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Part VII - Commercial Air Services

Notice:  Please be advised that there was no scheduled amendment for December 2012 (2012-2). The next amendment is planned for Spring 2013 (2013-1).

Canadian Aviation Regulations (CARs) 2012-1

Subpart 3 - Air Taxi Operations

Content last revised: 2009/12/01

DIVISION I - GENERAL

Application

703.01 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) a single-engined aircraft;

(b) a multi-engined aircraft, other than a turbo-jet-powered aeroplane, that has a MCTOW of 8 618 kg (19,000 pounds) or less and a seating configuration, excluding pilot seats, of nine or less;

(b.1) a multi-engined helicopter certified for operation by one pilot and operated under VFR; and
(amended 2005/12/01; no previous version)

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

Aircraft Operation

703.02 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 703.07.

703.03 to 703.06 Reserved

DIVISION II - CERTIFICATION

Issuance or Amendment of Air Operator Certificate

703.07 (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 pilot, and

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

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

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

(e) an operational control system that meets the requirements of Section 703.16;

(f) a training program that meets the requirements of this Subpart;

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

(h) a company operations manual that meets the requirements of Sections 703.104 and 703.105; and

(i) a maintenance control system approved pursuant to Subpart 6.

Contents of Air Operator Certificate

703.08 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 703.09;

(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
(amended 2009/05/28; previous version)

(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 complement,

(vi) pilot training and pilot proficiency checks,

(vii) special helicopter procedures,

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

(ix) leasing arrangements, and

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

General Conditions of Air Operator Certificate

703.09 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
(amended 2009/05/28; previous version)

(i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point, or its managerial personnel, or
(amended 2009/05/28; previous version)

(ii) ceasing to operate a type of aircraft authorized under this Subpart; and
(amended 2009/05/28; previous version)

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

703.10 to 703.13 Reserved

DIVISION III - FLIGHT OPERATIONS

Operating Instructions

703.14 (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.

Scheduled Air Service Requirements

703.15 (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.
(amended 2007/06/30; previous version)

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

Operational Control System

703.16 No air operator shall operate an aircraft unless the air operator has an operational control system that meets the Commercial Air Service Standards and is under the control of its operations manager.

Flight Authorization

703.17 No person shall commence a flight unless the flight has been authorized in accordance with the procedures specified in the air operator's company operations manual.

Operational Flight Plan

703.18 (1) No air operator shall permit a person to commence a flight unless an operational flight plan that meets the Commercial Air Service Standards has been prepared in accordance with the procedures specified in the air operator's company operations manual.

(2) The pilot-in-command of an aircraft shall ensure that a copy of the operational flight plan is left at a point of departure, in accordance with the procedures specified in the company operations manual.

(3) An air operator shall retain a copy of the operational flight plan, including any amendments to that plan, for the period specified in the company operations manual.

Maintenance of Aircraft

703.19 No air operator shall permit a person to conduct a take-off in an aircraft that has not been maintained in accordance with the air operator's maintenance control system.

Fuel Requirements

703.20 No air operator shall authorize a flight and no person shall commence a flight unless the aircraft carries sufficient fuel to meet the fuel requirements of Part VI and to allow the aircraft

(a) in the case of an aeroplane operated in IFR flight,

(i) to descend at any point along the route to the lower of

(A) the single-engined service ceiling, or

(B) 10,000 feet,

(ii) to cruise at the altitude referred to in subparagraph (i) to a suitable aerodrome,

(iii) to conduct an approach and a missed approach, and

(iv) to hold for 30 minutes at an altitude of 1,500 feet above the elevation of the aerodrome selected in accordance with subparagraph (ii); and

(b) in the case of a helicopter operated in night VFR flight, to fly to the destination aerodrome and then to fly for 30 minutes at normal cruising speed.

Admission to Pilot's Compartment

703.21 (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft, the pilot-in-command shall give the inspector free and uninterrupted access to the pilot's compartment of the aircraft.

(2) An air operator and the pilot-in-command shall make available for the use of the air carrier inspector the seat most suitable to perform the inspector's duties, as determined by the inspector.

Transport of Passengers in Single-engined Aircraft

703.22 (1) Subject to subsection (2), no air operator shall operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight.

(2) An air operator may operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight if the air operator

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

(b) complies with the Commercial Air Service Standards.

Aircraft Operating over Water

703.23 No air operator shall, except when conducting a take-off or landing, operate a land aircraft over water, beyond a point where the land aircraft could reach shore in the event of an engine failure, unless the air operator

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

(b) complies with the Commercial Air Service Standards.

Number of Passengers in Single-Engined Aircraft

703.24 No air operator shall operate a single-engined aircraft with more than nine passengers on board unless

(a) the aircraft is a transport category helicopter;

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

(c) the air operator complies with the Commercial Air Service Standards.

Carriage of External Loads

703.25 Except where carriage of an external load has been authorized in a type certificate or supplemental type certificate, no air operator shall operate an aircraft to carry an external load with passengers on board.

Simulation of Emergency Situations

703.26 No person shall, where passengers are on board an aircraft, simulate emergency situations that could affect the flight characteristics of the aircraft.

VFR Flight Obstacle Clearance Requirements

703.27 Except when conducting a take-off or landing, no person shall operate an aircraft in VFR flight

(a) at night, at less than 1,000 feet above the highest obstacle located within a horizontal distance of three miles from the route to be flown; or

(b) where the aircraft is an aeroplane, during the day, at less than 300 feet AGL or at a horizontal distance of less than 300 feet from any obstacle.

VFR Flight Minimum Flight Visibility - Uncontrolled Airspace

703.28 (1) Where an aeroplane is operated in day VFR flight within uncontrolled airspace at less than 1,000 feet AGL, a person may, for the purposes of subparagraph 602.115(c)(i), operate the aeroplane when flight visibility is less than two miles if the person

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

(b) complies with the Commercial Air Service Standards.

(2) Where a helicopter is operated in day VFR flight within uncontrolled airspace at less than 1,000 feet AGL, a person may, for the purposes of subparagraph 602.115(d)(i), operate the helicopter when flight visibility is less than one mile if the person

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

(b) complies with the Commercial Air Service Standards.

VFR Flight Weather Conditions

703.29 No person shall commence a VFR flight unless current weather reports and forecasts, if obtainable, indicate that the weather conditions along the route to be flown and at the destination aerodrome will be such that the flight can be conducted in compliance with VFR.

Take-off Minima

703.30 (1) Subject to subsection (2), no person shall conduct a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used unless

(a) the take-off is authorized in an air operator certificate; and

(b) the person complies with the Commercial Air Service Standards.

(2) A person may conduct a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used, if the weather conditions are at or above the landing minima for another suitable runway at that aerodrome.

(3) For the purposes of Section 602.126, a person may conduct a take-off in an aircraft in IMC where weather conditions are below the take-off minima specified in the instrument approach procedure, if the person

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

(b) complies with the Commercial Air Service Standards.

(4) For the purposes of this Section, the landing minima are the decision height or the minimum descent altitude and the visibility published for an approach.

No Alternate Aerodrome - IFR Flight

703.31 For the purposes of Section 602.122, a person may conduct an IFR flight where an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary, if the person

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

(b) complies with the Commercial Air Service Standards.

Enroute Limitations

703.32 No person shall operate a multi-engined aircraft with passengers on board in IFR flight or in night VFR flight if the weight of the aircraft is greater than the weight that will allow the aircraft to maintain, with any engine inoperative, the MOCA of the route to be flown.

VFR OTT Flight

703.33 No person shall operate an aircraft in VFR OTT flight unless the person

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

(b) complies with the Commercial Air Service Standards.

Routes in Uncontrolled Airspace

703.34 No person shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the air operator establishes the route in accordance with the Commercial Air Service Standards.

703.35 Reserved
(amended 2006/12/01; previous version)

Minimum Altitudes and Distances

703.36 For the purposes of Sections 602.13 and 602.15, a person may conduct a take-off, approach or landing in a helicopter within a built-up area of a city or town, or operate a helicopter at altitudes and distances less than those specified in subsection 602.14(2), if the person

(a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and

(b) complies with the Commercial Air Service Standards.

Weight and Balance Control

703.37 (1) No person shall operate an aircraft unless, during every phase of the flight, the load restrictions, weight and centre of gravity of the aircraft conform to the limitations specified in the aircraft flight manual.

(2) An air operator shall have a weight and balance system that meets the Commercial Air Service Standards.

(3) An air operator shall specify in its company operations manual its weight and balance system and instructions to employees regarding the preparation and accuracy of weight and balance forms.

Passenger and Cabin Safety Procedures

703.38 (1) An air operator shall establish procedures to ensure that

(a) passengers move to and from the aircraft and embark and disembark safely, in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator's company operations manual;

(b) all passengers are seated and secured in accordance with subsection 605.26(1); and

(c) seats located at emergency exits are not occupied by passengers whose presence in those seats could adversely affect the safety of passengers or crew members during an emergency evacuation.

(2) No air operator shall permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator's company operations manual.

(3) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that

(a) meet the Commercial Air Service Standards; and

(b) are specified in the air operator's company operations manual.

Briefing of Passengers

703.39 (1) The pilot-in-command shall ensure that passengers are given a safety briefing in accordance with the Commercial Air Service Standards.

(2) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility for another person on board the aircraft, the pilot in command shall ensure that the passenger is given an individual safety briefing that
(amended 2009/05/28; previous version)

(a) is appropriate to the passenger's needs; and

(b) meets the Commercial Air Service Standards.

(3) An air operator shall ensure that each passenger is provided, at the passenger's seat or by means of clearly visible placards, with the safety information required by the Commercial Air Service Standards.

(4) The pilot-in-command shall ensure that, in the event of an emergency and where time and circumstances permit, all passengers are given an emergency briefing in accordance with the Commercial Air Service Standards.

(5) The pilot-in-command shall ensure that each passenger who is seated next to an emergency exit is made aware of how to operate that exit.

Instrument Approach Procedures
(amended 2006/12/01; previous version)

703.40 No person shall terminate an instrument approach with a landing unless, immediately before landing, the pilot-in-command ascertains, by means of radiocommunication or visual inspection,
(amended 2006/12/01; previous version)

(a) the condition of the runway or surface of intended landing; and

(b) the wind direction and speed.

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

703.41 (1) For the purposes of subsections (2) to (4), 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) No person shall continue a non-precision approach or an APV unless
(amended 2006/12/01; previous version)

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

(b) the aeroplane has a minimum flight crew composed of a pilot-in-command and a second-in-command;

(c) if the flight crew does not use pilot-monitored-approach procedures, the aeroplane is equipped with an autopilot capable of conducting a non-precision approach or an APV to 400 feet AGL or lower;

(d) the instrument approach procedure is conducted to straight-in minima; and

(e) a visibility report indicates that

(i) the visibility is equal to or greater than that set out in subsection (1),

(ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or

(iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.

(3) No person shall continue an SCDA non-precision approach unless
(amended 2006/12/01; previous version)

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

(b) the aeroplane has a minimum flight crew composed of a pilot-in-command and a second-in-command;

(c) if the flight crew does not use pilot-monitored-approach procedures, the aeroplane is equipped with an autopilot capable of conducting a non-precision approach to 400 feet AGL or lower;

(d) the instrument approach procedure is conducted to straight-in minima with a final approach course that meets the requirements of section 723.41 of Standard 723 — Air Taxi — Aeroplanes of the Commercial Air Service Standards;

(e) the final approach segment is conducted using a stabilized descent with a planned constant descent angle specified in section 723.41 of Standard 723 — Air Taxi — Aeroplanes of the Commercial Air Service Standards; and

(f) a visibility report indicates that

(i) the visibility is equal to or greater than that set out in subsection (1),

(ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or

(iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.

(4) No person shall continue a CAT I precision approach to a runway with centreline lighting unless
(amended 2006/12/01; previous version)

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

(b) the aeroplane has a minimum flight crew composed of a pilot-in-command and a second-in-command;

(c) the aeroplane is equipped with

(i) a flight director and autopilot capable of conducting a coupled precision approach to 200 feet AGL or lower, or

(ii) if the flight crew uses pilot-monitored-approach procedures, a flight director capable of conducting a precision approach to 200 feet AGL or lower;

(d) the runway is equipped with serviceable high-intensity approach lighting, high-intensity runway centreline lighting and high-intensity runway edge lighting; and

(e) a visibility report indicates that

(i) the visibility is equal to or greater than that set out in subsection (1),

(ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or

(iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.

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 1/4 1 200
2. 3/4 4 000 3/8 2 000
3. 1 5 000 1/2 2 600
4. 1 1/4   5/8 3 400
5. 1 1/2   3/4 4 000
6. 1 3/4   1 5 000
7. 2   1 5 000
8. 2 1/4   1 1/4 6 000
9. 2 1/2   1 1/4 greater than 6 000
10. 2 3/4   1 1/2 greater than 6 000
11. 3   1 1/2 greater than 6 000

Operation of Aircraft in Icing Conditions
(amended 2009/05/28; previous version)

703.42 When icing conditions are reported to exist or are forecast to be encountered along the route of flight, no person shall authorize a flight or its continuation or conduct a take-off or continue a flight in an aircraft, even if the pilot-in-command determines that the aircraft is adequately equipped to operate in icing conditions in accordance with paragraph 605.30(a), if, in the opinion of the pilot-in-command, the safety of the flight might be adversely affected.
(amended 2009/05/28; previous version)

703.43 to 703.51 Reserved
(amended 2009/05/28; previous version)

DIVISION IV - AIRCRAFT PERFORMANCE OPERATING LIMITATIONS

703.52 to 703.63 Reserved

DIVISION V - AIRCRAFT EQUIPMENT REQUIREMENTS

Night and IMC Flight
(amended 2009/05/28; previous version)

703.64 (1) No person shall operate a multi-engined aircraft with passengers on board in IMC unless the aircraft is equipped with

(a) a power failure warning device or vacuum indicator to show the power available for gyroscopic instruments from each power source;

(b) an alternate source of static pressure for the altimeter and the airspeed and vertical speed indicators;

(c) two generators, each of which is driven by a separate engine or by a rotor drive train; and

(d) two independent sources of energy, at least one of which is an engine-driven pump or generator, and each of which is able to drive all gyroscopic instruments and is installed so that the failure of one instrument or one source of energy will affect neither the energy supply to the remaining instruments nor the other source of energy.

(2) No person shall operate an aircraft at night unless the aircraft is equipped with
(amended 2009/05/28; previous version)

(a) at least one landing light; and
(amended 2009/05/28; previous version)

(b) if the aircraft is operated in icing conditions, a means of illumination or other means to detect the formation of ice.
(amended 2009/05/28; previous version)

Airborne Thunderstorm Detection and Weather Radar Equipment

703.65 No person shall operate an aircraft with passengers on board in IMC when current weather reports or forecasts indicate that thunderstorms may reasonably be expected along the route to be flown, unless the aircraft is equipped with thunderstorm detection equipment or weather radar equipment.

Additional Equipment for Single-pilot Operations

703.66 No person shall operate an aircraft on a single-pilot operation in IMC unless the aircraft is equipped with

(a) an auto-pilot that is capable of operating the aircraft controls to maintain flight and manoeuvre the aircraft about the lateral and longitudinal axes;

(b) a headset with a boom microphone or equivalent and a transmit button on the control column; and

(c) a chart holder that is placed in an easily readable position and a means of illumination for the chart holder.

Protective Breathing Equipment

703.67 (1) No air operator shall operate a pressurized aircraft unless protective breathing equipment with a 15-minute supply of breathing gas at a pressure-altitude of 8,000 feet is readily available at each flight crew member position.

(2) The protective breathing equipment referred to in subsection (1) may be used to meet the crew member oxygen requirements specified in Section 605.31.

First Aid Oxygen

703.68 No air operator shall operate an aircraft with passengers on board above FL 250 unless the aircraft is equipped with oxygen dispensing units and an undiluted supply of first aid oxygen sufficient to provide at least one passenger with oxygen for at least one hour or the entire duration of the flight at a cabin pressure-altitude above 8,000 feet, after an emergency descent following cabin depressurization, whichever period is longer.

Shoulder Harnesses

703.69 No person shall operate an aircraft unless the pilot seat and any seat beside the pilot seat are equipped with a safety belt that includes a shoulder harness.

ACAS
(amended 2007/07/01; previous version)

703.70 (1) Subject to subsection (3), no air operator shall operate an aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds) in RVSM airspace unless the aeroplane is equipped with an operative ACAS that
(amended 2007/07/01; previous version)

(a) meets the requirements of CAN-TSO-C119b or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides; and
(amended 2009/12/01; previous version)

(b) is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it.
(amended 2009/12/01; previous version)

(2) Subject to subsection (3), no air operator shall operate an aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds) in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that
(amended 2007/07/01; previous version)

(a) meets the requirements of CAN-TSO-C118 or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides; or
(amended 2009/12/01; previous version)

(b) meets the requirements of CAN-TSO-C119a or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides and is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it.
(amended 2009/12/01; previous version)

(3) The air operator may operate the aeroplane without its being equipped with an operative ACAS if
(amended 2007/07/01; previous version)

(a) where a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the date of failure of the ACAS; or

(b) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the ACAS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.

(4) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day.
(amended 2007/07/01; previous version)

703.71 to 703.81 Reserved
(amended 2007/07/01; previous version)

DIVISION VI - EMERGENCY EQUIPMENT

Equipment Standards and Inspection

703.82 No air operator shall operate an aircraft unless the emergency equipment carried on board the aircraft pursuant to Division II of Subpart 2 of Part VI meets the Commercial Air Service Standards and is inspected regularly in accordance with the inspection schedule set out in the air operator's company operations manual.

703.83 to 703.85 Reserved

DIVISION VII - PERSONNEL REQUIREMENTS

Minimum Crew

703.86 No air operator shall operate an aircraft with passengers on board in IFR flight with fewer than two pilots unless the air operator

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

(b) complies with the Commercial Air Service Standards.

Designation of Pilot-in-command and Second-in-command

703.87 An air operator shall designate for each flight a pilot-in-command and, where the crew includes two pilots, a pilot-in-command and a second-in-command.

Flight Crew Member Qualifications

703.88 (1) Subject to subsections (6) and (7), no air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person
(amended 2000/02/01; previous version)

(a) holds the licence and ratings required by Part IV;

(b) within the previous 90 days, has completed at least three take-offs and three landings

(i) where a type rating for that aircraft is required, in an aircraft of that type, or in a flight simulator representing that type of aircraft that has been approved by the Minister under Subpart 6 of Part VI for take-off and landing qualifications, or

(ii) where a type rating for that aircraft is not required, in an aircraft of that category and class, or in a flight simulator representing that category and class of aircraft that has been approved by the Minister under Subpart 6 of Part VI for take-off and landing qualifications;

(c) has successfully completed a pilot proficiency check or competency check for that type of aircraft, the validity period of which has not expired, in accordance with the Commercial Air Service Standards as follows:
(amended 2000/02/01; previous version)

(i) in the case of the pilot-in-command of a multi-engined aircraft or of a single-engined aeroplane that is operated in accordance with subsection 703.22(2), a pilot proficiency check for that type of aircraft,

(ii) in the case of the pilot-in-command of a single-engined helicopter, a pilot proficiency check on one of the types of single-engined helicopters operated by the air operator,

(iii) in the case of the second-in-command of a multi-engined aircraft, a pilot proficiency check or a competency check for that type of aircraft, and

(iv) in the case of the pilot-in-command of a single-engined aeroplane that is not operated in accordance with subsection 703.22(2), a competency check for that type of aircraft; and
(amended 1999/06/01; previous version)

(d) has fulfilled the requirements of the air operator's ground and flight training program.

(2) An air operator may group similar aeroplanes as a single type for purposes of the pilot proficiency check referred to in paragraph (1)(c) if the air operator

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

(b) complies with the Commercial Air Service Standards.

(3) No person shall act as the pilot-in-command of an aircraft with a person other than a flight crew member on board in night VFR flight unless the person acting as the pilot-in-command holds an instrument rating for that class of aircraft.

(4) No air operator shall permit a person to act and no person shall act as the pilot-in-command of an aircraft with passengers on board unless the person has acquired, prior to designation as pilot-in-command, the following flight time on that type and basic model of aircraft and in the pilot-in-command position:

(a) in the case of a single-engined aeroplane or a helicopter, five hours; or

(b) in the case of a multi-engined aeroplane, 15 hours.

(5) The flight time required by subsection (4) may be reduced by one hour for each take-off and landing completed, up to a maximum of 50 per cent.

(6) An air operator may permit a person to act and a person may act as a flight crew member in an aircraft if the person does not meet the requirements set out in paragraphs (1)(b) to (d) if the air operator
(amended 1999/06/01; previous version)

(a) is authorized to do so in its air operator certificate; and
(amended 1999/06/01; previous version)

(b) complies with the Commercial Air Service Standards.
(amended 1999/06/01; previous version)

(7) Subparagraph (1)(c)(iv) does not apply in the case of a chief pilot who acts as pilot-in-command of a single-engined aeroplane that is not operated in accordance with subsection 703.22(2).
(amended 2000/02/01; no previous version)

Qualifications of Operational Control Personnel

703.89 (1) No air operator shall permit a person to act and no person shall act in an operational control position unless that person has fulfilled the training requirements set out in this Subpart and has demonstrated to the air operator the knowledge and abilities required by the Commercial Air Service Standards.

(2) A person who has not acted in an operational control position within the previous three months shall, prior to acting in an operational control position, satisfy the air operator that the person still has the knowledge and abilities referred to in subsection (1).

Check Authority

703.90 (1) A pilot proficiency check shall be conducted by the Minister.

(2) Any other check required under this Subpart may be conducted by the Minister.

Validity Period

703.91 (1) Subject to subsections (2) and (3), the validity period of a pilot proficiency check, a competency check and the annual training referred to in Section 703.98 expires on the first day of the thirteenth month following the month in which the pilot proficiency check, competency check or training was completed.

(2) Where a pilot proficiency check, a competency check or annual training is renewed within the last 90 days of its validity period, its validity period is extended by 12 months.

(3) The Minister may extend the validity period of a pilot proficiency check, a competency check or annual training by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.

(4) Where the validity period of a pilot proficiency check, a competency check or annual training has been expired for 24 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.

703.92 to 703.97 Reserved

DIVISION VIII - TRAINING

Training Program

703.98 (1) Every air operator shall establish and maintain a ground and flight training program that is

(a) designed to ensure that each person who receives training acquires the competence to perform the person's assigned duties; and

(b) approved by the Minister in accordance with the Commercial Air Service Standards.

(2) An air operator's ground and flight training program shall include

(a) company indoctrination training;

(b) upgrading training;

(c) initial and annual training, including

(i) aircraft type training,

(ii) aircraft servicing and ground handling training,

(iii) emergency procedures training,

(iv) training for operational control personnel, and

(v) aircraft surface contamination training for pilots and other operations personnel; and

(d) any other training required to ensure a safe operation under this Subpart.

(3) An air operator shall

(a) include a detailed syllabus of its ground and flight training program in its company operations manual;

(b) ensure that qualified personnel are provided for its ground and flight training program, in accordance with the Commercial Air Service Standards; and

(c) establish and maintain a safety awareness program concerning the adverse effects of aircraft surface contamination and provide the program to all flight operations personnel who are not required to receive the training described in subparagraph (2)(c)(v).

Training and Qualification Records

703.99 (1) Every air operator shall, for each person who is required to receive training under this Subpart, establish and maintain a record of

(a) the person's name and, where applicable, personnel licence number, type and ratings;

(b) if applicable, the person's medical category and the expiry date of that category;

(c) the dates on which the person, while in the air operator's employ, successfully completed any training, pilot proficiency check, competency check or examination required under this Subpart or obtained any qualification required under this Subpart;

(d) information relating to any failure of the person, while in the air operator's employ, to successfully complete any training, pilot proficiency check, competency check or examination required under this Subpart or to obtain any qualification required under this Subpart; and

(e) the type of aircraft or flight training equipment used for any training, pilot proficiency check, competency check or qualification required under this Subpart.

(2) An air operator shall retain the records referred to in paragraphs (1)(c) and (d) and a record of each pilot proficiency check for at least three years.

(3) An air operator shall retain a copy of the most recent written examination completed by each pilot for each type of aircraft for which the pilot has a qualification.

703.100 to 703.103 Reserved

DIVISION IX - MANUALS

Requirements Relating to Company Operations Manual

703.104 (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of Section 703.105.

(2) An air operator shall submit its company operations manual, and any amendments to that manual, to the Minister.

(3) Where there is a change in any aspect of an air operator's operation or where the company operations manual no longer meets the Commercial Air Service Standards, the air operator shall amend its company operations manual.

(4) The Minister shall, where the Commercial Air Service Standards are met, approve those parts of a company operations manual, and any amendments to those parts, that relate to the information required by Section 703.105.

Contents of Company Operations Manual

703.105 (1) A company operations manual, which may be issued in separate parts corresponding to specific aspects of an operation, shall include the instructions and information necessary to enable the personnel concerned to perform their duties safely and shall contain the information required by the Commercial Air Service Standards.

(2) A company operations manual shall be such that

(a) all parts of the manual are consistent and compatible in form and content;

(b) the manual can be readily amended;

(c) the manual contains an amendment control page and a list of the pages that are in effect; and

(d) the manual has the date of the last amendment to each page specified on that page.

Distribution of Company Operations Manual

703.106 (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 the air operator has established in its company operations manual procedures for amending that manual.

(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.

Standard Operating Procedures

703.107 (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.

703.108 and 703.109 Reserved

Date modified:
2013-01-23