2.1 Applying for an Air Operator Certificate

1. Once you have formulated your plans and decide to go ahead, complete and submit Form 26-0380 "Statement of Intent" to the appropriate Regional Manager, Commercial and Business Aviation. (See section 2.2 for addresses and telephone numbers of Transport Canada, Civil Aviation regional offices.)

When completing this application in full, it is most important that the following pertinent information pertaining to the company, partnership or incorporation of your company is provided and indicates:

  1. that the company, partnership or corporation is legally formed or under the laws of Canada or a Province, the date of incorporation and corporation number (where applicable);
  2. that its principal place of business is in Canada;
  3. that its executive head is a Canadian citizen or permanent resident within the meaning of the Immigration Act;
  4. that it is controlled in fact by Canadians and of which at least 75%, or such lesser percentage as the Governor in Council may by regulation specify, of the voting interests are owned and controlled by Canadians;
  5. the nature of the proposed operation; and
  6. that a copy of proof of incorporation is provided or pertinent pages thereof.

2. If you are applying for certification of a small domestic or aerial work air service or are familiar with TC's certification requirements and procedures, submission of an application can be made through the mail. However, if this is your first involvement in setting up a commercial air service and most certainly if you are going to operate large aircraft, we recommend that you make arrangements to discuss your operation with the Regional Manager, Commercial and Business Aviation. The regional office will review your proposal and provide you with the required forms, specialist telephone contact numbers and advice specific to the type and size of operations proposed.

3. We will not attempt to duplicate here the full and detailed information contained in the various subparts VII of the CARs or the specific advice you will be given by the Regional office. However, for your advanced information we have attached sample copies of Air Operator Certificate Application forms along with a Confirmation of Certification of Insurance document.

**NOTE: You may procure the latest form from the Regional Aircraft Registration Section.

In addition to the foregoing, you will be expected:

  1. to provide resumes of your Chief Pilot, Operations Manager, Flight Attendant Manager and the person responsible for the maintenance control system;
  2. to produce a company Operations Manual and a Training program, Maintenance Control Manual, Flight Attendant Manual, Flight Attendant Training Program and detail on each aircraft type which is over 12,500 lbs. (MCTOW) pressurized or turbine powered
  3. to have your crews' proficiency checked on the aircraft type(s), after the training programme is approved;
  4. to undergo a base and aircraft inspection; and
  5. to produce the line indoctrination training program and/or undergo a proving flight, if applicable.

4. It is also important to look into the matter of aircraft importation and airworthiness. If you are proposing to import an aircraft for use in your air service, we suggest that you first make sure that the particular aircraft and type can be registered and operated commercially in Canada. For information pertaining to personnel licensing, aircraft registration and airworthiness, requirements for cockpit voice recorders and flight data recorders, please refer to A.I.P. Canada, in the "LRA Section" or to Flight Data Recorder (FDR) and Cockpit Voice Recorder (CVR) refer to sections 605.33 and 605.34 of the CARs, to Noise Operating Criteria refers to section 602.105 of the CARs and to Noise Restricted Runways refers to section 602.106 of the CARs.

5. Another very important point to consider is that the necessary aviation insurance coverage required for your commercial operation can be an expensive part of your start-up operations. It is suggested that you contact an Aviation Insurance Underwriter at your earliest opportunity in this matter.

6. During this whole process you will be very busy trying to put everything together and will certainly be in frequent contact with the various specialist divisions of the Regional office. Finally, when all TC requirements are met, the Regional office will then issue the formal air operator certificate.

7. Certification is a co-operative effort in which both the air operator and TC play a part and share responsibilities. It is our job to facilitate your desire to operate a commercial air service and it rests with you to prove to us that you can do so safely. Further, TC does not provide consultant services and if the TC's services seem to appear slow to you, you should seriously consider, from the outset, the use of civil aviation consultants.

8. Chapter 6 of this Manual pertains to the Canada Aviation OSH (Occupational Safety and Health) Program which is designed for the Aviation Industry and is administered and enforced by Transport Canada Aviation. The program is to insure compliance with the purpose of the Canada Labour Code Part II which is to prevent accidents and injury to health, arising out of, limited with or occurring in the course of employment by employees working on board of an aircraft while in operation.

9. Chapter 7 of this Manual pertains to the Transportation of Dangerous Goods by aircraft in accordance with the Transportation of the Dangerous Goods Act and the Transportation of Dangerous Goods Regulations.

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