Part VII - Commercial Air Services

Canadian Aviation Regulations (CARs) 2011-2

Subpart 0 - General

Content last revised: 2009/06/30

DIVISION I - GENERAL

Interpretation

700.01 In this Part,

“all-cargo aeroplane” means an aeroplane that is equipped and used mainly for the carriage of goods; (avion tout-cargo)
(amended 2003/04/09; no previous version)

“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)

“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” - 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” - 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” - 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)

“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)
(amended 2009/05/28; no previous version)

“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)

“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)

"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” - means VFR, VFR at night and IFR operations; (types de vols)

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

Requirements for Air Operator Certificate

700.02 (1) No person shall operate an air transport service unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to operate that service.

(2) Subject to subsections (3) and (4), no person shall, unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to do so, operate an aeroplane or helicopter to conduct aerial work involving

(a) the carriage on board of persons other than flight crew members;

(b) the carriage of helicopter Class B, C or D external loads;

(c) the towing of objects; or

(d) the dispersal of products.

(3) A person who does not hold an air operator certificate may conduct aerial work involving the dispersal of products if

(a) the person is a farmer;

(b) the person owns the aircraft that is used to disperse the products;

(c) the products are dispersed for agricultural purposes; and

(d) the dispersal of the products takes place within 25 miles of the centre of the person's farm.

(4) A person who does not hold an air operator certificate may conduct aerial work involving the carriage of persons other than flight crew members on board a single-engined aircraft if

(a) the person holds a flight training unit operator certificate;
(amended 2004/02/24; previous version)

(b) the pilot-in-command is the holder of a valid flight instructor rating in the appropriate category of aircraft;
(amended 1999/06/01; previous version)

(c) the aircraft is operated in day VFR flight;
(amended 1999/06/01; no previous version)

(d) there are no more than nine passengers on board; and
(amended 1999/06/01; no previous version)

(e) the flight is conducted for the purpose of sightseeing operations.
(amended 1999/06/01; no previous version)

Authorization to Operate Specialty Air Service under NAFTA

700.03 (1) A person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a specialty air service in Canada in accordance with Chapter 12 and Annex I - Canada of the North American Free Trade Agreement shall, prior to operating the service, obtain from the Minister an authorization to operate the service. The request for the authorization shall be in the form and shall contain the information specified in the Commercial Air Service Standards.

(2) The Minister may, on receipt of a request referred to in subsection (1) and where the requirements of the Commercial Air Service Standards are met, issue an authorization containing the conditions under which the specialty air service may be operated.

(3) An authorization referred to in subsection (1) is required in addition to an air operator certificate for those persons who are required to hold an air operator certificate pursuant to Subpart 2.

Eligibility for Air Operator Certificate

700.04 (1) A Canadian is eligible to hold an air operator certificate.

(2) A person who is a citizen, permanent resident or corporation of a foreign state is eligible to hold an air operator certificate that authorizes the person to operate an air transport service in Canada if the person

(a) holds a similar document of entitlement issued by the foreign state; and

(b) meets the requirements of Subpart 1.

(3) A person who is a citizen, permanent resident or corporation of the United States of America or Mexico is eligible to hold an air operator certificate that authorizes the person to conduct aerial work in Canada if

(a) the aerial work is a specialty air service for which the person may obtain an operating certificate in accordance with Chapter 12 and Annex I - Canada of the North American Free Trade Agreement; and

(b) the person meets the requirements of Subpart 2.

Aircraft Requirements

700.05 (1) Subject to subsection (3), no Canadian air operator shall operate an aircraft in a commercial air service unless
(amended 2002/03/01; previous version)

(a) a certificate of airworthiness that meets the requirements of Article 31 of the Convention has been issued for the aircraft; and
(amended 2002/03/01; previous version)

(b) in the case of an aircraft registered in another contracting state, the Minister has authorized its operation under Part II and, where a Canadian type certificate has not been issued for the aircraft type, the aircraft has been approved for operation under Part V.

(2) No air operator that is a citizen, permanent resident or corporation of a foreign state shall operate an aircraft in a commercial air service in Canada unless

(a) the aircraft is registered in Canada under Part II or in the foreign state; and

(b) where a Canadian type certificate has not been issued for the aircraft type, the aircraft has been approved for operation under Part V.

(3) The Minister may authorize the operation of an aircraft in aerial work under Subpart 2 if
(amended 2002/03/01; no previous version)

(a) a special certificate of airworthiness in the restricted or limited classification has been issued in respect of the aircraft; or
(amended 2002/03/01; no previous version)

(b) a foreign flight authority that is the equivalent of a special certificate of airworthiness in the restricted or limited classification has been issued in respect of the aircraft and validated by the Minister under section 507.05.
(amended 2002/03/01; no previous version)

Extended Charter

700.06 No air operator shall operate an aircraft on an extended charter unless the air operator

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

(b) complies with the Commercial Air Service Standards.

Management Agreement

700.07 No air operator shall manage another air operator's operation unless the air operator that manages the operation

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

(b) complies with the Commercial Air Service Standards.

Operations between Points Abroad

700.08 No air operator shall operate an air service between points abroad unless the air operator

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

(b) complies with the Commercial Air Service Standards.

Duties of Certificate Holder
(amended 2005/05/31; previous version)

700.09  (1) The holder of an air operator certificate issued under section 702.07, 703.07, 704.07 or 705.07 shall
(amended 2005/05/31; previous version)

(a) appoint an operations manager and, where the holder does not hold an approved maintenance organization (AMO) certificate, a maintenance manager; and

(b) ensure that the operations manager meets the requirements of

(i) section 722.07 of Standard 722 — Aerial Work of the Commercial Air Service Standards,

(ii) section 723.07 of Standard 723 — Air Taxi — Aeroplanes of the Commercial Air Service Standards,

(iii) section 723.07 of Standard 723 — Air Taxi — Helicopters of the Commercial Air Service Standards,

(iv) section 724.07 of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards,

(v) section 724.07 of Standard 724 — Commuter Operations — Helicopters of the Commercial Air Service Standards, or

(vi) section 725.07 of Standard 725 — Airline Operations — Aeroplanes of the Commercial Air Service Standards;

(c) ensure that the maintenance manager meets the requirements of section 726.03 of Standard 726 — Air Operator Maintenance of the Commercial Air Service Standards;

(d) in the case of the holder of an air operator certificate issued under section 705.07, ensure that the operations manager performs the duties set out in subsections 705.03(1) and (2);

(e) in the case of the holder of an air operator certificate issued under section 705.07 who is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, ensure that the person responsible for maintenance performs the duties set out in section 705.04;
(amended 2005/11/21; previous version)

(f) provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the holder of the air operator certificate meets the requirements of these Regulations;

(g) authorize the maintenance manager to remove aircraft from operation, where the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public;

(h) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 706.07 or a safety management system referred to in section 705.151; and

(i) conduct reviews of the safety management system to determine its effectiveness.

(2) The maintenance manager appointed under paragraph (1)(a) shall be the person responsible for the maintenance control system of the air operator appointed under paragraph 706.03(1)(a).

(3) The holder of an air operator certificate issued under section 705.07 shall ensure that the person managing the safety management system referred to in section 705.153 performs the duties set out in that section.

DIVISION II - APPROACH BANS

(amended 2006/12/01; previous version)

Approach Bans — Non Precision, APV and CAT I Precision
(amended 2006/12/01; previous version)

700.10 (1) For the purposes of subsection (3), the visibility with respect to an aeroplane is less than the minimum visibility required for a non-precision approach, an APV or a CAT I precision approach if, in respect of the advisory visibility specified in the Canada Air Pilot and set out in column I of an item in the table to this section,
(amended 2006/12/01; previous version)

(a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the runway of intended approach is less than the visibility set out in column II of the item for the approach conducted;

(b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the runway of intended approach is less than the visibility set out in column II of the item for the approach conducted;

(c) where no RVR for the runway of intended approach is available, the runway visibility is less than the visibility set out in column II of the item for the approach conducted; or

(d) where the aerodrome is located south of the 60th parallel of north latitude and no RVR or runway visibility for the runway of intended approach is available, the ground visibility at the aerodrome where the runway is located is less than the visibility set out in column II of the item for the approach conducted.

(2) For the purposes of subsection (3), the visibility with respect to a helicopter is less than the minimum visibility required for a non-precision approach, an APV or a CAT I precision approach if
(amended 2006/12/01; previous version)

(a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the surface of intended approach is less than 1,200 feet; or

(b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the surface of intended approach is less than 1,200 feet.

(3) Where the visibility is less than the minimum visibility set out in subsection (1) or (2), as applicable, no person shall continue a non-precision approach, an APV or a CAT I precision approach in an IFR aircraft unless
(amended 2006/12/01; previous version)

(a) at the time a visibility report is received, the aircraft has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted;

(b) the aircraft is on a training flight where a landing is not intended and the appropriate air traffic control unit is informed that a missed approach procedure will be initiated at or above the decision height or minimum descent altitude, as appropriate;

(c) the RVR is varying between distances less than and greater than the minimum RVR;

(d) where the aerodrome is located south of the 60th parallel of north latitude and no RVR or runway visibility for the runway of intended approach is available, the ground visibility at the aerodrome where the runway is located is reported to vary between distances less than and greater than the minimum visibility;

(e) a localized meteorological phenomenon is affecting the ground visibility to the extent that the visibility on the approach to the runway of intended approach and along that runway, as observed by the pilot-in-command in flight and reported immediately to ATS, if available, is equal to or greater than the advisory visibility specified in the Canada Air Pilot in respect of the runway of intended approach for the instrument approach procedure conducted; or

(f) the approach is conducted in accordance with section 703.41,  704.37 or  705.48.

(4) No pilot-in-command of an IFR aircraft operated under this Part shall commence a non-precision approach, an APV or a CAT I precision approach to an airport where low-visibility procedures are in effect.
(amended 2006/12/01; previous version)

TABLE
APPROACH BANS — VISIBILITY

	Column I		Column II
	Canada Air Pilot Advisory Visibility		Visibility Report
Item	Statute miles	RVR in feet	Statute miles	Feet
1.	1/2	2 600	3/8	1 600
2.	3/4	4 000	5/8	3 000
3.	1	5 000	3/4	4 000
4.	1 1/4		1	5 000
5.	1 1/2		1 1/4	6 000
6.	1 3/4		1 1/2	greater than 6 000
7.	2		1 1/2	greater than 6 000
8.	2 1/4		1 3/4	greater than 6 000
9.	2 1/2		2	greater than 6 000
10.	2 3/4		2 1/4	greater than 6 000
11.	3		2 1/4	greater than 6 000

Approach Bans — CAT II and CAT III Precision
(amended 2006/12/01; previous version)

700.11 No pilot-in-command of an IFR aircraft operated under this Part who is conducting a CAT II or CAT III precision approach shall continue the approach beyond the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted, unless the RVR is equal to or greater than the minimum RVR specified in the Canada Air Pilot in respect of the runway or surface of intended approach for the instrument approach procedure conducted.
(amended 2006/12/01; previous version)

700.12 and 700.13 Reserved
(amended 2006/12/01; previous version)

DIVISION III - FLIGHT TIME AND FLIGHT DUTY TIME LIMITATIONS AND REST PERIODS

(amended 2006/12/01; previous version)

Monitoring System

700.14 (1) Every air operator shall establish a system that monitors the flight time, flight duty time and rest periods of each of its flight crew members and shall include in its company operations manual the details of that system.

(2) Where a person becomes aware that an assignment by an air operator to act as a flight crew member on a flight would result in the maximum flight time referred to in Section 700.15 or the maximum flight duty time referred to in Section 700.16 being exceeded, the person shall so notify the air operator.

Flight Time Limitations

700.15 (1) Subject to subsection (2), no air operator shall assign a flight crew member for flight time, and no flight crew member shall accept such an assignment, if the flight crew member's total flight time in all flights conducted by the flight crew member will, as a result, exceed

(a) 1,200 hours in any 365 consecutive days;

(b) 300 hours in any 90 consecutive days;

(c) 120 hours in any 30 consecutive days or, in the case of a flight crew member on call, 100 hours in any 30 consecutive days;

(d) where the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, 40 hours in any 7 consecutive days;

(e) where the flight is conducted under Subpart 2 or 3, or is conducted using a helicopter, 60 hours in any 7 consecutive days; or

(f) where the flight crew member conducts single-pilot IFR flights, 8 hours in any 24 consecutive hours.

(2) An air operator may assign a flight crew member for flight time, and a flight crew member may accept such an assignment, where the flight crew member's flight time will, as a result, exceed the flight time referred to in subsection (1) if

(a) the increase in flight time is authorized in the air operator's air operator certificate; and

(b) the air operator and the flight crew member comply with the Commercial Air Service Standards.

(3) Subject to Section 700.17, a flight crew member who reaches a flight time limitation established by this Section is deemed to be fatigued and shall not continue on flight duty or be reassigned to flight duty until such time as the flight crew member has had the rest period required by Section 700.16 or 700.19.

Flight Duty Time Limitations and Rest Periods

700.16 (1) Subject to subsections (5) and (7), no air operator shall assign a flight crew member for flight duty time, and no flight crew member shall accept such an assignment, if the flight crew member's flight duty time will, as a result, exceed 14 consecutive hours in any 24 consecutive hours. Where the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, flight duty time shall include 15 minutes for post-flight duties.

(2) Where the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter or a DeHavilland DHC-6 aircraft pursuant to the Commercial Air Service Standards, a flight crew member shall receive at least 24 consecutive hours free from flight duty following 3 consecutive flight duty time assignments that exceed 12 consecutive hours unless the flight crew member has received at least 24 consecutive hours free from flight duty between each flight duty time assignment.

(3) Following a flight duty time assignment, an air operator shall provide a flight crew member with the minimum rest period and any additional rest period required by this Part.

(4) A flight crew member shall use a rest period provided pursuant to subsection (3) and Section 700.19 to obtain the necessary rest and shall be adequately rested prior to reporting for flight duty.

(5) Where flight duty time includes a rest period, flight duty time may be extended beyond the maximum flight duty time referred to in subsection (1) by one-half the length of the rest period referred to in paragraph (b), to a maximum of 3 hours, if

(a) the air operator provides the flight crew member with advance notice of the extension of flight duty time;

(b) the air operator provides the flight crew member with a rest period of at least 4 consecutive hours in suitable accommodation; and

(c) the flight crew member's rest is not interrupted by the air operator during the rest period.

(6) The minimum rest period following flight duty time referred to in subsection (5) and prior to the next flight duty time shall be increased by an amount at least equal to the extension to the flight duty time.

(7) An air operator may assign a flight crew member for flight duty time, and a flight crew member may accept such an assignment, where the flight crew member's flight duty time will, as a result, exceed the flight duty time referred to in subsection (1) if

(a) the increase in flight duty time is authorized in the air operator certificate; and

(b) the air operator and the flight crew member comply with the Commercial Air Service Standards.

Unforeseen Operational Circumstances

700.17 The maximum flight time referred to in paragraphs 700.15(1)(a) to (e) and the maximum flight duty time referred to in subsection 700.16(1) may be exceeded if
(amended 1999/06/01; previous version)

(a) the flight is extended as a result of unforeseen operational circumstances;

(b) the pilot-in-command, after consultation with the other flight crew members, considers it safe to exceed the maximum flight time and flight duty time; and
(amended 1999/06/01; previous version)

(c) the air operator and the pilot-in-command comply with the Commercial Air Service Standards.

Delayed Reporting Time

700.18 Where a flight crew member is notified of a delay in reporting time before leaving a rest facility and the delay is in excess of 3 hours, the flight crew member's flight duty time is considered to have started 3 hours after the original reporting time.

Requirements for Time Free from Duty

700.19 (1) Subject to subsection (2), an air operator shall provide each flight crew member with the following time free from duty:

(a) where the operation is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, one period of at least 36 consecutive hours within each 7 consecutive days or one period of at least 3 consecutive calendar days within each 17 consecutive days;

(b) where the operation is conducted under Subpart 2 or 3 or is conducted using a helicopter, one period of at least 24 consecutive hours 13 times within each 90 consecutive days and 3 times within each 30 consecutive days; and

(c) where the flight crew member is a flight crew member on call, one period of at least 36 consecutive hours within each 7 consecutive days or one period of at least 3 consecutive calendar days within each 17 consecutive days.

(2) An air operator may provide a flight crew member with time free from duty other than as required by paragraphs (1)(a) and (b) if

(a) the time free from duty is authorized in the air operator certificate; and

(b) the air operator and the flight crew member comply with the Commercial Air Service Standards.

(3) An air operator shall notify a flight crew member on call of the commencement and duration of the flight crew member's time free from duty.

Flight Crew Positioning

700.20 Where a flight crew member is required by an air operator to travel for the purpose of positioning after the completion of flight duty time, the air operator shall provide the flight crew member with an additional rest period at least equal to one-half the time spent travelling that is in excess of the flight crew member's maximum flight duty time.

Flight Crew Members on Reserve

700.21 (1) An air operator shall provide flight crew members on reserve, within each 24-hour period, with a rest period that meets the requirements of the Commercial Air Service Standards.
(amended 1999/06/01; previous version)

(2) Every air operator shall outline in its company operations manual a method for ensuring compliance with this Section and the Commercial Air Service Standards.

Long-range Flights

700.22 (1) A flight or series of flights that terminates more than 4 one-hour time zones from the point of departure, other than flights conducted entirely within Northern Domestic Airspace, shall be limited to 3 sectors and shall be followed by a rest period that is at least equal to the length of the preceding flight duty time.

(2) Where a flight referred to in subsection (1) is a transoceanic flight, the maximum number of sectors that may be completed after the transoceanic sector is one, excluding one unscheduled technical stop.

Controlled Rest on the Flight Deck

700.23 An air operator may institute a program of controlled rest on the flight deck if

(a) The program is authorized in its air operator certificate; and

(b) The air operator and the flight crew members comply with the Commercial Air Service Standards.

Date modified:

2012-01-23

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