Canadian Aviation Regulations

605.35 (1) Subject to subsections (2) and (3), no person shall operate an aircraft, other than a balloon or a glider, in airspace referred to in section 601.03, unless the aircraft is equipped with a transponder and automatic pressure-altitude reporting equipment.

(2) The aircraft referred to in subsection (1) may be operated without a serviceable transponder and automatic pressure-altitude reporting equipment if

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

• (b) where a minimum equipment list has not been approved by the Minister in respect of the operator of the aircraft, the aircraft is operated

  • (i) to the next aerodrome of intended landing, and

  • (ii) thereafter, in accordance with an air traffic control clearance, to complete a planned flight schedule or to proceed to a maintenance facility.

(3) An air traffic control unit may authorize a person to operate an aircraft that is not equipped in accordance with subsection (1) within airspace referred to in section 601.03 where

• (a) the air traffic control unit provides an air traffic control service in respect of that airspace;

• (b) the air traffic control unit received a request from the person to operate the aircraft within that airspace before the aircraft entered the airspace; and

• (c) aviation safety is not likely to be affected.