Canadian Aviation Regulations (SOR/96-433)

Certificate of Registration Lost or Destroyed

202.27 The Minister shall replace a lost or destroyed certificate of registration of a Canadian aircraft on receipt of a written application from the registered owner where the registered owner continues to meet the registration requirements referred to in section 202.16.

Amendment or Replacement of Certificate of Registration

• 202.28 (1) The Minister may request the return of a certificate of registration of a Canadian aircraft from the registered owner for the purpose of amending it or for the purpose of replacing it.

• (2) Where the Minister requests the return of a certificate of registration pursuant to subsection (1), the registered owner shall return it to the Minister within seven days after the day on which the request is received.

[202.29 to 202.34 reserved]

Division IV — Transfer of Legal Custody and Control

General

• 202.35 (1) Subject to Subpart 3, where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the certificate of registration of the aircraft is cancelled.

• (2) Where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the registered owner shall, by not later than seven days after the transfer, notify the Minister of the transfer in writing.

• (3) For the purposes of this Division, an owner has legal custody and control of a Canadian aircraft when the owner has complete responsibility for the operation and maintenance of the aircraft.

Interim Registration

• 202.36 (1) Subject to subsection (2), where any part of the legal custody and control of a Canadian aircraft is transferred and the new owner meets the requirements referred to in section 202.16, the aircraft is deemed to be registered with an interim registration in the name of the new owner.

• (2) Where any part of the legal custody and control of an aircraft referred to in subsection (1) is transferred for a second time, the aircraft is not deemed to be registered with an interim registration in the name of the new owner even if the new owner meets the requirements referred to in section 202.16.

• (3) The interim registration of an aircraft referred to in subsection (1) expires on the earliest of

  • (a) the last day of the three-month period following the date of the transfer of any part of the legal custody and control of the aircraft,

  • (b) the day on which there is a further transfer of any part of the custody and control of the aircraft, and

  • (c) the day on which a continuing certificate of registration is issued in respect of the aircraft.

• (4) Where there is a change in the registered owner’s name, address or other information contained in the continuing certificate of registration, the aircraft is deemed to be registered with an interim registration if the requirements specified in the Aircraft Marking and Registration Standards are met.

• (5) The interim registration of an aircraft referred to in subsection (4) expires on the earliest of

  • (a) the last day of the three-month period following the date of the change or amendment,

  • (b) the day on which there is a transfer of any part of the legal custody and control of the aircraft, and

  • (c) the day on which a continuing certificate of registration is issued in respect of the aircraft.

• (6) An interim certificate of registration may not be transferred.

Provisional Registration of an Aircraft

• 202.37 (1) If an aircraft is not registered in Canada or in a foreign state, no person shall operate it for the purpose of importing it into Canada or for the purpose of transporting it from one location in Canada to another location in Canada unless the person first obtains a provisional certificate of registration in accordance with the Aircraft Marking and Registration Standards in respect of the aircraft.

• (2) The Minister may specify in a provisional certificate of registration conditions governing the operation of the aircraft as necessary for its safe and proper operation, and the destination to which and the date or dates on which the aircraft may be operated.

• (3) A provisional certificate of registration expires or is cancelled, as the case may be, when the aircraft

  • (a) arrives at the destination set out in the provisional certificate of registration or, if the provisional certificate of registration specifies that a test flight shall be performed, when the test flight is completed;

  • (b) is operated on a date that is not specified in the provisional certificate of registration; or

  • (c) is operated in a manner that is contrary to any condition specified in the provisional certificate of registration.

Exporting an Aircraft

202.38 Where a Canadian aircraft is sold or leased to a person who is not qualified under section 202.15 to be the registered owner of a Canadian aircraft and the aircraft is not in Canada at the time of its sale or lease or it is understood by the vendor or lessor, as the case may be, that the aircraft is to be exported, the vendor or lessor shall

• (a) remove the Canadian marks from the aircraft and, if applicable, the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft at the time of the sale or lease;

• (b) notify the Minister in writing, within seven days after the sale or lease, of the date of

  • (i) the sale or lease,

  • (ii) the exportation, if applicable,

  • (iii) the removal of the Canadian marks, and

  • (iv) the removal of the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft, if applicable;

• (c) provide the Minister with a copy of all of the agreements that relate to the transfer of any part of the legal custody and control of the aircraft resulting from the sale or lease; and

• (d) return to the Minister the certificate of registration of the aircraft.

[202.39 to 202.41 reserved]

Division V — Operation of Foreign Aircraft

Period of Time Present in Canada

• 202.42 (1) Subject to section 203.03, no person shall operate in Canada an aircraft that is registered in a foreign state that has been present in Canada for a total of 90 days or more in the immediately preceding twelve-month period unless

  • (a) the foreign state is a contracting state;

  • (b) the operator of the aircraft is

    • (i) the foreign state,

    • (ii) an individual who is not a Canadian citizen or a permanent resident but is a citizen or subject of the foreign state, or

    • (iii) an entity that is incorporated or otherwise formed under the laws of the foreign state; and

  • (c) if the operator of the aircraft is an entity described in subparagraph (b)(iii), the aircraft is operated in Canada

    • (i) in accordance with an air operator certificate, or

    • (ii) in any operation other than an operation that would require a private operator certificate if the aircraft were registered in Canada.

• (2) For the purposes of calculating the 90-day period,

  • (a) if the aircraft is present in Canada for any part of a calendar day, that part shall be counted as one day; and

  • (b) an aircraft is deemed to be present in Canada as soon as it enters Canadian airspace.

Aircraft Registered in a Foreign State

• 202.43 (1) Where an aircraft is registered in a foreign state that is not a contracting state or is not a state that has an agreement in force with Canada that allows an aircraft that is registered in that state to be operated in Canada, the Minister may, in writing, authorize the operation of the aircraft in Canada, and in the authorization may specify conditions governing the operation of the aircraft as necessary for its safe and proper operation.

• (2) No person shall operate an aircraft pursuant to an authorization issued under subsection (1) unless the authorization is on board and the aircraft is operated in accordance with any conditions specified in the authorization.

[202.44 and 202.45 reserved]

Division VI — Aircraft Information

Location of an Aircraft

• 202.46 (1) The Minister may request that the owner of an aircraft inform the Minister, in writing, of the location of the aircraft and whether or not the aircraft is serviceable.

• (2) Where the Minister makes a request pursuant to subsection (1), the owner shall comply with the request by not later than seven days after receiving it.

• (3) Where, pursuant to subsection (1), the owner of an aircraft informs the Minister that the aircraft is not serviceable, the owner shall inform the Minister

  • (a) in the case of an aircraft that will be returned to service, of the place at which and the estimated date on which it will be returned to service; and

  • (b) in the case of an aircraft that is permanently withdrawn from service, of whether or not the aircraft has been or will be disposed of and the manner of disposal.