Canadian Aviation Regulations

605.33 (1) This section applies in respect of the following multi-engined turbine-powered aircraft:

• (a) an aircraft in respect of which a type certificate has been issued authorizing the transport of 30 or fewer passengers, configured for 10 or more passenger seats and manufactured after October 11, 1991;

• (b) an aeroplane in respect of which a type certificate has been issued authorizing the transport of 30 or fewer passengers and configured for 20 to 30 passenger seats;

• (c) an aircraft in respect of which a type certificate has been issued authorizing the transport of more than 30 passengers; and

• (d) an aircraft in respect of which a type certificate has been issued authorizing the transport of cargo only and operated under Subpart 5 of Part VII.

(2) Subject to subsection (4), no person shall dispatch or conduct a take-off in an aircraft unless it is equipped with a flight data recorder that conforms to section 551.100 of Chapter 551 of the Airworthiness Manual and section 625.33 of Standard 625 — Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards.

(3) Subject to subsection (4), no person shall operate an aircraft unless the flight data recorder is operated continuously from the start of the take-off until the completion of the landing.

(4) Subsections (2) and (3) do not apply in respect of an aircraft without a serviceable flight data recorder if

• (a) a minimum equipment list has been approved by the Minister in respect of the operator of the aircraft under subsection 605.07(3) and the aircraft is operated in accordance with the minimum equipment list; or

• (b) a minimum equipment list has not been approved by the Minister in respect of the operator of the aircraft and the following conditions are met:

  • (i) the period during which the aircraft is operated without a serviceable flight data recorder does not exceed 90 days from the day on which the flight data recorder ceased to be serviceable,

  • (ii) aircraft technical records that indicate the date on which the flight data recorder ceased to be serviceable are carried on board the aircraft,

  • (iii) the aircraft is required to be equipped with a cockpit voice recorder under section 605.34, and

  • (iv) the cockpit voice recorder is serviceable.