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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2023-01-25 and last amended on 2022-12-21. Previous Versions

Part VI — General Operating and Flight Rules (continued)

Subpart 4 — Private Operators (continued)

Division VII — Emergency Equipment (continued)

Protective Breathing Equipment
  •  (1) No person shall conduct a take-off in a pressurized aircraft operated by a private operator that has flight attendants on board unless one unit of protective breathing equipment with a 15-minute portable supply of breathing gas at a pressure-altitude of 8,000 feet is available

    • (a) at the entry into each Class A, B, E and F cargo compartment accessible to crew members during flight;

    • (b) at the site of each hand-held fire extinguisher that is located in an isolated galley;

    • (c) on the flight deck; and

    • (d) at the site of each hand-held fire extinguisher that is required under section 604.119.

  • (2) If the breathing gas in the protective breathing equipment referred to in subsection (1) is oxygen, each unit of that equipment reduces by 15 minutes the crew member oxygen requirements specified in subsection 605.31(2).

  • SOR/2014-131, s. 18
Hand-held Fire Extinguishers

 No person shall conduct a take-off in an aircraft operated by a private operator unless

  • (a) hand-held fire extinguishers are available as follows:

    • (i) extinguishers are distributed, in every passenger compartment configured as follows, in the numbers indicated:

      • (A) in a passenger compartment configured for fewer than 20 passenger seats, one extinguisher,

      • (B) in a passenger compartment configured for 20 to 60 passenger seats, two extinguishers,

      • (C) in a passenger compartment configured for 61 to 200 passenger seats, three extinguishers, and

      • (D) in a passenger compartment configured for 201 or more passenger seats, one additional extinguisher for each additional unit of 100 passenger seats,

    • (ii) one extinguisher is located at the entrance to each Class E cargo compartment that is accessible to crew members during flight, and

    • (iii) one extinguisher is located in each isolated galley; and

  • (b) if a hand-held fire extinguisher is stowed in a bin or compartment, the bin or compartment is clearly marked as containing a fire extinguisher.

  • SOR/2014-131, s. 18

[604.120 to 604.125 reserved]

Division VIII — Maintenance

Maintenance Manager

 The maintenance manager is responsible and accountable for the maintenance control system.

  • SOR/2014-131, s. 18
Maintenance Control System

 A private operator shall have, in respect of its aircraft, a maintenance control system that includes

  • (a) in the case of a private operator who provides the parts and materials that will be used in the performance of maintenance or elementary work, procedures to ensure that only parts and materials that meet the requirements of Subpart 71 of Part V are used, including

    • (i) the details of part pooling arrangements, if any, that have been entered into by the private operator, and

    • (ii) procedures used for the inspection and storage of incoming parts and materials;

  • (b) if the private operator authorizes, for the performance of elementary work, the use of methods, techniques, practices, parts, materials, tools, equipment or test apparatuses referred to in paragraph 571.02(1)(b) or (c), the source of those methods, techniques, practices, parts, materials, tools, equipment or test apparatuses and a general description of the elementary work;

  • (c) procedures to ensure that the persons who perform maintenance, elementary work or servicing are authorized to do so under section 604.128;

  • (d) procedures to ensure that an aircraft is not returned to service unless it is

    • (i) airworthy, and

    • (ii) equipped, configured and maintained for its intended use;

  • (e) a description of the defect reporting and control procedures required by section 604.129;

  • (f) the aircraft service information review procedures required by section 604.131;

  • (g) procedures to ensure that the records referred to in section 604.132 are established and retained in accordance with that section;

  • (h) procedures to ensure that the tasks required by a maintenance schedule or by an airworthiness directive are completed in accordance with Subpart 5 of Part VI;

  • (i) procedures to ensure that the particulars relating to aircraft empty weight and empty centre of gravity are entered in accordance with the requirements of Item 2 of Schedule I to Subpart 5 of Part VI;

  • (j) a general description of the maintenance schedule required under paragraph 605.86(1)(a) and, in the case of a turbine-powered pressurized aeroplane or a large aeroplane, the approval number of the maintenance schedule approved under subsection 605.86(2); and

  • (k) details of the methods used to record the maintenance, elementary work or servicing performed and to ensure that any defects are recorded in the technical records that are required to be kept under subsection 605.92(1).

Maintenance, Elementary Work and Servicing
  •  (1) No private operator shall authorize a person to perform maintenance or elementary work on any of its aircraft unless

    • (a) the person

      • (i) has received the training referred to in subsection 604.182(1), and

      • (ii) in the case of elementary work, has performed that work at least once under the supervision of the holder of an aircraft maintenance engineer (AME) licence or the holder of an approved training organization certificate; or

    • (b) the person is authorized to do so under a written agreement that

      • (i) describes the maintenance or elementary work to be performed, including the specific tasks and activities and the conditions under which they are to be performed, and

      • (ii) provides that the private operator is responsible for ensuring that the maintenance or elementary work is performed.

  • (2) If a member of the private operator’s personnel performs servicing on any of the private operator’s aircraft, the private operator shall ensure that the member meets the training requirements set out in subsection 604.182(2).

  • (3) A private operator shall retain a copy of the written agreement referred to in paragraph (1)(b) for two years after the day on which the agreement comes into force.

  • SOR/2014-131, s. 18
Defect Reporting and Control Procedures

 A private operator shall have procedures to ensure that

  • (a) aircraft defects are recorded in accordance with subsection 605.94(1);

  • (b) aircraft defects are rectified in accordance with the requirements of Subpart 5 of Part VI;

  • (c) an aircraft defect that occurs three times within 15 flights is identified and is reported as a recurring defect to the flight crew and maintenance personnel in order to avoid the repetition of unsuccessful attempts at rectification; and

  • (d) an aircraft defect, the rectification of which has been deferred, is scheduled for rectification.

  • SOR/2014-131, s. 18
Service Difficulty Reporting

 A private operator shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any service difficulty related to the aircraft that it operates under this Subpart.

  • SOR/2014-131, s. 18
Aircraft Service Information Review

 A private operator shall have procedures to ensure that

  • (a) it is aware of the aircraft service information that the holder of a design approval document produces in respect of the aeronautical products used by the private operator;

  • (b) the aircraft service information is assessed, and the results of the assessment are signed and dated by the maintenance manager and retained for six years; and

  • (c) the maintenance schedule or any other procedure is, if necessary, amended in response to the assessment.

  • SOR/2014-131, s. 18
Personnel Records
  •  (1) A private operator shall have for its personnel a record that includes the following information:

    • (a) the name of any person authorized under section 571.11 to sign a maintenance release under section 571.10; and

    • (b) the name of any person who has performed elementary work in accordance with subparagraph 604.128(1)(a)(ii).

  • (2) The private operator shall retain the record for two years after the day on which it was last updated.

  • SOR/2014-131, s. 18

[604.133 to 604.138 reserved]

Division IX — Personnel Requirements

Validity Periods
  •  (1) Subject to subsections (2) and (3), for the purposes of this Division and Division IV, the validity period of any training, any competency check or any pilot proficiency check expires on

    • (a) in the case of training in the performance of the emergency procedures referred to in subsection 604.169(2) and in subparagraphs 604.179(z)(viii) and (ix), and the high altitude indoctrination training referred to in section 604.176, the first day of the thirty-seventh month after the month in which the training was completed;

    • (b) in the case of all other training, the first day of the thirteenth month after the month in which the training was completed; and

    • (c) in the case of a competency check or pilot proficiency check, the first day of the twenty-fifth month after the month in which the competency check or pilot proficiency check was successfully completed.

  • (2) If any training, competency check or pilot proficiency check is renewed within the last 90 days of its validity period, its validity period is extended by

    • (a) 36 months, in the case of training in the performance of the emergency procedures referred to in subsection 604.169(2) and in subparagraphs 604.179(z)(viii) and (ix), and the high altitude indoctrination training referred to in section 604.176;

    • (b) 12 months, in the case of all other training; and

    • (c) 24 months, in the case of a competency check or pilot proficiency check.

  • (3) The Minister shall extend the validity period of any training, competency check or pilot proficiency check for a period of not more than 60 days beginning on the day after the day on which the validity period expires, if

    • (a) the application for extension is made during the validity period; and

    • (b) the applicant demonstrates that there has been no reasonable opportunity to renew the training, competency check or pilot proficiency check within the 90 days before the day on which the training, competency check or pilot proficiency check would otherwise expire.

  • SOR/2014-131, s. 18
Equivalencies
  •  (1) A person who will act as a crew member for a private operator, and who has received crew member training under the ground and flight training program of an air operator or under the training program of another private operator, may use that training to meet an equivalent training requirement set out in this Subpart if

    • (a) the training received by the person is in respect of the aircraft type that the person will operate and the private operator’s area of operation;

    • (b) the validity period, if any, of that training has not expired; and

    • (c) the private operator provides the person with training in

      • (i) the processes, practices and procedures set out in the private operator’s operations manual, and

      • (ii) the private operator’s emergency procedures for the aircraft in respect of which the person will be assigned duties.

  • (2) A person who will act as a flight crew member for a private operator, and who has successfully completed a pilot proficiency check with an air operator or a competency check with another private operator, meets the requirements of paragraph 604.143(1)(e) if

    • (a) the pilot proficiency check or competency check was conducted using an aircraft of the same type that the person will operate;

    • (b) the validity period of the pilot proficiency check or competency check has not expired; and

    • (c) the private operator provides the person with training in respect of

      • (i) the processes, practices and procedures set out in the private operator’s operations manual,

      • (ii) any differences between the equipment that is installed on the aircraft operated by the private operator and the equipment that is installed on the aircraft operated by the air operator or the other private operator, and

      • (iii) any differences between the private operator’s operational procedures and those of the air operator or the other private operator.

  • SOR/2014-131, s. 18
Operations Manager Qualifications and Responsibilities
  •  (1) No private operator shall permit a person to act — and no person shall act — as the operations manager unless

    • (a) the person

      • (i) holds, or has held, the licence and ratings required by Part IV to act as a pilot-in-command on an aircraft operated by the private operator, or

      • (ii) has acquired at least three years of supervisory experience with a private operator or air operator whose operations and activities are of a size, nature and complexity that correspond to the size, nature and complexity of the operations and activities of the private operator; and

    • (b) the person has demonstrated to the private operator knowledge of

      • (i) the content of the private operator’s operations manual, and

      • (ii) the provisions of this Subpart and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect the person’s responsibilities.

  • (2) The operations manager is responsible for the operational control of the private operator’s operations and shall

    • (a) coordinate the activities that affect operational control, including activities relating to

      • (i) maintenance,

      • (ii) crew members’ schedules,

      • (iii) load control, and

      • (iv) aircraft operation schedules;

    • (b) implement the private operator’s policies and procedures to ensure that the private operator’s operations meet the requirements of this Subpart;

    • (c) if the operations manager receives aeronautical information that indicates a risk to the safety of a flight, ensure that corrective actions are taken to manage or mitigate the risk;

    • (d) ensure the dissemination of aircraft safety information to the private operator’s personnel; and

    • (e) implement the emergency response procedures referred to in paragraph 604.203(1)(e).

Chief Pilot Qualifications, Training and Responsibilities
  •  (1) No private operator shall permit a person to act — and no person shall act — as a chief pilot unless

    • (a) the person meets the requirements of paragraphs 604.143(1)(a), (b), (d) and (e) for acting as pilot-in-command on an aircraft operated by the private operator; and

    • (b) the person has demonstrated to the private operator knowledge of

      • (i) the content of the private operator’s operations manual, and

      • (ii) the provisions of this Subpart and of any other applicable laws, regulations or standards that ensure the safety of the private operator’s operations or affect the person’s responsibilities.

  • (2) The chief pilot is responsible for the flight crew members involved in the private operator’s operations and shall

    • (a) develop standard operating procedures in respect of aircraft operated by the private operator;

    • (b) verify whether the aerodromes and routes for aircraft used by the private operator are suitable for aircraft operated by the private operator;

    • (c) ensure that the operational requirements of the aerodromes and routes used by the private operator are met; and

    • (d) process any flight crew member reports and take any necessary follow-up action.

  • SOR/2014-131, s. 18
 
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