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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-06-01 and last amended on 2022-03-06. Previous Versions

Part VI — General Operating and Flight Rules (continued)

Subpart 2 — Operating and Flight Rules (continued)

Division II — Operational and Emergency Equipment Requirements (continued)

Offshore Operations Flight
  •  (1) Subject to section 602.65, no person shall dispatch or conduct a take-off in a helicopter to conduct an offshore operations flight if, during the pre-flight check required under section 602.71 or the weather check required under section 602.72, the pilot-in-command or the air operator is aware that the sea state at any point along the planned route exceeds the sea state for which the helicopter is certified, as part of its type design, to conduct a ditching.

  • (2) An air operator who uses a helicopter to conduct an offshore operations flight shall notify the pilot-in-command if, at take-off or during the flight, the air operator is or becomes aware that the sea state at any point along the planned route between the position of the helicopter and the destination exceeds the sea state for which the helicopter is certified, as part of its type design, to conduct a ditching.

  • (3) If the pilot-in-command of a helicopter who is conducting an offshore operations flight is or becomes aware that the sea state at any point along the planned route between the position of the helicopter and the destination exceeds the sea state for which the helicopter is certified, as part of its type design, to conduct a ditching, the pilot-in-command shall, subject to section 602.65, proceed directly to a land base.

  • SOR/2015-84, s. 4
Emergency Exception

 Subsections 602.64(1) and (3) do not apply in respect of an offshore operations flight conducted for the purpose of responding to an emergency.

  • SOR/2015-84, s. 4
Emergency Underwater Breathing Apparatus (EUBA)
  •  (1) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters unless

    • (a) a EUBA is provided for each person on board;

    • (b) each EUBA

      • (i) is readily accessible for immediate use in the event of a ditching,

      • (ii) can be donned quickly,

      • (iii) provides a supplemental air supply that is effective to a depth of at least 3.6 m, and

      • (iv) is not likely to pose a snagging risk during an evacuation of the helicopter; and

    • (c) each person on board has, in the 36-month period preceding the flight, received EUBA training that

      • (i) is specific to the type of EUBA provided,

      • (ii) includes classroom theory training on the use of the EUBA and its limits and hazards, and

      • (iii) includes practical pool training that simulates the evacuation of a helicopter that has overturned or is sinking after a ditching.

  • (2) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters that have a temperature of 10°C or more unless the EUBA that is provided for a person under subsection (1) is attached to the life preserver, individual flotation device or personal flotation device that is carried on board the helicopter for that person.

  • (3) No person shall operate a helicopter to conduct an offshore operations flight over Canadian waters that have a temperature of less than 10°C unless the EUBA that is provided for a person under subsection (1)

    • (a) is in a pocket or pouch that is part of the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system;

    • (b) is in a pouch that is worn with the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system; or

    • (c) is attached to the person’s helicopter passenger transportation suit system or helicopter crew member transportation suit system.

  • SOR/2015-84, s. 4

[602.67 to 602.69 reserved]

Division III — Flight Preparation, Flight Plans and Flight Itineraries

Interpretation

 In this Division,

overdue

overdue, in respect of an aircraft, means an aircraft for which an arrival report has not been filed

  • (a) where a flight plan has been filed in respect of the aircraft,

    • (i) if a search and rescue notification time is specified in the flight plan, immediately after the last reported such time, or

    • (ii) in all other cases, within one hour after the last reported estimated time of arrival, or

  • (b) where a flight itinerary has been filed in respect of the aircraft,

    • (i) if a search and rescue notification time is specified in the flight itinerary, immediately after the last reported such time, or

    • (ii) in all other cases, within 24 hours after the last reported estimated time of arrival; (en retard)

responsible person

responsible person means an individual who has agreed with the person who has filed a flight itinerary to ensure that the following are notified in the manner prescribed in this Division, if the aircraft is overdue, namely,

  • (a) an air traffic control unit, a flight service station or a community aerodrome radio station, or

  • (b) a Rescue Co-ordination Centre. (personne de confiance)

Pre-flight Information

 The pilot-in-command of an aircraft shall, before commencing a flight, be familiar with the available information that is appropriate to the intended flight.

Weather Information

 The pilot-in-command of an aircraft shall, before commencing a flight, be familiar with the available weather information that is appropriate to the intended flight.

Requirement to File a Flight Plan or a Flight Itinerary
  •  (1) Subject to subsection (3), no pilot-in-command shall operate an aircraft in IFR flight unless an IFR flight plan has been filed.

  • (2) No pilot-in-command shall operate an aircraft in VFR flight unless a VFR flight plan or a VFR flight itinerary has been filed, except where the flight is conducted within 25 nautical miles of the departure aerodrome.

  • (3) A pilot-in-command may file an IFR flight itinerary instead of an IFR flight plan where

    • (a) the flight is conducted in part or in whole outside controlled airspace; or

    • (b) facilities are inadequate to permit the communication of flight plan information to an air traffic control unit, a flight service station or a community aerodrome radio station.

  • (4) Despite anything in this Division, no pilot-in-command shall, unless a flight plan has been filed, operate an aircraft between Canada and a foreign state.

Contents of a Flight Plan or a Flight Itinerary

 A flight plan or flight itinerary shall contain such information as is specified by the Minister in the Canada Flight Supplement.

Filing of a Flight Plan or a Flight Itinerary
  •  (1) A flight plan shall be filed with an air traffic control unit, a flight service station or a community aerodrome radio station.

  • (2) A flight itinerary shall be filed with a responsible person, an air traffic control unit, a flight service station or a community aerodrome radio station.

  • (3) A flight plan or flight itinerary shall be filed by

    • (a) sending, delivering or otherwise communicating the flight plan or flight itinerary or the information contained therein; and

    • (b) receiving acknowledgement that the flight plan or flight itinerary or the information contained therein has been received.

Changes in the Flight Plan
  •  (1) The pilot-in-command of an aircraft for which an IFR flight plan or an IFR flight itinerary has been filed shall follow the procedure set out in subsection (2) where the pilot-in-command intends to make any change in the plan or itinerary in respect of

    • (a) the cruising altitude or cruising flight level;

    • (b) the route of flight;

    • (c) the destination aerodrome;

    • (d) in the case of a flight plan, the true airspeed at the cruising altitude or cruising flight level, where the change intended is five per cent or more of the true airspeed specified in the IFR flight plan; or

    • (e) the Mach number, where the change intended is .01 or more of the Mach number that has been included in the air traffic control clearance.

  • (2) A pilot-in-command of an aircraft who intends to make any of the changes in the IFR flight plan or the IFR flight itinerary that are referred to in subsection (1) shall

    • (a) notify as soon as practicable an air traffic control unit or the responsible person, as the case may be, of the intended change; and

    • (b) where the flight is being conducted in controlled airspace, receive an air traffic control clearance before making the intended change.

  • (3) The pilot-in-command of an aircraft for which a VFR flight plan or a VFR flight itinerary has been filed shall follow the procedure set out in subsection (4) where the pilot-in-command intends to make a change in the plan or itinerary in respect of

    • (a) the route of flight;

    • (b) the duration of the flight; or

    • (c) the destination aerodrome.

  • (4) A pilot-in-command of an aircraft who intends to make any of the changes in the VFR flight plan or the VFR flight itinerary that are referred to in subsection (3) shall notify as soon as practicable an air traffic control unit, a flight service station, a community aerodrome radio station or the responsible person, of the intended change.

Requirement to File an Arrival Report
  •  (1) Subject to subsections (3) and (4), a pilot-in-command of an aircraft who terminates a flight in respect of which a flight plan has been filed under subsection 602.75(1) shall ensure that an arrival report is filed with an air traffic control unit, a flight service station or a community aerodrome radio station as soon as practicable after landing but not later than

    • (a) the search and rescue action initiation time specified in the flight plan; or

    • (b) where no search and rescue action initiation time is specified in the flight plan, one hour after the last reported estimated time of arrival.

  • (2) Subject to subsection (4), a pilot-in-command of an aircraft who terminates a flight in respect of which a flight itinerary has been filed under subsection 602.75(2) shall ensure that an arrival report is filed with an air traffic control unit, a flight service station, a community aerodrome radio station or, if the flight itinerary was filed with a responsible person, the responsible person, as soon as practicable after landing but not later than

    • (a) the search and rescue action initiation time specified in the flight itinerary; or

    • (b) where no search and rescue action initiation time is specified in the flight itinerary, 24 hours after the last reported estimated time of arrival.

  • (3) A pilot-in-command who terminates an IFR flight at an aerodrome where there is an operating air traffic control unit or flight service station is not required to file an arrival report unless requested to do so by the appropriate air traffic control unit.

  • (4) A pilot-in-command of an aircraft who conducts a flight in respect of which a flight plan or flight itinerary has been filed with an air traffic control unit, flight service station or community aerodrome radio station may file an arrival report by closing the flight plan or flight itinerary with an air traffic control unit, flight service station or community aerodrome radio station prior to landing.

  • SOR/2006-77, s. 10
Contents of an Arrival Report

 An arrival report shall contain such information as is specified by the Minister in the Canada Flight Supplement.

Overdue Aircraft Report

 Any person who assumes responsibilities with respect to an aircraft and who has reason to believe that the aircraft is overdue, or any other person who has been directed by that person to do so, shall immediately, by the quickest means available,

  • (a) notify an air traffic control unit, a flight service station, a community aerodrome radio station or a Rescue Co-ordination Centre; and

  • (b) provide, to the best of the person’s knowledge, all of the available information concerning the overdue aircraft that may be requested by the air traffic control unit, the flight service station, the community aerodrome radio station or the Rescue Co-ordination Centre.

[602.80 to 602.85 reserved]

Division IV — Pre-Flight and Fuel Requirements

Carry-on Baggage, Equipment and Cargo
  •  (1) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board, unless the carry-on baggage, equipment and cargo are

    • (a) stowed in a bin, compartment, rack or other location that is certified in accordance with the aircraft type certificate in respect of the stowage of carry-on baggage, equipment or cargo; or

    • (b) restrained so as to prevent them from shifting during movement of the aircraft on the surface and during take-off, landing and in-flight turbulence.

  • (2) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board unless

    • (a) the safety equipment, the normal and emergency exits that are accessible to passengers and the aisles between the flight deck and a passenger compartment are not wholly or partially blocked by carry-on baggage, equipment or cargo;

    • (b) all of the equipment and cargo that are stowed in a passenger compartment are packaged or covered to avoid possible injury to persons on board;

    • (c) where the aircraft is type-certificated to carry 10 or more passengers and passengers are carried on board,

      • (i) no passenger’s view of any “seat belt” sign, “no smoking” sign or exit sign is obscured by carry-on baggage, equipment or cargo except if an auxiliary sign is visible to the passenger or another means of notification of the passenger is available,

      • (ii) all of the passenger service carts and trolleys are securely restrained during movement of the aircraft on the surface, take-off and landing, and during in-flight turbulence where the pilot-in-command or in-charge flight attendant has directed that the cabin be secured pursuant to subsection 605.25(3) or (4), and

      • (iii) all of the video monitors that are suspended from the ceiling of the aircraft and extend into an aisle are stowed and securely restrained during take-off and landing; and

    • (d) all of the cargo that is stowed in a compartment to which crew members have access is stowed in such a manner as to allow a crew member to effectively reach all parts of the compartment with a hand-held fire extinguisher.

  • SOR/2002-353, s. 1(F)
Crew Member Instructions

 The pilot-in-command of an aircraft shall ensure that each crew member, before acting as a crew member on board the aircraft, has been instructed with respect to

  • (a) the duties that the crew member is to perform; and

  • (b) the location and use of all of the normal and emergency exits and of all of the emergency equipment that is carried on board the aircraft.

Fuel Requirements
  •  (1) This section does not apply in respect of any glider, balloon or ultra-light aeroplane.

  • (2) No pilot-in-command of an aircraft shall commence a flight or, during flight, change the destination aerodrome set out in the flight plan or flight itinerary, unless the aircraft carries sufficient fuel to ensure compliance with subsections (3) to (5).

  • (3) An aircraft operated in VFR flight shall carry an amount of fuel that is sufficient to allow the aircraft

    • (a) in the case of an aircraft other than a helicopter,

      • (i) when operated during the day, to fly to the destination aerodrome and then to fly for a period of 30 minutes at normal cruising speed, or

      • (ii) when operated at night, to fly to the destination aerodrome and then to fly for a period of 45 minutes at normal cruising speed; or

    • (b) in the case of a helicopter, to fly to the destination aerodrome and then to fly for a period of 20 minutes at normal cruising speed.

  • (4) An aircraft operated in IFR flight shall carry an amount of fuel that is sufficient to allow the aircraft

    • (a) in the case of a propeller-driven aeroplane,

      • (i) where an alternate aerodrome is specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome, to fly to and land at the alternate aerodrome and then to fly for a period of 45 minutes, or

      • (ii) where an alternate aerodrome is not specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome and then to fly for a period of 45 minutes; or

    • (b) in the case of a turbo-jet-powered aeroplane or a helicopter,

      • (i) where an alternate aerodrome is specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome, to fly to and land at the alternate aerodrome and then to fly for a period of 30 minutes, or

      • (ii) where an alternate aerodrome is not specified in the flight plan or flight itinerary, to fly to and execute an approach and a missed approach at the destination aerodrome and then to fly for a period of 30 minutes.

  • (5) Every aircraft shall carry an amount of fuel that is sufficient to provide for

    • (a) taxiing and foreseeable delays prior to take-off;

    • (b) meteorological conditions;

    • (c) foreseeable air traffic routings and traffic delays;

    • (d) landing at a suitable aerodrome in the event of loss of cabin pressurization or, in the case of a multi-engined aircraft, failure of any engine, at the most critical point during the flight; and

    • (e) any other foreseeable conditions that could delay the landing of the aircraft.

 
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