Canadian Aviation Regulations (SOR/96-433)

Seats for Cabin Safety Inspectors

705.28 An air operator shall provide a cabin safety inspector who is performing an in-flight cabin inspection with a confirmed passenger seat in the passenger compartment.

Flight Crew Members at Controls

• 705.29 (1) Subject to subsection (2), flight crew members who are on flight deck duty shall remain at their duty stations with their safety belts fastened and, where the aircraft is below 10,000 feet ASL, with their safety belts, including their shoulder harnesses, fastened.

• (2) Flight crew members may leave their duty stations where

  • (a) their absence is necessary for the performance of duties in connection with the operation of the aircraft;

  • (b) their absence is in connection with physiological needs; or

  • (c) they are taking a rest period and are relieved by other flight crew members who meet the qualifications set out in the Commercial Air Service Standards.

Simulation of Emergency Situations

705.30 No person shall, if passengers or cargo are on board an aircraft, simulate emergency situations that could affect the flight characteristics of the aircraft.

Crew Member Briefing

705.31 The pilot-in-command of an aircraft shall ensure that, prior to each flight or series of flight segments, the crew members of the aircraft are given a pre-flight briefing that meets the Commercial Air Service Standards.

VFR Flight Obstacle Clearance Requirements

705.32 Except when conducting a take-off or landing, no person shall operate an aeroplane in VFR flight

• (a) during the day, at less than 1,000 feet AGL or at a horizontal distance of less than 1,000 feet from any obstacle; or

• (b) at night, at less than 1,000 feet above the highest obstacle located within a horizontal distance of five miles from the route to be flown or, in designated mountainous regions, at less than 2,000 feet above the highest obstacle located within a horizontal distance of five miles from the route to be flown.

VFR Flight Weather Conditions

705.33 No person shall commence a VFR flight unless current weather reports and forecasts, if obtainable, indicate that the weather conditions along the route to be flown and at the destination aerodrome will be such that the flight can be conducted in compliance with VFR.

Take-off Minima

• 705.34 (1) Subject to subsection (2), no person shall conduct a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used unless an alternate aerodrome is specified in the operational flight plan and that aerodrome is located

  • (a) in the case of a twin-engined aircraft, within the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed; or

  • (b) in the case of a three- or four-engined aircraft or where an air operator is authorized in its air operator certificate to conduct ETOPS with the type of aircraft operated, within the distance that can be flown in 120 minutes at the one-engine-inoperative cruise speed.

• (2) A person may conduct a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used, if the weather conditions are at or above the landing minima for another suitable runway at that aerodrome, taking into account the aircraft performance operating limitations specified in Division IV.

• (3) For the purposes of section 602.126, a person may conduct a take-off in an aircraft in IMC where weather conditions are below the take-off minima specified in the instrument approach procedure, if the person

  • (a) is authorized to do so in an air operator certificate; and

  • (b) complies with the Commercial Air Service Standards.

• (4) For the purposes of this section, the landing minima are the decision height or the minimum descent altitude and the visibility published for an approach.

No Alternate Aerodrome — IFR Flight

705.35 For the purposes of section 602.122, a person may conduct an IFR flight where an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary, if the person

• (a) is authorized to do so in an air operator certificate; and

• (b) complies with the Commercial Air Service Standards.

VFR OTT Flight

705.36 No person shall operate an aircraft in VFR OTT flight unless

• (a) the aircraft is a helicopter;

• (b) the person is authorized to do so in an air operator certificate; and

• (c) the person complies with the Commercial Air Service Standards.

Routes in Uncontrolled Airspace

705.37 No person shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the air operator establishes the route in accordance with the Commercial Air Service Standards.

705.38 [Reserved]

Weight and Balance Control

• 705.39 (1) No person shall operate an aircraft unless, during every phase of the flight, the load restrictions, weight and centre of gravity of the aircraft conform to the limitations specified in the aircraft flight manual.

• (2) An air operator shall have a weight and balance system that meets the Commercial Air Service Standards.

• (3) An air operator shall keep a copy of the weight and balance forms, including any amendments to the forms, for not less than 90 days.

• (4) An air operator shall specify in its company operation manual

  • (a) its weight and balance system;

  • (b) its instructions to employees regarding the preparation and accuracy of weight and balance forms; and

  • (c) the period for which the forms shall be kept.

Passenger and Cabin Safety Procedures

• 705.40 (1) An air operator shall establish procedures to ensure that

  • (a) passengers move to and from the aircraft and embark and disembark safely, in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator’s company operations manual;

  • (b) all passengers are seated and secured in accordance with subsection 605.26(1);

  • (c) subject to subsection (2), the back of each seat is in the upright position and all chair tables and carry-on baggage are stowed during movement on the surface, take-off and landing and at such other times as the pilot-in-command considers necessary for the safety of the persons on board the aircraft; and

  • (d) seats located at emergency exits and seats that are not located on the main deck of an aircraft are not occupied by passengers whose presence in those seats could adversely affect the safety of passengers or crew members during an emergency evacuation.

• (2) An air operator may, for the transportation of any passenger who has been certified by a physician as unable to sit upright, allow the back of the seat occupied by such a passenger to remain in the reclining position during movement on the surface, take-off and landing if

  • (a) the passenger is seated in a location that will not restrict the evacuation of other passengers from the aircraft;

  • (b) the passenger is not seated in a row that is next to or immediately in front of an emergency exit; and

  • (c) the seat immediately behind the passenger’s seat is vacant.

• (3) An air operator shall not permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the requirements set out in subsection 725.40(2) of Standard 725 — Airline Operations - Aeroplanes of the Commercial Air Service Standards.

• (4) [Repealed, SOR/2019-296, s. 10]

Flight Attendant Stations

• 705.41 (1) Each flight attendant shall, for take-off and landing, occupy a seat in the passenger cabin that meets the requirements of subsection (2).

• (2) Each flight attendant station shall be approved by the Minister in accordance with the Commercial Air Service Standards.

• (3) No air operator shall permit a flight attendant seat to be occupied by a person other than a flight attendant unless the air operator

  • (a) is authorized to do so in its air operator certificate; and

  • (b) complies with the Commercial Air Service Standards.

Carry-on Baggage

• 705.42 (1) Every air operator shall establish a carry-on baggage control program that is approved by the Minister in accordance with the Commercial Air Service Standards.

• (2) No air operator shall permit a person to carry on board an aircraft any carry-on baggage unless that baggage has been accepted in accordance with a carry-on baggage control program and can be

  • (a) stowed in a compartment or overhead rack that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual for the stowage of carry-on baggage;

  • (b) stowed under a passenger seat; or

  • (c) restrained by a means that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

• (3) No person shall carry on board an aircraft any carry-on baggage unless that baggage has been accepted in accordance with a carry-on baggage control program.

• (4) All carry-on baggage that is stowed under a passenger seat shall be restrained in a manner that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

• (5) All carry-on baggage shall be stowed so that it does not obstruct access to safety equipment, exits or the aisles of the aircraft.

• (6) No air operator shall allow the passenger entry doors of an aircraft to be closed for departure until a crew member has verified that all carry-on baggage is stowed in a location that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual or is restrained by a means that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

• (7) All carry-on baggage shall be safely stowed prior to movement of the aircraft on the surface and during take-off, periods of in-flight turbulence and landing.

• (8) No carry-on baggage that may cause injury to passengers in the event of turbulence or an emergency shall be stowed in an overhead rack unless the rack is equipped with restraining devices or doors that have been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.

Briefing of Passengers

• 705.43 (1) An air operator shall ensure that passengers are given a safety briefing in accordance with the Commercial Air Service Standards.

• (2) An air operator shall ensure that the safety briefing referred to in subsection (1) is given in English and French.

• (3) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility for another person on board the aircraft, the air operator shall ensure that the passenger is given an individual safety briefing that

  • (a) is appropriate to the passenger’s needs; and

  • (b) meets the Commercial Air Service Standards.

• (4) An air operator shall ensure that, in the event of an emergency and where time and circumstances permit, all passengers are given an emergency briefing in accordance with the Commercial Air Service Standards.

• (5) An air operator shall ensure that each passenger who is seated next to a window emergency exit is informed by a crew member that the window is an emergency exit and is made aware of how to operate that exit.

Safety Features Card and Supplemental Briefing Card

• 705.44 (1) An air operator shall provide each passenger, at the passenger’s seat, with a safety features card containing, in pictographic form, the information required for a safety features card by section 725.44 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards, and any wording shall be in English and French.

• (2) An air operator shall ensure that

  • (a) the information required for a supplemental briefing card by section 725.44 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards is available to passengers in the following four formats:

    • (i) English text in 14-point or larger sans-serif type with dark characters on a light background,

    • (ii) French text in 14-point or larger sans-serif type with dark characters on a light background,

    • (iii) English braille as defined and set out in the publication entitled English Braille, American Edition, 1994, published in 1994 or later by the Braille Authority of North America, and

    • (iv) French braille as set out in the Code braille français uniformisé pour la transcription des textes imprimés (CBFU), Quebec Edition (2008); and

  • (b) two copies in each format are on board every aircraft.

• (3) The four formats may be displayed on one or more supplemental briefing cards.