Canadian Aviation Regulations (SOR/96-433)

Subpart 6 — Miscellaneous

Munitions of War

606.01 No person shall carry weapons, ammunition or other equipment designed for use in war on board an aircraft unless the aircraft is a Canadian aircraft or the Minister has authorized the carriage of such equipment.

Liability Insurance

• 606.02 (1) This section applies to every owner of an aircraft, other than a remotely piloted aircraft, that is registered in Canada or registered under the laws of a foreign state and operated in Canada, if the owner is not required to subscribe to liability insurance in respect of the aircraft under section 7 of the Air Transportation Regulations.

• (2) Subject to subsection (3), none of the following aircraft owners shall operate an aircraft unless, in respect of every incident related to the operation of the aircraft, the owner has subscribed for liability insurance covering risks of injury to or death of passengers in an amount that is not less than the amount determined by multiplying $300,000 by the number of passengers on board the aircraft:

  • (a) an air operator;

  • (b) the holder of a flight training unit operator certificate; or

  • (c) the operator of a balloon in which fare-paying passengers are carried on board pursuant to Subpart 3.

• (3) The insurance coverage referred to in subsection (2) need not extend to any passenger who

  • (a) is an employee of an owner referred to in paragraph (2)(a), (b) or (c), if workers’ compensation legislation governing a claim for damages against the owner by the employee is applicable; or

  • (b) is carried on board the aircraft for the purpose of conducting a parachute descent, where the air operator has posted a readily visible notice to inform passengers, before embarking, that there is no insurance coverage for parachutists.

• (4) No aircraft owner not referred to in paragraph (2)(a), (b) or (c) shall operate an aircraft of more than 2 268 kg (5,000 pounds) maximum permissible take-off weight unless the owner has, in respect of the aircraft, subscribed for liability insurance covering risks of injury to or death of passengers, other than passengers carried on board that aircraft for the purpose of conducting a parachute descent, in an amount not less than the amount determined by multiplying $300,000 by the number of passengers on board the aircraft.

• (5) No aircraft owner referred to in paragraph (2)(a), (b) or (c) shall operate an aircraft unless, in respect of every incident related to the operation of the aircraft, the owner has subscribed for liability insurance covering risks of public liability in an amount that is not less than

  • (a) $1,000,000, where the maximum permissible take-off weight of the aircraft is not greater than 3 402 kg (7,500 pounds);

  • (b) $2,000,000, where the maximum permissible take-off weight of the aircraft is greater than 3 402 kg (7,500 pounds) but not greater than 8 165 kg (18,000 pounds); and

  • (c) where the maximum permissible take-off weight of the aircraft is greater than 8 165 kg (18,000 pounds), $2,000,000 plus an amount determined by multiplying $150 by the number of pounds by which the maximum permissible take-off weight of the aircraft exceeds 8 165 kg (18,000 pounds).

• (6) No aircraft owner referred to in paragraph (2)(a), (b) or (c) shall, in order to comply with subsections (2), (4) and (5), subscribe for any liability insurance that contains an exclusion or waiver provision that reduces the insurance coverage for any incident below the applicable minimum determined pursuant to those subsections, unless that provision

  • (a) is a standard exclusion clause adopted by the international aviation insurance industry that applies in respect of

    • (i) war, hijacking and other perils,

    • (ii) noise, pollution and other perils, or

    • (iii) radioactive contamination;

  • (b) is in respect of a chemical drift;

  • (c) includes a statement that the insurance does not apply in respect of liability assumed by the owner under any contract or agreement unless the liability would have attached to the owner even in the absence of such a contract or agreement; or

  • (d) includes a statement that the policy is void if the owner has concealed or misrepresented any material fact or circumstance concerning the insurance or the subject thereof or if there is any fraud, attempted fraud or false statement by the owner touching any matter relating to the insurance or the subject thereof, either before or after an incident.

• (7) An aircraft owner referred to in paragraph (2)(a), (b) or (c) may comply with subsections (2), (4) and (5) by subscribing for comprehensive single limit liability insurance that consists of a single policy or a combination of primary and supplementary policies.

• (8) No aircraft owner not referred to in paragraph (2)(a), (b) or (c) shall operate an aircraft unless, in respect of every incident related to the operation of the aircraft, the owner has subscribed for liability insurance covering risks of public liability in an amount that is not less than

  • (a) $100,000, where the maximum permissible take-off weight of the aircraft is 1 043 kg (2,300 pounds) or less;

  • (b) $500,000, where the maximum permissible take-off weight of the aircraft is greater than 1 043 kg (2,300 pounds) but not greater than 2 268 kg (5,000 pounds);

  • (c) $1,000,000, where the maximum permissible take-off weight of the aircraft is greater than 2 268 kg (5,000 pounds) but not greater than 5 670 kg (12,500 pounds);

  • (d) $2,000,000, where the maximum permissible take-off weight of the aircraft is greater than 5 670 kg (12,500 pounds) but not greater than 34 020 kg (75,000 pounds); and

  • (e) $3,000,000, where the maximum permissible take-off weight of the aircraft is greater than 34 020 kg (75,000 pounds).

• (9) Subject to subsection (10), no owner or operator of an aircraft shall operate the aircraft unless there is carried on board the aircraft proof that liability insurance is subscribed for in accordance with this section.

• (10) A balloon may be operated without the proof of insurance referred to in subsection (9) being carried on board if that proof is immediately available to the pilot-in-command

  • (a) prior to commencing a flight; and

  • (b) on completion of a flight.

Synthetic Flight Training Equipment

• 606.03 (1) Except in the case of a remotely piloted aircraft system, no person shall use synthetic flight training equipment to provide training or to conduct a skills assessment required under Part IV, this Part or Part VII, unless there is in force in respect of that equipment a flight simulator certificate or flight training device certificate issued under subsection (2) or an equivalent approval or certificate issued under the laws of a foreign state with which Canada has an agreement respecting such equipment.

• (2) The Minister shall, where it is determined that the synthetic flight training equipment meets the standards set out for that equipment in the Aeroplane and Rotorcraft Simulator Manual, issue to the operator of that equipment a flight simulator certificate or flight training device certificate.

• (3) A certificate issued pursuant to subsection (2) shall set out the following information:

  • (a) the name of the operator of the synthetic flight training equipment;

  • (b) the type, model or series number of aircraft represented;

  • (c) the qualification level of the synthetic flight training equipment; and

  • (d) the date of issuance of the certificate.

• (4) No certificate issued pursuant to subsection (2) remains in force unless the synthetic flight training equipment in respect of which the certificate has been issued

  • (a) maintains the performance, function and other characteristics that are required for the issuance of the certificate, except in the cases set out in the Simulator Component Inoperative Guide (SCIG);

  • (b) is maintained in accordance with the procedures set out in the Aeroplane and Rotorcraft Simulator Manual; and

  • (c) is changed as required, where the aircraft type, model or series number represented by the synthetic flight training equipment undergoes a change as a result of the issuance of an airworthiness directive or an amendment to this Part or Part VII that affects the training being conducted.

• (5) A certificate issued pursuant to subsection (2) remains in force where the synthetic flight training equipment in respect of which the certificate has been issued is re-evaluated

  • (a) in the case of a flight simulator, at least every six months; or

  • (b) in the case of a flight training device, at least every 12 months.

• (6) Subject to subsection (7), the certificate referred to in subsection (5) remains in force

  • (a) in the case of a flight simulator, until the first day of the seventh month following the month in which the flight simulator was evaluated; or

  • (b) in the case of a flight training device, until the first day of the thirteenth month following the month in which the flight training device was evaluated.

• (7) The Minister may extend the period in respect of which a flight simulator certificate or a flight training device certificate is in force by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.

Part VII — Commercial Air Services

Division I — General

Interpretation

700.01 In this Part,

acclimatized

acclimatized describes a flight crew member whose biorhythm is aligned with local time; (acclimaté)

all-cargo aeroplane

all-cargo aeroplane means an aeroplane that is equipped and used mainly for the carriage of goods; (avion tout-cargo)

areas of operation

areas of operation means areas in which operations are conducted between points in Canada, between points in Canada and points abroad, and between points abroad; (régions d’exploitation)

class 1 rest facility

class 1 rest facility means a bunk or other horizontal surface located in an area that

• (a) is separated from the flight deck and passenger cabin;

• (b) has devices to control the temperature and light; and

• (c) is subject to a minimal level of noise and other disturbances; (poste de repos de classe 1)

class 2 rest facility

class 2 rest facility means a seat that allows for a horizontal sleeping position in an area that

• (a) is separated from passengers by a curtain or other means of separation that reduces light and sound;

• (b) is equipped with portable oxygen equipment; and

• (c) minimizes disturbances by passengers and crew members; (poste de repos de classe 2)

class 3 rest facility

class 3 rest facility means a seat that reclines at least 40° from vertical and that has leg and foot support; (poste de repos de classe 3)

early duty

early duty means hours of work that begin between 02:00 and 06:59 at the location where the flight crew member is acclimatized; (service de début de journée)

employed on a full-time basis

employed on a full-time basis means working for an air operator on a continuous basis for at least the number of hours required to carry out the duties of the position for the safe operation of the commercial air service; (employé à temps plein)

extended charter

extended charter means the charter of a Canadian commercial aircraft to a Canadian or foreign air operator for a period of 21 days or more in order to supplement the fleet of the charterer; (affrètement de durée prolongée)

farmer

farmer means a person whose primary source of income is derived from the tillage of the soil, the raising of livestock or poultry, dairy farming, the growing of grain, fruit, vegetables or tobacco, or any other operation of a similar nature; (agriculteur)

flight crew member on reserve

flight crew member on reserve means a flight crew member who has been designated by an air operator to be available to report for flight duty on notice of more than one hour; (membre d’équipage de conduite en réserve)

late duty

late duty means hours of work that end between midnight and 01:59 at the location where the flight crew member is acclimatized; (service de fin de journée)

local night’s rest

local night’s rest means a rest period of at least nine hours that takes place between 22:30 and 09:30 at the location where the flight crew member is acclimatized; (nuit de repos locale)

main base

main base means a location at which an air operator has personnel, aircraft and facilities for the conducting of aerial work or the operation of an air transport service and that is established as the principal place of business of the air operator; (base principale)

net take-off flight path

net take-off flight path means the one-engine-inoperative flight path that starts at a height of 35 feet at the end of the take-off distance required and extends to a height of at least 1,500 feet AGL, reduced at each point by a gradient of climb equal to 0.8 per cent for two-engined aeroplanes, 0.9 per cent for three-engined aeroplanes and 1.0 per cent for four-engined aeroplanes; (trajectoire nette de décollage)

night duty

night duty means hours of work that begin between 13:00 and 01:59 and that end after 01:59 at a location where the flight crew member is acclimatized; (service de nuit)

operations between points abroad

operations between points abroad means air service operations that are conducted wholly outside Canada for any length of time; (exploitation entre points à l’étranger)

reserve availability period

reserve availability period means the period in any period of 24 consecutive hours during which a flight crew member on reserve is available to report for flight duty; (période de disponibilité en réserve)

reserve duty period

reserve duty period means the period that begins at the time that a flight crew member on reserve is available to report for flight duty and ends at the time that the flight duty period ends; (période de service en réserve)

single day free from duty

single day free from duty means time free from duty from the beginning of the first local night’s rest until the end of the following local night’s rest; (journée isolée sans service)

sub-base

sub-base means a location at which an air operator positions aircraft and personnel and from which operational control is exercised in accordance with the air operator’s operational control system; (base secondaire)

types of operation

types of operation means VFR, VFR at night and IFR operations; (types de vols)

types of service

types of service means a domestic service, a scheduled international service, a non-scheduled international service and a sightseeing operation; (types de service)

window of circadian low

window of circadian low means the period that begins at 02:00 and ends at 05:59 at the location where the flight crew member is acclimatized. (phase de dépression circadienne)