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Canadian Aviation Regulations

Version of section 602.31 from 2012-07-04 to 2019-06-20:

  •  (1) Subject to subsection (3), the pilot-in command of an aircraft shall

    • (a) comply with and acknowledge, to the appropriate air traffic control unit, all of the air traffic control instructions directed to and received by the pilot-in-command; and

    • (b) comply with all of the air traffic control clearances received and accepted by the pilot-in-command and

      • (i) subject to subsection (2), in the case of an IFR flight, read back to the appropriate air traffic control unit the text of any air traffic control clearance received, and

      • (ii) in the case of a VFR flight, read back to the appropriate air traffic control unit the text of any air traffic control clearance received, when so requested by the air traffic control unit.

  • (2) Except if requested to do so by an air traffic control unit, the pilot-in-command of an IFR aircraft is not required to read back the text of an air traffic control clearance pursuant to paragraph (1)(b)(i) where

    • (a) the air traffic control clearance is received on the ground by the pilot-in-command before departing from a controlled aerodrome in respect of which a standard instrument departure procedure is specified in the Canada Air Pilot; or

    • (b) the receipt of the air traffic control clearance is acknowledged by the pilot-in-command by electronic means.

  • (3) The pilot-in-command of an aircraft may deviate from an air traffic control clearance or an air traffic control instruction to the extent necessary to carry out a collision avoidance manoeuvre, if the manoeuvre is carried out

    • (a) in accordance with a resolution advisory generated by an ACAS; or

    • (b) in response to an alert from a TAWS or a Ground Proximity Warning System (GPWS).

  • (4) The pilot-in-command of an aircraft shall

    • (a) as soon as possible after initiating the collision avoidance manoeuvre referred to in subsection (3), inform the appropriate air traffic control unit of the deviation; and

    • (b) immediately after completing the collision avoidance manoeuvre referred to in subsection (3), comply with the last air traffic control clearance received and accepted by, or the last air traffic control instruction received and acknowledged by, the pilot-in-command.

  • SOR/2012-136, s. 7
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