Canadian Aviation Regulations

701.25 (1) In this section, “critical surfaces” means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surface of an aircraft and, in the case of an aircraft that has rear-mounted engines, includes the upper surface of its fuselage.

(2) No person shall conduct or attempt to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces.

(3) Notwithstanding subsection (2), a person may conduct a take-off in an aircraft that has frost caused by cold-soaked fuel adhering to the underside of its wings if the take-off is conducted in accordance with the aircraft manufacturer’s instructions for take-off under those conditions.

(4) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to an aircraft, no person shall conduct or attempt to conduct a take-off in the aircraft unless

• (a) the aircraft has been inspected immediately prior to take-off to determine whether any frost, ice or snow is adhering to any of its critical surfaces; or

• (b) the foreign air operator or the holder of the flight authorization has

  • (i) established, in accordance with ICAO Document No. 9640 entitled Manual of Aircraft Ground De/Anti-icing Operations, an aircraft ground icing operations program that has been approved by the state of the foreign air operator or of the holder of the flight authorization, or

  • (ii) submitted to the Minister an aircraft ground icing operations program that meets the Commercial Air Service Standards.

(5) The inspection referred to in paragraph (4)(a) shall be performed from outside the aircraft.

(6) The inspection referred to in paragraph (4)(a) shall be performed by

• (a) the pilot-in-command;

• (b) a flight crew member of the aircraft who is designated by the pilot-in-command; or

• (c) a person, other than a person referred to in paragraph (a) or (b), who is designated by the foreign air operator or the holder of the flight authorization.

(7) No person shall perform the inspection referred to in paragraph (4)(a) unless the person has received annual training concerning aircraft surface contamination in accordance with the Commercial Air Service Standards.

(8) Where, before commencing a take-off, a crew member of an aircraft observes that there is frost, ice or snow adhering to the wings of the aircraft, the crew member shall immediately report that observation to the pilot-in-command, and the pilot-in-command or a flight crew member designated by the pilot-in-command shall inspect the wings of the aircraft before take-off.