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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2024-11-26 and last amended on 2023-06-21. Previous Versions

Part VII — Commercial Air Services (continued)

Subpart 2 — Aerial Work (continued)

Division V — Aircraft Equipment Requirements (continued)

[702.47 to 702.53 reserved]

Division VI — Emergency Equipment

[702.54 to 702.63 reserved]

Division VII — Personnel Requirements

Designation of Pilot-in-command and Second-in-command

 An air operator shall designate for each flight a pilot-in-command and, where the crew includes two pilots, a pilot-in-command and a second-in-command.

Flight Crew Member Qualifications

 No air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person

  • (a) holds the licence and ratings required by Part IV or, where the air operator is the holder of an air operator certificate issued in accordance with Chapter 15 and Annex I — Schedule of Canada of CUSMA, the equivalent foreign licence and ratings;

  • (b) where the aircraft is operated in IFR flight and persons other than flight crew members are on board, has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards;

  • (c) if the person is not the chief pilot, has successfully completed a competency check or a pilot proficiency check, the validity period of which has not expired, for that type of aircraft in accordance with the Commercial Air Service Standards; and

  • (d) has fulfilled the requirements of the air operator’s ground and flight training program.

Check Authority
  •  (1) A pilot proficiency check shall be conducted by the Minister.

  • (2) Any other check required under this Subpart may be conducted by the Minister.

Validity Period
  •  (1) Subject to subsections (3) and (5), the validity period of a pilot proficiency check expires on the first day of the twenty-fifth month following the month in which the proficiency check was completed.

  • (2) Subject to subsections (4) and (5), the validity period of a competency check and the annual training referred to in section 702.76 expires on the first day of the thirteenth month following the month in which the competency check or training was completed.

  • (3) Where a pilot proficiency check is renewed within the last 90 days of its validity period, its validity period is extended by 24 months.

  • (4) Where a competency check or annual training is renewed within the last 90 days of its validity period, its validity period is extended by 12 months.

  • (5) The Minister may extend the validity period of a pilot proficiency check, a competency check or annual training by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.

  • (6) Where the validity period of a pilot proficiency check, a competency check or annual training has been expired for 24 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.

[702.68 to 702.75 reserved]

Division VIII — Training

Training Program
  •  (1) Every air operator shall establish and maintain a ground and flight training program that is

    • (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and

    • (b) approved by the Minister in accordance with the Commercial Air Service Standards.

  • (2) An air operator’s ground and flight training program shall include

    • (a) company indoctrination training;

    • (b) upgrading training;

    • (c) training in the aerial work to be conducted; and

    • (d) initial and annual training, including

      • (i) aircraft type training,

      • (ii) aircraft servicing and ground handling training,

      • (iii) emergency procedures training,

      • (iv) aircraft surface contamination training for pilots and other operations personnel,

      • (v) training for personnel who are assigned to perform duties on board an aircraft or who are carried externally by an aircraft, and

      • (vi) any other training required to ensure a safe operation under this Subpart.

  • (3) An air operator shall

    • (a) include a detailed syllabus of its ground and flight training program in its company operations manual;

    • (b) ensure that adequate facilities and qualified personnel are provided for its ground and flight training program, in accordance with the Commercial Air Service Standards; and

    • (c) establish and maintain a safety awareness program concerning the adverse effects of aircraft surface contamination and provide the program to all flight operations personnel who are not required to receive the training described in subparagraph (2)(d)(iv).

Training and Qualification Records
  •  (1) Every air operator shall, for each person who is required to receive training under this Subpart, establish and maintain a record of

    • (a) the person’s name and, where applicable, personnel licence number, type and ratings;

    • (b) if applicable, the person’s medical category and the expiry date of that category;

    • (c) the dates on which the person, while in the air operator’s employ, successfully completed any training, pilot proficiency check, competency check or examination required under this Subpart or obtained any qualification required under this Subpart;

    • (d) information relating to any failure of the person, while in the air operator’s employ, to successfully complete any training, pilot proficiency check, competency check or examination required under this Subpart or to obtain any qualification required under this Subpart; and

    • (e) the type of aircraft or flight training equipment used for any training, pilot proficiency check, competency check or qualification required under this Subpart.

  • (2) An air operator shall retain the records referred to in paragraphs (1)(c) and (d) and a record of each pilot proficiency check for at least three years.

  • (3) An air operator shall retain a copy of the most recent written examination completed by each pilot for each type of aircraft for which the pilot has a qualification.

Amendments to Training Program
  •  (1) If the Minister determines that an air operator’s training program required under section 702.76 does not include the competencies required for each person who receives training to perform their assigned duties, the Minister shall notify the air operator of

    • (a) the corrective actions that the air operator is required to implement to its training program; and

    • (b) the date by which the air operator is required to submit its amended training program to the Minister for approval under paragraph 702.76(1)(b).

  • (2) The air operator referred to in subsection (1) shall submit its amended training program to the Minister on or before the date specified by the Minister under paragraph (1)(b).

[702.79 and 702.80 reserved]

Division IX — Manuals

Requirements relating to Company Operations Manual
  •  (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of section 702.82.

  • (2) An air operator shall submit its company operations manual, and any amendments to that manual, to the Minister.

  • (3) Where there is a change in any aspect of an air operator’s operation or where the company operations manual no longer meets the Commercial Air Service Standards, the air operator shall amend its company operations manual.

  • (4) The Minister shall, where the Commercial Air Service Standards are met, approve those parts of a company operations manual, and any amendments to those parts, that relate to the information required by section 702.82.

Contents of Company Operations Manual
  •  (1) A company operations manual, which may be issued in separate parts corresponding to specific aspects of an operation, shall include the instructions and information necessary to enable the personnel concerned to perform their duties safely and shall contain the information required by the Commercial Air Service Standards.

  • (2) A company operations manual shall be such that

    • (a) all parts of the manual are consistent and compatible in form and content;

    • (b) the manual can be readily amended;

    • (c) the manual contains an amendment control page and a list of the pages that are in effect; and

    • (d) the manual has the date of the last amendment to each page specified on that page.

Distribution of Company Operations Manual
  •  (1) Subject to subsection (2), an air operator shall provide a copy of the appropriate parts of its company operations manual, including any amendments to those parts, to each of its crew members and to its ground operations and maintenance personnel.

  • (2) If an air operator has established procedures in its company operations manual for amending the manual, the air operator may, instead of providing a copy of the appropriate parts of that manual to each crew member, place a copy of those parts

    • (a) in each aircraft that it operates; or

    • (b) in an appropriate place other than an aircraft that it operates for the purpose of conducting a parachute descent within 25 nautical miles of the aerodrome of departure.

  • (3) Every person who has been provided with a copy of the appropriate parts of a company operations manual pursuant to subsection (1) shall keep it up to date with the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.

  • SOR/2009-152, s. 6
Standard Operating Procedures
  •  (1) Every air operator shall, for each of its aircraft that is required to be operated by two or more pilots, establish and maintain standard operating procedures that enable the crew members to operate the aircraft within the limitations specified in the aircraft flight manual and that meet the Commercial Air Service Standards.

  • (2) An air operator that has established standard operating procedures for an aircraft shall ensure that a copy of the standard operating procedures is carried on board the aircraft.

[702.85 to 702.90 reserved]

Division X — Flight Time, Flight Duty Period Limitations and Rest Periods

Monitoring System
  •  (1) An air operator shall have a system that monitors the flight time, flight duty periods and rest periods of each of its flight crew members and shall include in its company operations manual the details of that system.

  • (2) If a person who is assigned by an air operator to act as a flight crew member, or any other person, becomes aware that the assignment would result in the maximum flight time referred to in section 702.92 or the maximum flight duty period referred to in section 702.93 being exceeded, the person shall advise the air operator as soon as possible.

  • SOR/2018-269, s. 14
Maximum Flight Time
  •  (1) Subject to subsection (2), an air operator shall not assign flight time to a flight crew member, and a flight crew member shall not accept such an assignment, if the member’s total flight time will, as a result, exceed

    • (a) 1,200 hours in any 365 consecutive days;

    • (b) 300 hours in any 90 consecutive days;

    • (c) 120 hours in any 30 consecutive days or, in the case of a flight crew member on call, 100 hours in any 30 consecutive days;

    • (d) 60 hours in any 7 consecutive days; or

    • (e) if the member conducts single-pilot IFR flights, eight hours in any 24 consecutive hours.

  • (2) However, an air operator may assign flight time to a flight crew member, and a member may accept such an assignment, even if the member’s flight time will, as a result, exceed the flight time referred to in subsection (1) if

    • (a) the extension of flight time is authorized in the air operator certificate; and

    • (b) the air operator and the member comply with the Commercial Air Service Standards.

  • (3) Subject to section 702.94, a flight crew member who reaches a flight time limitation established by this section shall not remain on flight duty or be reassigned to flight duty until the member has been provided with the rest period required by section 702.93 or the time free from duty required by section 702.96.

  • SOR/2018-269, s. 14
Maximum Flight Duty Period and Rest Periods
  •  (1) Subject to subsections (3) and (5), an air operator shall not assign a flight duty period to a flight crew member, and a flight crew member shall not accept such an assignment, if the member’s flight duty period will, as a result, exceed 14 consecutive hours in any 24 consecutive hours.

  • (2) Following a flight duty period, an air operator shall provide a flight crew member with the minimum rest period and any additional rest period required by this Subpart.

  • (3) When a flight duty period includes a rest period, the flight duty period may be extended beyond the maximum flight duty period referred to in subsection (1) by one-half the length of the rest period referred to in paragraph (b), to a maximum of three hours, if the air operator

    • (a) provides the flight crew member with advance notice of the extension of the flight duty period;

    • (b) provides the member with a rest period of at least four consecutive hours in suitable accommodation; and

    • (c) does not interrupt the member’s rest period.

  • (4) An air operator shall extend the rest period that follows the flight duty period referred to in subsection (3) and that is provided before the next flight duty period by an amount of time that is at least equal to the length of the extension of the flight duty period.

  • (5) An air operator may assign a flight duty period to a flight crew member, and a flight crew member may accept such an assignment, even if the flight duty period will, as a result, exceed the maximum flight duty period referred to in subsection (1) if

    • (a) the extension of the flight duty period is authorized in the air operator certificate; and

    • (b) the air operator and the member comply with the Commercial Air Service Standards.

  • SOR/2018-269, s. 14
 

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