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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 VII — Commercial Air Services (continued)

Subpart 4 — Commuter Operations (continued)

Division IX — Manuals (continued)

Distribution of Company Operations Manual
  •  (1) Subject to subsection (2), an air operator shall provide a copy of the appropriate parts of its company operations manual, including any amendments to those parts, to each of its crew members and to its ground operations and maintenance personnel.

  • (2) An air operator may place a copy of the appropriate parts of its company operations manual in each aircraft that it operates, instead of providing a copy to each crew member, if all amendments to the manual are included in the system for the dissemination of general operational information referred to in section 704.13.

  • (3) Every person who has been provided with a copy of the appropriate parts of a company operations manual pursuant to subsection (1) shall keep it up to date with the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.

Aircraft Operating Manual
  •  (1) An air operator may establish and maintain an aircraft operating manual for the use and guidance of crew members in the operation of its aircraft.

  • (2) An aircraft operating manual shall contain

    • (a) the aircraft operating procedures; and

    • (b) where the aircraft flight manual is not carried on board the aircraft, the aircraft performance data and limitations specified in the aircraft flight manual, which shall be clearly identified as aircraft flight manual requirements.

  • (3) An air operator that has established an aircraft operating manual shall ensure that a copy of the manual is carried on board each aircraft to which it relates.

Standard Operating Procedures
  •  (1) Every air operator shall, for each of its aircraft that is required to be operated by two or more pilots, establish and maintain standard operating procedures that enable the crew members to operate the aircraft within the limitations specified in the aircraft flight manual and that meet the Commercial Air Service Standards.

  • (2) An air operator that has established standard operating procedures for an aircraft shall ensure that a copy of the standard operating procedures is carried on board the aircraft.

  • (3) Where an air operator has established an aircraft operating manual, the standard operating procedures for the aircraft shall form part of that manual.

[704.125 to 704.127 reserved]

Subpart 5 — Airline Operations

Division I — General

Application

 This Subpart applies in respect of the operation by a Canadian air operator, in an air transport service or in aerial work involving sightseeing operations, of any of the following aircraft:

  • (a) an aeroplane, other than an aeroplane authorized to operate under Subpart 4, that has a MCTOW of more than 8 618 kg (19,000 pounds) or for which a Canadian type certificate has been issued authorizing the transport of 20 or more passengers;

  • (b) a helicopter that has a seating configuration, excluding pilot seats, of 20 or more; or

  • (c) any aircraft that is authorized by the Minister to be operated under this Subpart.

Aircraft Operation

 No air operator shall operate an aircraft under this Subpart unless the air operator complies with the conditions and operations specifications in an air operator certificate issued to that operator by the Minister pursuant to section 705.07.

Operations Manager
  •  (1) [Repealed, SOR/2019-295, s. 15]

  • (2) The operations manager appointed under paragraph 700.09(1)(a) shall, where a finding resulting from a quality assurance program established under section 706.07 or a safety management system referred to in section 705.151 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 (3) or (4), 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.

  • (3) The operations manager may assign the management functions for the entire safety management system referred to in section 705.151 to another person if the assignment and its scope are described in the air operator’s company operations manual.

  • (4) The operations manager may assign the management functions for specific duties to another person if the assignment and its scope are described in the air operator’s company operations manual.

  • (5) The responsibility of the operations manager is not affected by the assignment of management functions to another person under subsection (3) or (4).

Holder of More Than One Certificate

 If the holder of an air operator certificate issued under section 705.07 is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for maintenance appointed under paragraph 573.03(1)(a) shall, where a finding resulting from a quality assurance program established under section 706.07 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 573.04(4) or (5), 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.

  • SOR/2005-173, s. 22

[705.05 and 705.06 reserved]

Division II — Certification

Issuance or Amendment of Air Operator Certificate
  •  (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend an air operator certificate where the applicant demonstrates to the Minister the ability to

    • (a) maintain an adequate organizational structure;

    • (b) maintain an operational control system;

    • (c) meet training program requirements;

    • (d) comply with maintenance requirements;

    • (e) meet the Commercial Air Service Standards for the operation; and

    • (f) conduct the operation safely.

  • (2) For the purposes of subsection (1), an applicant shall have

    • (a) a management organization capable of exercising operational control;

    • (b) managerial personnel who have been approved by the Minister in accordance with the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely,

      • (i) operations manager,

      • (ii) chief pilots,

      • (iii) where the applicant does not hold an approved maintenance organization (AMO) certificate, maintenance manager, and

      • (iv) where flight attendants are required for the operation, flight attendant manager;

    • (c) a safety management system that meets the requirements of Subpart 7 of Part I and section 705.152;

    • (d) operational support services and equipment that meet the Commercial Air Service Standards;

    • (e) after January 1, 1997, where a master minimum equipment list has been established for a type of aircraft, a minimum equipment list for each aircraft of that type, approved by the Minister in accordance with the procedures specified in the MMEL/MEL Policy and Procedures Manual;

    • (f) aircraft that are properly equipped for and crew members who are qualified for the area of operation and the type of operation;

    • (g) an operational control system that meets the requirements of section 705.20;

    • (h) a training program that meets the requirements of section 705.124;

    • (i) legal custody and control of at least one aircraft of each category of aircraft that is to be operated;

    • (j) a company operations manual that meets the requirements of sections 705.134 and 705.135;

    • (k) a maintenance control system approved pursuant to Subpart 6; and

    • (l) an air operator emergency response plan that has the components set out in subsection 725.07(3) of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards.

  • SOR/2005-173, s. 23
  • SOR/2005-357, s. 7
Contents of Air Operator Certificate

 An air operator certificate shall contain

  • (a) the legal name, trade name and address of the air operator;

  • (b) the number of the air operator certificate;

  • (c) the effective date of certification;

  • (d) the date of issue of the certificate;

  • (e) the general conditions identified in section 705.09;

  • (f) specific conditions with respect to

    • (i) the areas of operation authorized,

    • (ii) the types of service authorized,

    • (iii) the types of aircraft authorized and, if applicable, their registration, and any operational restrictions, and

    • (iv) the main base, scheduled points and, if applicable, sub-bases; and

  • (g) where the air operator complies with the Commercial Air Service Standards, operations specifications with respect to

    • (i) aircraft performance, equipment and emergency equipment requirements,

    • (ii) instrument approach procedures,

    • (iii) enroute aerodrome authorizations and limitations,

    • (iv) special weather minima authorizations,

    • (v) authorizations concerning flight crew member qualifications and crew member complement,

    • (vi) navigation system authorizations,

    • (vii) pilot training and pilot proficiency checks,

    • (viii) the air operator maintenance control system approved pursuant to Subpart 6,

    • (ix) leasing arrangements,

    • (x) the use of synthetic flight training devices, and

    • (xi) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.

  • SOR/2009-152, s. 17
General Conditions of Air Operator Certificate

 An air operator certificate shall contain the following general conditions:

  • (a) the air operator shall conduct flight operations in accordance with its company operations manual;

  • (b) the air operator shall maintain an adequate organizational structure;

  • (c) the air operator shall employ managerial personnel who meet the Commercial Air Service Standards;

  • (d) the air operator shall conduct training in accordance with its training program approved pursuant to this Subpart;

  • (e) the air operator shall maintain aircraft that are properly equipped for the area of operation and the type of operation;

  • (f) the air operator shall employ crew members who are qualified for the area of operation and the type of operation;

  • (g) the air operator shall maintain its aircraft in accordance with the requirements of Subpart 6;

  • (h) the air operator shall maintain operational support services and equipment that meet the Commercial Air Service Standards;

  • (i) the air operator shall notify the Minister within 10 working days after

    • (i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point or its managerial personnel, or

    • (ii) ceasing to operate a type of aircraft authorized under this Subpart; and

  • (j) the air operator shall conduct a safe operation.

  • SOR/2009-152, s. 18

[705.10 to 705.15 reserved]

Division III — Flight Operations

Exceptions
  •  (1) Sections 705.40, 705.43, 705.75, 705.77 to 705.79, 705.139 and 705.201 do not apply if nine or fewer persons are on board an aircraft and each person is

    • (a) an employee of the air operator;

    • (b) a person whose presence on board the aircraft is necessary for

      • (i) the safety of the flight,

      • (ii) the safe handling of animals,

      • (iii) the safe handling of dangerous goods,

      • (iv) the security of valuable or confidential cargo,

      • (v) the preservation of fragile or perishable cargo, or

      • (vi) the handling of cargo;

    • (c) a person described in paragraph (b) who is travelling to or from an assignment;

    • (d) an owner or shipper of animals; or

    • (e) a dependant of an employee of the air operator.

  • (2) Any person referred to in subsection (1) may be carried on board an aircraft for which the type certificate does not authorize the transport of passengers.

  • (3) No air operator shall operate an aircraft with a person referred to in subsection (1) on board unless

    • (a) the air operator has established procedures for the transport of that person;

    • (b) the person has unobstructed access from the person’s seat to the flight deck, to an exit or to an emergency exit;

    • (c) the person is provided with a means of two-way communication with the flight crew members;

    • (d) the pilot-in-command has a means of notifying the person when safety belts must be fastened; and

    • (e) the air operator ensures that, before every take-off, the person is given a briefing by a crew member in accordance with the Commercial Air Service Standards.

  • SOR/2015-127, s. 15
Operating Instructions
  •  (1) An air operator shall ensure that all operations personnel are properly instructed about their duties and about the relationship of their duties to the operation as a whole.

  • (2) The operations personnel of an air operator shall follow the procedures specified in the air operator’s company operations manual in the performance of their duties.

General Operational Information

 Every air operator shall establish a system for the timely dissemination of general operational information that includes a means for each crew member and each flight dispatcher to acknowledge receipt of that information.

  • SOR/2009-152, s. 19
Scheduled Air Service Requirements
  •  (1) Subject to subsection (2), every air operator that operates a scheduled air service for the purpose of transporting persons shall operate the service between airports or heliports or between an airport or heliport and a military aerodrome.

  • (2) An air operator may operate a scheduled air service for the purpose of transporting persons between an airport and an aerodrome or between two aerodromes if the air operator is authorized to do so in its air operator certificate.

  • SOR/2007-87, s. 16
 
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