Canadian Aviation Regulations (SOR/96-433)

Division IV — Flight Deck Security

Interpretation

701.26 In this Division, payload capacity means the maximum zero fuel weight of an aeroplane set out in the type certificate issued in respect of the aeroplane less

• (a) the empty weight of the aeroplane;

• (b) the equipment necessary for the operation of the aeroplane; and

• (c) the operating load of the aeroplane, which includes the minimum flight crew.

Application

• 701.27 (1) All the provisions of this Division apply in respect of the operation by a foreign air operator, in Canadian airspace, of a transport category aircraft that is

  • (a) a passenger-carrying aeroplane in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers; or

  • (b) an all-cargo aeroplane with a payload capacity of more than 3 405 kg (7,500 pounds) that was equipped with a flight deck door on June 21, 2002.

• (2) Section 701.28 also applies in respect of the operation by a foreign air operator, in Canadian airspace, of a transport category aircraft that is

  • (a) a passenger-carrying aeroplane in respect of which a type certificate has been issued authorizing the transport of fewer than 20 passengers; or

  • (b) an all-cargo aeroplane with a payload capacity of 3 405 kg (7,500 pounds) or less that was equipped with a flight deck door on June 21, 2002.

Admission to Flight Deck

701.28 No person shall be admitted to the flight deck of an aeroplane other than

• (a) a flight crew member;

• (b) a crew member performing their duties;

• (c) an inspector of the civil aviation authority of the state where the aeroplane is registered; or

• (d) a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator.

Closing and Locking of Flight Deck Door

• 701.29 (1) Subject to subsection (2), the pilot-in-command of an aeroplane that is equipped with a lockable flight deck door and that is carrying passengers shall ensure that at all times from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival the flight deck door is closed and locked.

• (2) Subsection (1) does not apply when crew members or persons authorized in accordance with subsection 701.28 are required to enter or leave the flight deck

  • (a) for the performance of their duties;

  • (b) for physiological needs; or

  • (c) for an overriding concern related to the safety of the flight.

Doors and Locks

• 701.30 (1) Subject to subsections (3) and (4), no foreign air operator shall operate a transport category aircraft, except for a newly manufactured aeroplane on a non-revenue flight and any aeroplane on an overflight, unless the transport category aircraft is equipped with

  • (a) in the case of a passenger-carrying aeroplane,

    • (i) a door between the flight deck and the passenger compartment, and

    • (ii) if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from the passenger compartment, a door between the crew rest facility and the passenger compartment; and

  • (b) in the case of an all-cargo aeroplane that was equipped with a flight deck door on June 21, 2002,

    • (i) a door between the flight deck and a compartment occupied by a person, and

    • (ii) if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from a compartment occupied by a person, a door between the crew rest facility and the compartment.

• (2) The doors required by subsection (1) shall be equipped with a locking device that can be unlocked only from inside the flight deck or the crew rest facility, as the case may be.

• (3) A key shall be readily available to each crew member for each door that separates a passenger compartment or a compartment occupied by a person from an emergency exit, with the exception of a door required by subsection (1).

• (4) No crew member, except a flight crew member, shall have a key to a door required by subsection (1) at any time from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival unless the locking device required by subsection (2) is installed and locked.

• (5) No foreign air operator shall operate an aeroplane that is required by subsection (1) to be equipped with a door unless each door meets the design requirements of section 525.795 of the Airworthiness Manual in effect on May 1, 2002.

[701.31 to 701.36 reserved]

Subpart 2 — Aerial Work

Division I — General

Application

• 702.01 (1) Subject to subsection (2), this Subpart applies in respect of the operation of an aeroplane or helicopter in aerial work involving

  • (a) the carriage on board of persons other than flight crew members;

  • (b) the carriage of helicopter Class B, C or D external loads;

  • (c) the towing of objects; or

  • (d) the dispersal of products.

• (2) This Subpart does not apply in respect of the operation of an ultra-light aeroplane, or in respect of the operation of an aircraft in aerial work involving sightseeing operations.

Aircraft Operation

702.02 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 702.07.

[702.03 to 702.06 reserved]

Division II — Certification

Issuance or Amendment of Air Operator Certificate

• 702.07 (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 meet 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 pilot, and

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

  • (c) the ground handling services and equipment necessary to ensure the safe handling of its flights;

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

  • (e) an operational control system that meets the requirements of section 702.12;

  • (f) a training program that meets the requirements of this Subpart;

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

  • (h) a company operations manual that meets the requirements of sections 702.81 and 702.82; and

  • (i) a maintenance control system approved pursuant to Subpart 6.

Contents of Air Operator Certificate

702.08 An air operator certificate shall contain

• (a) the legal name, trade name and address of the air operator;

• (b) the number of the air operator certificate;

• (c) the effective date of certification;

• (d) the date of issue of the certificate;

• (e) the general conditions identified in section 702.09;

• (f) specific conditions with respect to

  • (i) the areas of operation authorized,

  • (ii) the types of service authorized,

  • (iii) the types of aircraft authorized and, if applicable, their registration, and any operational restrictions, and

  • (iv) the main base and, if applicable, sub-bases; and

• (g) where the air operator complies with the Commercial Air Service Standards, operations specifications with respect to

  • (i) aircraft performance, equipment and emergency equipment requirements,

  • (ii) instrument approach procedures,

  • (iii) operations over a built-up area or in an aerial work zone,

  • (iv) the carriage of persons other than flight crew members and persons whose presence on board an aircraft is essential during flight,

  • (v) special weather minima authorizations,

  • (vi) authorizations concerning flight crew member complement,

  • (vii) navigation system authorizations,

  • (viii) pilot training and pilot proficiency checks,

  • (ix) special helicopter procedures,

  • (x) the air operator maintenance control system approved pursuant to Subpart 6,

  • (xi) leasing arrangements, and

  • (xii) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.

General Conditions of Air Operator Certificate

702.09 An air operator certificate shall contain the following general conditions:

• (a) the air operator shall conduct flight operations in accordance with its company operations manual;

• (b) the air operator shall maintain an adequate organizational structure;

• (c) the air operator shall employ managerial personnel who meet the Commercial Air Service Standards;

• (d) the air operator shall conduct training in accordance with its training program approved pursuant to this Subpart;

• (e) the air operator shall maintain aircraft that are properly equipped for the area of operation and the type of operation;

• (f) the air operator shall employ crew members who are qualified for the area of operation and the type of operation;

• (g) the air operator shall maintain its aircraft in accordance with the requirements of Subpart 6;

• (h) the air operator shall maintain operational support services and equipment that meet the Commercial Air Service Standards;

• (i) the air operator shall notify the Minister within 10 working days after

  • (i) changing its legal name, its trade name, its main base, a sub-base or its managerial personnel, or

  • (ii) ceasing to operate a type of aircraft authorized under this Subpart; and

• (j) the air operator shall conduct a safe operation.

[702.10 reserved]

Division III — Flight Operations

Operating Instructions

• 702.11 (1) An air operator shall ensure that all operations personnel are properly instructed about their duties and about the relationship of their duties to the operation as a whole.

• (2) The operations personnel of an air operator shall follow the procedures specified in the air operator’s company operations manual in the performance of their duties.