the science relating to fatigue;
(d) the causes and consequences of fatigue;
(e) how to recognize fatigue in themselves and in others;
(f) sleep disorders, their impact on aviation safety and treatment options; and
(g) human and organizational factors that may cause fatigue, including
(i) sleep quality and duration,
(ii) the impact of shift work and overtime,
(iii) the circadian rhythm, and
(iv) the effects of changes of time zones.
- SOR/2018-269, s. 16
- SOR/2019-49, s. 6
Conditional Approval of Training Program
704.116 (1) The Minister may give conditional approval to a training program where an air operator submits to the Minister a copy of a syllabus of its training program that provides enough information for a preliminary evaluation of the training program in light of the Commercial Air Service Standards.
(2) An air operator may conduct training under a training program that has received conditional approval until the Minister has evaluated the effectiveness of the training program and has informed the air operator of any deficiencies that must be corrected.
(3) The Minister shall give final approval to a conditionally approved training program when the air operator demonstrates that the training conducted under that program is adequate to permit the persons who receive it to safely perform their assigned duties.
Training and Qualification Records
704.117 (1) Every air operator shall, for each person who is required to receive training under this Subpart, establish and maintain a record of
(a) the person’s name and, where applicable, personnel licence number, type and ratings;
(b) if applicable, the person’s medical category and the expiry date of that category;
(c) the dates on which the person, while in the air operator’s employ, successfully completed any training, pilot proficiency check or examination required under this Subpart or obtained any qualification required under this Subpart;
(d) information relating to any failure of the person, while in the air operator’s employ, to successfully complete any training, pilot proficiency check or examination required under this Subpart or to obtain any qualification required under this Subpart; and
(e) the type of aircraft or flight training equipment used for any training, pilot proficiency check or qualification required under this Subpart.
(2) An air operator shall retain the records referred to in paragraphs (1)(c) and (d) and a record of each pilot proficiency check for at least three years.
(3) An air operator shall retain a copy of the most recent written examination completed by each pilot for each type of aircraft for which the pilot has a qualification.
Amendments to Training Program
704.118 (1) If the Minister determines that an air operator’s training program required under 704.115 does not include the competencies required for each person who receives training to perform their assigned duties, the Minister shall notify the air operator of
(a) the corrective actions that the air operator is required to implement to its training program; and
(b) the date by which the air operator is required to submit its amended training program to the Minister for approval under paragraph 704.115(1)(b).
(2) The air operator referred to in subsection (1) shall submit its amended training program to the Minister on or before the date specified by the Minister under paragraph (1)(b).
Division IX — Manuals
Requirements relating to Company Operations Manual
704.120 (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of section 704.121.
(2) An air operator shall submit its company operations manual, and any amendments to that manual, to the Minister.
(3) Where there is a change in any aspect of an air operator’s operation or where the company operations manual no longer meets the Commercial Air Service Standards, the air operator shall amend its company operations manual.
(4) The Minister shall, where the Commercial Air Service Standards are met, approve those parts of a company operations manual, and any amendments to those parts, that relate to the information required by section 704.121.
Contents of Company Operations Manual
704.121 (1) A company operations manual, which may be issued in separate parts corresponding to specific aspects of an operation, shall include the instructions and information necessary to enable the personnel concerned to perform their duties safely and shall contain the information required by the Commercial Air Service Standards.
(2) A company operations manual shall be such that
(a) all parts of the manual are consistent and compatible in form and content;
(b) the manual can be readily amended;
(c) the manual contains an amendment control page and a list of the pages that are in effect; and
(d) the manual has the date of the last amendment to each page specified on that page.
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