Canadian Aviation Regulations (SOR/96-433)

Subpart 2 — Application

Application

102.01 These Regulations do not apply in respect of

• (a) military aircraft of Her Majesty in right of Canada when they are being manoeuvred under the authority of the Minister of National Defence;

• (b) military aircraft of a country other than Canada, to the extent that the Minister of National Defence has exempted them from the application of these Regulations pursuant to subsection 5.9(2) of the Act;

• (b.1) remotely piloted aircraft that are operated indoors or underground; or

• (c) rockets, hovercraft or wing-in-ground-effect machines, unless otherwise indicated in these Regulations.

Subpart 3 — Administration and Compliance

Division I[Repealed, SOR/2019-119, s. 2]

103.01 [Repealed, SOR/2019-119, s. 2]

Division II — Compliance

Inspection of Aircraft, Requests for Production of Documents and Prohibitions

• 103.02 (1) The owner or operator of an aircraft shall, on reasonable notice given by the Minister, make the aircraft available for inspection in accordance with the notice.

• (2) Every person who

  • (a) is the holder of a Canadian aviation document,

  • (b) is the owner, operator or pilot-in-command of an aircraft in respect of which a Canadian aviation document, technical record or other document is kept, or

  • (c) has in possession a Canadian aviation document, technical record or other document relating to an aircraft or a commercial air service

  shall produce the Canadian aviation document, technical record or other document for inspection in accordance with the terms of a demand made by a peace officer, an immigration officer or the Minister.

• (3) No person shall

  • (a) lend a Canadian aviation document to any person who is not entitled to it by these Regulations, or allow any such person to use a Canadian aviation document; or

  • (b) mutilate, alter or render illegible a Canadian aviation document.

• (4) For the purposes of this section, other document includes all writings, papers and other records made, held or maintained by the owner, operator or pilot-in-command of an aircraft for the purpose of recording any action, activity, performance or use of the aircraft or any activity of the owner, operator or crew members in respect of that aircraft, whether or not the documents are required by law to be made, held or maintained.

Return of Canadian Aviation Documents

103.03 Where a Canadian aviation document has been suspended or cancelled, the person to whom it was issued shall return it to the Minister immediately after the effective date of the suspension or cancellation.

Record Keeping

103.04 Recording systems, including computer records and microfiche, that do not comprise entries on paper may be used to comply with the record-keeping requirements of these Regulations if

• (a) measures are taken to ensure that the records contained in the recording systems are protected, by electronic or other means, against inadvertent loss or destruction and against tampering; and

• (b) a copy of the records contained in the recording systems can be printed on paper and provided to the Minister on reasonable notice given by the Minister.

[103.05 reserved]

Division III — Canadian Aviation Documents

Notices of Refusal to Issue, Amend or Renew and Notices of Suspension or Cancellation

• 103.06 (1) A notice issued by the Minister pursuant to subsections 6.9(1) and (2) of the Act shall include

  • (a) a description of the particulars of the alleged contravention;

  • (b) where the Minister has decided to suspend the Canadian aviation document, a statement of the duration of the suspension; and

  • (c) a statement that a request for review by the Tribunal does not operate as a stay of the suspension or cancellation but that an application may be made in writing to the Tribunal, pursuant to subsection 6.9(4) of the Act, to stay the suspension or cancellation until the review of the decision of the Minister has been concluded.

• (2) A notice issued by the Minister pursuant to subsections 7(1) and (2) of the Act shall include

  • (a) a statement of the effective date of the suspension;

  • (b) a statement of the conditions under which the suspension is terminated; and

  • (c) a statement that a request for review by the Tribunal does not operate as a stay of the suspension.

• (3) A notice issued by the Minister pursuant to subsections 7.1(1) and (2) of the Act shall include

  • (a) where the Minister has decided to suspend or cancel a Canadian aviation document, a statement of the effective date of the suspension or cancellation;

  • (b) where the Minister has decided to suspend the Canadian aviation document, a statement of the duration of the suspension or the conditions under which the suspension is terminated; and

  • (c) a statement that a request for review by the Tribunal does not operate as a stay of the suspension, cancellation or refusal to renew.

• (4) A notice issued by the Minister under subsection 6.71(2) of the Act informing an applicant or an owner or operator of an aircraft, aerodrome, airport or other facility of the Minister’s decision made under subsection 6.71(1) of the Act to refuse to issue or amend a Canadian aviation document in respect of the aircraft, aerodrome, airport or other facility shall be in the form set out in Schedule I to this Subpart.

Administrative Grounds for Suspension, Cancellation or Refusal to Renew

103.07 In addition to the grounds referred to in sections 6.9 to 7.1 of the Act, the Minister may suspend, cancel or refuse to renew a Canadian aviation document where

• (a) the Canadian aviation document has been voluntarily surrendered to the Minister by its holder;

• (b) the Canadian aviation document has been mutilated, altered, or rendered illegible;

• (c) the aircraft in respect of which the Canadian aviation document was issued has been destroyed or withdrawn from use; or

• (d) the commercial air service, other service or undertaking in respect of which the Canadian aviation document was issued has been discontinued.

Division IV — Designated Provisions

Designated Provisions

• 103.08 (1) The provisions set out in column I of Schedule II to this Subpart are hereby designated as provisions the contravention of which may be dealt with under, and in accordance with the procedure set out in, sections 7.7 to 8.2 of the Act.

• (2) The amounts set out in column II of Schedule II to this Subpart are the maximum amounts payable in respect of a contravention of the designated provisions set out in column I.

• (3) A notice issued to a person by the Minister under subsection 7.7(1) of the Act shall specify

  • (a) the particulars of the alleged contravention;

  • (b) that the person on or to whom the notice is served or sent has the option of paying the amount specified in the notice or filing a request for a review with the Tribunal of the alleged contravention or the amount of the penalty;

  • (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on or to whom the notice in respect of that contravention is served or sent;

  • (d) that, if the person on or to whom the notice is served or sent files a request for a review with the Tribunal, that person will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention; and

  • (e) that, if the person on or to whom the notice is served or sent fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period, that person will be deemed to have committed the contravention set out in the notice.

Division V — Preservation and Return of Evidence or Aircraft

Preservation and Return of Evidence

103.09 Where the Minister seizes anything pursuant to paragraph 8.7(1)(c) of the Act, the Minister shall

• (a) mark it in a clearly identifiable manner;

• (b) take reasonable care to preserve it until it is required to be produced as evidence; and

• (c) return it to the person from whom it was seized within 90 days after the seizure, where

  • (i) there is no dispute as to who is lawfully entitled to possession of the thing seized,

  • (ii) the return is not likely to affect aviation safety, and

  • (iii) the continued detention of the thing seized is not required for the purposes of an investigation, hearing or other similar proceeding.

Preservation and Return of Aircraft

103.10 Where the Minister detains an aircraft pursuant to paragraph 8.7(1)(d) of the Act, the Minister shall

• (a) take reasonable care to preserve it; and

• (b) return it to the person who had custody of it when it was detained or to the person who is lawfully entitled to possession of it, where the Minister has reasonable grounds to believe that the aircraft

  • (i) will not be operated, or

  • (ii) is airworthy or will be rendered airworthy prior to operation and will not be operated in an unsafe manner.

Interpretation

103.11 Nothing in these Regulations shall be construed as requiring the Minister to make repairs or modifications to anything seized or detained pursuant to paragraph 8.7(1)(c) or (d) of the Act.

Division VI — Definition of Principal

Definition of Principal

103.12 For the purposes of paragraphs 6.71(1)(c) and 7.1(1)(c) of the Act, principal means

• (a) in respect of an air operator,

  • (i) any person who is employed or contracted by the air operator on a full- or part-time basis as the operations manager, the chief pilot or the person responsible for the maintenance control system, or any person who occupies an equivalent position,

  • (ii) any person who exercises control over the air operator as an owner, and

  • (iii) the accountable executive appointed by the air operator under section 106.02;

• (b) in respect of a private operator,

  • (i) any person who is employed or contracted by the private operator on a full- or part-time basis as the operations manager, maintenance manager or chief pilot, or any person who occupies an equivalent position, and

  • (ii) any person who exercises control over the private operator as an owner;

• (c) in respect of an approved maintenance organization,

  • (i) any person who is employed or contracted by the approved maintenance organization on a full- or part-time basis as the person responsible for maintenance,

  • (ii) any person who exercises control over the approved maintenance organization as an owner; and

  • (iii) the accountable executive appointed by the approved maintenance organization under section 106.02;

• (d) in respect of an approved training organization,

  • (i) any person who is responsible for the quality control system, or any person who occupies an equivalent position, and

  • (ii) any person who exercises control over the approved training organization as an owner;

• (e) in respect of a flight training unit,

  • (i) the chief flight instructor,

  • (ii) any person who is employed or contracted by the flight training unit on a full- or part-time basis as the person responsible for the maintenance control system,

  • (iii) any person who exercises control over the flight training unit as an owner, and

  • (iv) the accountable executive appointed by the flight training unit under section 106.02;

• (f) in respect of a manufacturer of aeronautical products,

  • (i) any person who is responsible for the quality control system, or any person who occupies an equivalent position, and

  • (ii) any person who exercises control over the manufacturer as an owner;

• (g) in respect of a distributor of aeronautical products,

  • (i) any person who is responsible for the product control system, or any person who occupies an equivalent position, and

  • (ii) any person who exercises control over the distributor as an owner;

• (h) in respect of an airport,

  • (i) any person who is employed or contracted by its operator on a full- or part-time basis as the airport manager, or any person who occupies an equivalent position,

  • (ii) any person who exercises control over the airport as an owner, and

  • (iii) the accountable executive appointed by its operator under paragraph 106.02(1)(a); and

• (i) in respect of a provider of air traffic services,

  • (i) any person who is employed or contracted by the provider of air traffic services on a full- or part-time basis as the operations manager, or any person who occupies an equivalent position,

  • (ii) any person who exercises control over the provider of air traffic services as an owner, and

  • (iii) the accountable executive appointed by the provider of air traffic services under paragraph 106.02(1)(a).