Canadian Aviation Regulations (SOR/96-433)

General Conditions of a Flight Training Unit Operator Certificate

406.13 A flight training unit operator certificate shall contain the following general conditions:

• (a) the flight training unit shall maintain the organizational structure referred to in paragraph 406.11(1)(a);

• (b) the flight training unit shall have the personnel referred to in the personnel licensing standards;

• (c) the flight training unit shall have aircraft that are properly equipped for the geographic area of operation and the type of authorized training;

• (d) the flight training unit shall maintain its aircraft in accordance with the maintenance requirements of Parts V and VI and Division IV of this Subpart;

• (e) the flight training unit shall conduct flight training in accordance with the provisions of Subpart 5 and Division V of this Subpart and, if the flight training unit conducts an integrated course or operates a sub-base, it shall also conduct flight training in accordance with the flight training operations manual;

• (f) the flight training unit shall, when required to establish and maintain a training manual in accordance with section 406.62, conduct training in accordance with that training manual; and

• (g) the flight training unit shall notify the Minister of any change in its legal name, trade name, base of operations or managerial personnel within 10 working days after the change.

• (h) [Repealed, SOR/2015-160, s. 19]

Quality Assurance Program — Integrated Course

406.14 A flight training unit that conducts an integrated course shall establish and maintain a quality assurance program that meets the requirements of section 426.14 of the personnel licensing standards in order to ensure that the flight training unit continues to comply with the conditions and specifications in the flight training unit operator certificate.

[406.15 to 406.18 reserved]

Division III — Personnel

Duties of Certificate Holder in Respect of Maintenance

• 406.19 (1) The holder of an operator certificate issued in respect of a flight training unit that operates an aeroplane or a helicopter shall

  • (a) appoint a person responsible for the maintenance control system;

  • (b) subject to subsection (4), ensure that the person responsible for the maintenance control system has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations;

  • (c) [Repealed, SOR/2022-246, s. 9]

  • (d) ensure that the person responsible for the maintenance control system performs the duties referred to in subsections 406.36(1) and 406.47(2) and (3);

  • (e) provide the person responsible for the maintenance control system with the financial and human resources necessary to ensure that the holder of the flight training unit operator certificate meets the requirements of these Regulations; and

  • (f) [Repealed, SOR/2022-246, s. 9]

  • (g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 406.47.

• (2) [Repealed, SOR/2022-246, s. 9]

• (3) [Repealed, SOR/2022-246, s. 9]

• (4) The knowledge requirement set out in paragraph (1)(b) does not apply in respect of

  • (a) a person responsible for the maintenance control system who held that position on January 1, 1997; or

  • (b) the holder of an aircraft maintenance engineer (AME) licence.

• (5) The holder of a flight training unit operator certificate shall ensure that no person is appointed to be responsible for the maintenance control system or remains responsible for the system if, at the time of their appointment or during their tenure, they have a record of conviction for

  • (a) an offence under section 7.3 of the Act; or

  • (b) two or more offences under any of sections 605.84 to 605.86 not arising from a single occurrence.

[406.20 reserved]

Appointment of Chief Flight Instructor

• 406.21 (1) Subject to subsections (3) and (4), a flight training unit shall

  • (a) appoint a chief flight instructor; and

  • (b) ensure that the person appointed as chief flight instructor meets the requirements set out in section 406.22.

• (2) A flight training unit shall inform the Minister within 10 working days after

  • (a) the appointment of a chief flight instructor; or

  • (b) any change in the appointment of a chief flight instructor.

• (3) With the authorization of the Minister, a flight training unit may, for a period of up to 60 days, continue flight training operations without a chief flight instructor if the flight training unit complies with the personnel licensing standards.

• (4) With the authorization of the Minister, a flight training unit may, for a period of up to six months, continue flight training operations with a chief flight instructor who is subject to a prohibition regarding the exercise of the privileges of a permit, licence or rating pursuant to section 404.06, if the flight training unit complies with the personnel licensing standards.

Requirements for Chief Flight Instructor

406.22 No person shall act as a chief flight instructor unless the person

• (a) has the qualifications required for the position, as set out in the personnel licensing standards; and

• (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as set out in the personnel licensing standards.

Requirements for Assistant Chief Flight Instructor

406.22.1 No flight training unit shall appoint a person as an assistant chief flight instructor and no person shall act as an assistant chief flight instructor unless the person

• (a) has the qualifications required for the position, as set out in the personnel licensing standards; and

• (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor.

Appointment of Check Instructor

406.22.2 A flight training unit conducting an integrated course in accordance with Division VIII of this Subpart shall

• (a) appoint a check instructor; and

• (b) ensure that the person appointed as check instructor meets the requirements set out in section 406.22.3.

Requirements for Check Instructor

406.22.3 No person shall act as a check instructor unless the person is a chief flight instructor or

• (a) has the qualifications required for the position, as set out in the personnel licensing standards; and

• (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor.

Appointment of Flight Instructors

406.23 No flight training unit shall appoint a person as a flight instructor unless the person is qualified in accordance with section 405.21.

Requirements for Ground Instructors

406.24 No flight training unit shall appoint a person as a ground instructor and no person shall act as a ground instructor unless the person holds a flight instructor rating in the appropriate category or meets the personnel licensing standards.

Operational Personnel Records

406.25 A flight training unit shall, at its main base or sub-base, as applicable, establish, maintain and retain for at least two years after an entry is made, for each ground instructor, each flight instructor and every other member of its operational personnel, a record that meets the personnel licensing standards.

Aircraft Familiarization

406.26 No flight training unit shall assign a person to conduct flight training in an aircraft unless the person is familiar with the flight characteristics, operating limitations and operational performance data specified in the aircraft flight manual or equivalent document.

[406.27 to 406.30 reserved]

Division IV — Aircraft

Aircraft Registration Requirements

406.31 No flight training unit that is a person described in paragraph 406.04(a) shall operate an aircraft in a flight training service in Canada unless

• (a) the aircraft is registered in Canada under Division II of Subpart 2 of Part II or in another contracting state;

• (b) where the aircraft is registered in another contracting state, the Minister has authorized its operation; and

• (c) in the case of an aircraft other than an ultra-light aeroplane, the aircraft type is approved for operation in Canada.

Aircraft Flight Authority

406.32 No flight training unit shall operate an aircraft in a flight training service unless

• (a) in the case of a flight training unit that operates an aeroplane or a helicopter, a certificate of airworthiness that meets the requirements of Article 31 of the Convention has been issued for the aircraft pursuant to section 507.02;

• (b) in the case of a flight training unit that operates a glider, a balloon or a gyroplane, a flight authority has been issued for the aircraft pursuant to Subpart 7 of Part V; and

• (c) the aircraft meets the requirements of section 405.23.

Safety Belt and Shoulder Harness Requirements

406.33 No flight training unit shall operate an aeroplane or a helicopter unless each front seat, or each seat occupied by a trainee or flight instructor, is equipped with a safety belt that includes a shoulder harness.

Checklists

406.34 For the purpose of establishing safe aircraft operating procedures, a flight training unit that operates an aeroplane or a helicopter shall establish and make readily available to each flight crew member on board the aircraft the checklist referred to in section 602.60 for each aircraft type that it operates.

Maintenance Control System

406.35 A flight training unit that operates an aeroplane or a helicopter shall establish and comply with a maintenance control system that

• (a) consists of policies and procedures regarding the maintenance of aircraft operated by the flight training unit;

• (b) meets the requirements of this Subpart; and

• (c) is described in the flight training unit’s maintenance control manual (MCM).

Person Responsible for Maintenance Control System

• 406.36 (1) The person responsible for the maintenance control system appointed under paragraph 406.19(1)(a) shall, where a finding resulting from a quality assurance program established under section 406.47 is reported to them,

  • (a) determine what, if any, corrective actions are required and carry out those actions;

  • (b) keep a record of any determination made under paragraph (a) and the reason for it;

  • (c) if management functions have been assigned to another person under subsection (2) or (3), communicate any determination regarding a corrective action to that person; and

  • (d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

• (2) The person responsible for the maintenance control system may assign the management functions for the entire quality assurance program established under section 406.47, including the authority to remove aircraft from operation under subsection (6), to another person if

  • (a) that person meets the requirements set out in paragraph 406.19(1)(b) and subsection 406.19(5); and

  • (b) the assignment and its scope are described in the maintenance control manual (MCM) of a flight training unit that operates an aeroplane or a helicopter.

• (3) The person responsible for the maintenance control system may assign the management functions for specific maintenance control activities, including the authority to remove aircraft from operation under subsection (6), to another person if the assignment and its scope are described in the MCM of a flight training unit that operates an aeroplane or a helicopter.

• (4) The responsibility of the person responsible for the maintenance control system is not affected by the assignment to another person of management functions under subsection (2) or (3).

• (5) If a flight training unit that operates an aeroplane or a helicopter is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for the maintenance control system at the flight training unit shall

  • (a) be the person responsible for maintenance at the AMO appointed under section 573.03; and

  • (b) meet the requirements referred to in paragraph 406.19(1)(b), subsection 406.19(5) and paragraph 573.03(1)(c).

• (6) The person responsible for the maintenance control system shall remove aircraft from operation if the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public.