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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2021-11-17 and last amended on 2021-07-07. Previous Versions

Part VII — Commercial Air Services (continued)

Subpart 4 — Commuter Operations (continued)

Division VII — Personnel Requirements (continued)

Check Authority
  •  (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.

Validity Period
  •  (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.

[704.112 to 704.114 reserved]

Division VIII — Training

Training Program
  •  (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;

    • (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
Conditional Approval of Training Program
  •  (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
  •  (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.

[704.118 and 704.119 reserved]

Division IX — Manuals

Requirements relating to Company Operations Manual
  •  (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
  •  (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.

Distribution of Company Operations Manual
  •  (1) Subject to subsection (2), an air operator shall provide a copy of the appropriate parts of its company operations manual, including any amendments to those parts, to each of its crew members and to its ground operations and maintenance personnel.

  • (2) An air operator may place a copy of the appropriate parts of its company operations manual in each aircraft that it operates, instead of providing a copy to each crew member, if all amendments to the manual are included in the system for the dissemination of general operational information referred to in section 704.13.

  • (3) Every person who has been provided with a copy of the appropriate parts of a company operations manual pursuant to subsection (1) shall keep it up to date with the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.

Aircraft Operating Manual
  •  (1) An air operator may establish and maintain an aircraft operating manual for the use and guidance of crew members in the operation of its aircraft.

  • (2) An aircraft operating manual shall contain

    • (a) the aircraft operating procedures; and

    • (b) where the aircraft flight manual is not carried on board the aircraft, the aircraft performance data and limitations specified in the aircraft flight manual, which shall be clearly identified as aircraft flight manual requirements.

  • (3) An air operator that has established an aircraft operating manual shall ensure that a copy of the manual is carried on board each aircraft to which it relates.

Standard Operating Procedures
  •  (1) Every air operator shall, for each of its aircraft that is required to be operated by two or more pilots, establish and maintain standard operating procedures that enable the crew members to operate the aircraft within the limitations specified in the aircraft flight manual and that meet the Commercial Air Service Standards.

  • (2) An air operator that has established standard operating procedures for an aircraft shall ensure that a copy of the standard operating procedures is carried on board the aircraft.

  • (3) Where an air operator has established an aircraft operating manual, the standard operating procedures for the aircraft shall form part of that manual.

[704.125 to 704.127 reserved]

Subpart 5 — Airline Operations

Division I — General

Application

 This Subpart applies in respect of the operation by a Canadian air operator, in an air transport service or in aerial work involving sightseeing operations, of any of the following aircraft:

  • (a) an aeroplane, other than an aeroplane authorized to operate under Subpart 4, that has a MCTOW of more than 8 618 kg (19,000 pounds) or for which a Canadian type certificate has been issued authorizing the transport of 20 or more passengers;

  • (b) a helicopter that has a seating configuration, excluding pilot seats, of 20 or more; or

  • (c) any aircraft that is authorized by the Minister to be operated under this Subpart.

Aircraft Operation

 No air operator shall operate an aircraft under this Subpart unless the air operator complies with the conditions and operations specifications in an air operator certificate issued to that operator by the Minister pursuant to section 705.07.

Operations Manager
  •  (1) [Repealed, SOR/2019-295, s. 15]

  • (2) The operations manager appointed under paragraph 700.09(1)(a) shall, where a finding resulting from a quality assurance program established under section 706.07 or a safety management system referred to in section 705.151 is reported to them,

    • (a) determine what, if any, corrective actions are required and carry out those actions;

    • (b) keep a record of any determination made under paragraph (a) and the reason for it;

    • (c) if management functions have been assigned to another person under subsection (3) or (4), communicate any determination regarding a corrective action to that person; and

    • (d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

  • (3) The operations manager may assign the management functions for the entire safety management system referred to in section 705.151 to another person if the assignment and its scope are described in the air operator’s company operations manual.

  • (4) The operations manager may assign the management functions for specific duties to another person if the assignment and its scope are described in the air operator’s company operations manual.

  • (5) The responsibility of the operations manager is not affected by the assignment of management functions to another person under subsection (3) or (4).

Holder of More Than One Certificate

 If the holder of an air operator certificate issued under section 705.07 is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for maintenance appointed under paragraph 573.03(1)(a) shall, where a finding resulting from a quality assurance program established under section 706.07 is reported to them,

  • (a) determine what, if any, corrective actions are required and carry out those actions;

  • (b) keep a record of any determination made under paragraph (a) and the reason for it;

  • (c) if management functions have been assigned to another person under subsection 573.04(4) or (5), communicate any determination regarding a corrective action to that person; and

  • (d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

  • SOR/2005-173, s. 22

[705.05 and 705.06 reserved]

Division II — Certification

Issuance or Amendment of Air Operator Certificate
  •  (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend an air operator certificate where the applicant demonstrates to the Minister the ability to

    • (a) maintain an adequate organizational structure;

    • (b) maintain an operational control system;

    • (c) meet training program requirements;

    • (d) comply with maintenance requirements;

    • (e) meet the Commercial Air Service Standards for the operation; and

    • (f) conduct the operation safely.

  • (2) For the purposes of subsection (1), an applicant shall have

    • (a) a management organization capable of exercising operational control;

    • (b) managerial personnel who have been approved by the Minister in accordance with the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely,

      • (i) operations manager,

      • (ii) chief pilots,

      • (iii) where the applicant does not hold an approved maintenance organization (AMO) certificate, maintenance manager, and

      • (iv) where flight attendants are required for the operation, flight attendant manager;

    • (c) a safety management system that meets the requirements of Subpart 7 of Part I and section 705.152;

    • (d) operational support services and equipment that meet the Commercial Air Service Standards;

    • (e) after January 1, 1997, where a master minimum equipment list has been established for a type of aircraft, a minimum equipment list for each aircraft of that type, approved by the Minister in accordance with the procedures specified in the MMEL/MEL Policy and Procedures Manual;

    • (f) aircraft that are properly equipped for and crew members who are qualified for the area of operation and the type of operation;

    • (g) an operational control system that meets the requirements of section 705.20;

    • (h) a training program that meets the requirements of section 705.124;

    • (i) legal custody and control of at least one aircraft of each category of aircraft that is to be operated;

    • (j) a company operations manual that meets the requirements of sections 705.134 and 705.135;

    • (k) a maintenance control system approved pursuant to Subpart 6; and

    • (l) an air operator emergency response plan that has the components set out in subsection 725.07(3) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards.

  • SOR/2005-173, s. 23
  • SOR/2005-357, s. 7
 
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