Canadian Aviation Regulations

704.45 (1) No air operator shall authorize a flight unless the aeroplane has been certified on the basis of the type certification performance requirements set out in

• (a) Subchapter B Flight — General of Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes or Subchapter B Flight — General of Chapter 525 — Transport Category Aeroplanes of the Airworthiness Manual;

• (b) Part 23 — at amendment 23-34 and later — or Part 25, Title 14 of the Code of Federal Regulations of the United States; or

• (c) Special Federal Aviation Regulation 41C, published by the Government of the United States, which includes the performance requirements set out in Annex 8 to the Convention.

(2) Despite subsection (1), an air operator may authorize the take-off of an aeroplane if the aeroplane has fewer than 10 passengers on board or is operated in a non-scheduled air service.