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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2024-02-20 and last amended on 2023-06-21. Previous Versions

Part VII — Commercial Air Services (continued)

Subpart 3 — Air Taxi Operations (continued)

Division III — Flight Operations (continued)

Operation of Aircraft in Icing Conditions

 When icing conditions are reported to exist or are forecast to be encountered along the route of flight, no person shall authorize a flight or its continuation or conduct a take-off or continue a flight in an aircraft, even if the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with paragraph 605.30(a), if, in the opinion of the pilot-in-command, the safety of the flight might be adversely affected.

  • SOR/2009-152, s. 10

[703.43 to 703.51 reserved]

Division IV — Aircraft Performance Operating Limitations

[703.52 to 703.63 reserved]

Division V — Aircraft Equipment Requirements

Night and IMC Flight
[
  • SOR/2009-152, s. 11
]
  •  (1) No person shall operate a multi-engined aircraft with passengers on board in IMC unless the aircraft is equipped with

    • (a) a power failure warning device or vacuum indicator to show the power available for gyroscopic instruments from each power source;

    • (b) an alternate source of static pressure for the altimeter and the airspeed and vertical speed indicators;

    • (c) two generators, each of which is driven by a separate engine or by a rotor drive train; and

    • (d) two independent sources of energy, at least one of which is an engine-driven pump or generator, and each of which is able to drive all gyroscopic instruments and is installed so that the failure of one instrument or one source of energy will affect neither the energy supply to the remaining instruments nor the other source of energy.

  • (2) No person shall operate an aircraft at night unless the aircraft is equipped with

    • (a) at least one landing light; and

    • (b) if the aircraft is operated in icing conditions, a means of illumination or other means to detect the formation of ice.

  • SOR/2009-152, s. 12
Airborne Thunderstorm Detection and Weather Radar Equipment

 No person shall operate an aircraft with passengers on board in IMC when current weather reports or forecasts indicate that thunderstorms may reasonably be expected along the route to be flown, unless the aircraft is equipped with thunderstorm detection equipment or weather radar equipment.

Additional Equipment for Single-pilot Operations

 No person shall operate an aircraft on a single-pilot operation in IMC unless the aircraft is equipped with

  • (a) an auto-pilot that is capable of operating the aircraft controls to maintain flight and manoeuvre the aircraft about the lateral and longitudinal axes;

  • (b) a headset with a boom microphone or equivalent and a transmit button on the control column; and

  • (c) a chart holder that is placed in an easily readable position and a means of illumination for the chart holder.

Protective Breathing Equipment
  •  (1) No air operator shall operate a pressurized aircraft unless protective breathing equipment with a 15-minute supply of breathing gas at a pressure-altitude of 8,000 feet is readily available at each flight crew member position.

  • (2) The protective breathing equipment referred to in subsection (1) may be used to meet the crew member oxygen requirements specified in section 605.31.

First Aid Oxygen

 No air operator shall operate an aircraft with passengers on board above FL 250 unless the aircraft is equipped with oxygen dispensing units and an undiluted supply of first aid oxygen sufficient to provide at least one passenger with oxygen for at least one hour or the entire duration of the flight at a cabin pressure-altitude above 8,000 feet, after an emergency descent following cabin depressurization, whichever period is longer.

Shoulder Harnesses

 No person shall operate an aircraft unless the pilot seat and any seat beside the pilot seat are equipped with a safety belt that includes a shoulder harness.

ACAS
  •  (1) Subject to subsection (3), no air operator shall operate an aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds) in RVSM airspace unless the aeroplane is equipped with an operative ACAS that

    • (a) meets the requirements of CAN-TSO-C119b or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides; and

    • (b) is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it.

  • (2) Subject to subsection (3), no air operator shall operate an aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds) in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that

    • (a) meets the requirements of CAN-TSO-C118 or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides; or

    • (b) meets the requirements of CAN-TSO-C119a or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides and is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it.

  • (3) The air operator may operate the aeroplane without its being equipped with an operative ACAS if

    • (a) where a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the date of failure of the ACAS; or

    • (b) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the ACAS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.

  • (4) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day.

  • SOR/2007-133, s. 7
  • SOR/2009-280, ss. 37, 39 to 42
TAWS
  •  (1) Subject to subsection (2), no air operator shall operate an aeroplane that has a seating configuration, excluding pilot seats, of six or more, unless the aeroplane is equipped with an operative TAWS that

    • (a) meets the requirements for Class A or Class B equipment set out in CAN-TSO-C151a or a more recent version of it;

    • (b) meets the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and

    • (c) has a terrain and airport database compatible with the area of operation.

  • (2) The air operator may operate the aeroplane without its being equipped with an operative TAWS if

    • (a) the aeroplane is operated in day VFR only;

    • (b) in the event that a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the day on which the failure of the TAWS occurs; or

    • (c) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.

  • (3) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day.

[703.72 to 703.81 reserved]

Division VI — Emergency Equipment

Inspection Requirements

 No air operator shall operate an aircraft unless the emergency equipment carried on board under Division II of Subpart 2 of Part VI and this Division is inspected at the intervals recommended by the equipment manufacturer.

Flotation Devices
  •  (1) Subject to subsection (4), the air operator of a seaplane shall have, in its company operations manual, procedures to ensure that each crew member and passenger wears an inflatable life preserver, an inflatable individual flotation device or an inflatable personal flotation device when the seaplane is operated on or above water.

  • (2) Subject to subsection (4), the pilot-in-command of a seaplane shall give an instruction to each crew member and passenger to wear an inflatable life preserver, an inflatable individual flotation device or an inflatable personal flotation device when the seaplane is operated on or above water.

  • (3) For the purposes of this section, a person is wearing an inflatable life preserver, an inflatable individual flotation device or an inflatable personal flotation device if it

    • (a) is in a pouch that is attached to the person’s waist;

    • (b) has been placed over the person’s head and is secured at his or her waist; or

    • (c) is attached to the person in accordance with the manufacturer’s instructions.

  • (4) This section does not apply in respect of a person who is carried on a stretcher or in an incubator or other similar device.

[703.84 and 703.85 reserved]

First Aid Kits

 No person shall conduct a take-off in an aircraft operated by an air operator unless the first aid kit carried on board in accordance with paragraph 602.60(1)(h) contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations.

Survival Equipment
  •  (1) No air operator shall operate an aircraft, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1).

  • (2) No air operator shall operate an aircraft on board of which life rafts are required to be carried in accordance with section 602.63 unless the survival kit referred to in paragraph 602.63(6)(c) contains

    • (a) a life raft repair kit;

    • (b) a bailing bucket and a sponge;

    • (c) a whistle;

    • (d) a waterproof flashlight;

    • (e) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person;

    • (f) a waterproof survival manual that contains information about how to use the survival equipment;

    • (g) a first aid kit that contains antiseptic swabs, burn dressing compresses, bandages and motion sickness pills; and

    • (h) a pyrotechnic signalling device, or an aviation visual distress signal that has a marking applied by the manufacturer indicating that the signal meets the requirements of CAN-TSO-C168, a signalling mirror and a dye marker for visually signalling distress.

  • (3) Despite subsection (2), if there is insufficient space in the attached survival kit, a supplemental survival kit shall be stowed adjacent to each required life raft and contain

    • (a) a supply of potable water — based on 500 mL per person and calculated using the rated capacity of the life raft — or a means of desalting or distilling salt water that can provide 500 mL of potable water per person; and

    • (b) motion sickness pills.

Division VII — Personnel Requirements

Minimum Crew

 No air operator shall operate an aircraft with passengers on board in IFR flight with fewer than two pilots unless the air operator

  • (a) is authorized to do so in its air operator certificate; and

  • (b) complies with the Commercial Air Service Standards.

Designation of Pilot-in-command and Second-in-command
  •  (1) An air operator shall designate for each flight a pilot-in-command and, where the crew includes two pilots, a pilot-in-command and a second-in-command.

  • (2) An air operator shall record on the operational flight plan the name of the pilot-in-command and, if applicable, the second-in-command who were designated under subsection (1) and shall retain the plan for at least 180 days after the day on which the flight is completed.

Flight Crew Member Qualifications
  •  (1) Subject to subsections (6) and (7), no air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person

    • (a) holds the licence and ratings required by Part IV;

    • (b) within the previous 90 days, has completed at least three take-offs and three landings

      • (i) where a type rating for that aircraft is required, in an aircraft of that type, or in a flight simulator representing that type of aircraft that has been approved by the Minister under Subpart 6 of Part VI for take-off and landing qualifications, or

      • (ii) where a type rating for that aircraft is not required, in an aircraft of that category and class, or in a flight simulator representing that category and class of aircraft that has been approved by the Minister under Subpart 6 of Part VI for take-off and landing qualifications;

    • (c) has successfully completed a pilot proficiency check or competency check for that type of aircraft, the validity period of which has not expired, in accordance with the Commercial Air Service Standards as follows:

      • (i) in the case of the pilot-in-command of a multi-engined aircraft or of a single-engined aeroplane that is operated in accordance with subsection 703.22(2), a pilot proficiency check for that type of aircraft,

      • (ii) in the case of the pilot-in-command of a single-engined helicopter, a pilot proficiency check on one of the types of single-engined helicopters operated by the air operator,

      • (iii) in the case of the second-in-command of a multi-engined aircraft, a pilot proficiency check or a competency check for that type of aircraft, and

      • (iv) in the case of the pilot-in-command of a single-engined aeroplane that is not operated in accordance with subsection 703.22(2), a competency check for that type of aircraft; and

    • (d) has fulfilled the requirements of the air operator’s ground and flight training program.

  • (2) An air operator may group similar aeroplanes as a single type for purposes of the pilot proficiency check referred to in paragraph (1)(c) if the air operator

    • (a) is authorized to do so in its air operator certificate; and

    • (b) complies with the Commercial Air Service Standards.

  • (3) No person shall act as the pilot-in-command of an aircraft with a person other than a flight crew member on board in night VFR flight unless the person acting as the pilot-in-command holds an instrument rating for that class of aircraft.

  • (4) No air operator shall permit a person to act and no person shall act as the pilot-in-command of an aircraft with passengers on board unless the person has acquired, prior to designation as pilot-in-command, the following flight time on that type and basic model of aircraft and in the pilot-in-command position:

    • (a) in the case of a single-engined aeroplane or a helicopter, five hours; or

    • (b) in the case of a multi-engined aeroplane, 15 hours.

  • (5) The flight time required by subsection (4) may be reduced by one hour for each take-off and landing completed, up to a maximum of 50 per cent.

  • (6) An air operator may permit a person to act and a person may act as a flight crew member in an aircraft if the person does not meet the requirements set out in paragraphs (1)(b) to (d) if the air operator

    • (a) is authorized to do so in its air operator certificate; and

    • (b) complies with the Commercial Air Service Standards.

  • (7) Subparagraph (1)(c)(iv) does not apply in the case of a chief pilot who acts as pilot-in-command of a single-engined aeroplane that is not operated in accordance with subsection 703.22(2).

  • SOR/99-158, s. 8
  • SOR/2000-45, s. 1
 

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