Part VII - Commercial Air Services

Canadian Aviation Regulations (CARs) 2014-1

Standard 721 - Foreign Air Operations

Content last revised: 1996/10/10

Foreword

This Commercial Air Service Standard outlines the requirements for complying with the Foreign Air Operations Regulation and Subpart 701 of the Canadian Aviation Regulations.

For ease of cross reference the divisions and numbers of the standard are assigned to correspond to the regulations, therefore Standard 721.05 would reflect a standard required by Section 701.05 of the Regulations.

DIVISION I - GENERAL

721.01 General

(1) The standards under this subpart apply in respect of any air transport service involving the use of an aeroplane or helicopter engaged in by a foreign operator operating an air transport service and foreign state aircraft operated in Canada under Subpart 701 of the Canadian Aviation Regulations.

(2) The words and expressions used in these Standards have the same meaning as in the General Provisions Regulations Section 100.01 of the Canadian Aviation Regulations.

DIVISION II - CERTIFICATION AND AUTHORIZATION ISSUANCE OR AMENDMENT OF AIR OPERATOR CERTIFICATE

721.07 Application for or Amendment of a Canadian Foreign Air Operator Certificate

(1) The following constitutes an application for or an amendment of a Canadian foreign air operator certificate:

(a) a copy of a valid air operator certificate (AOC) or equivalent document (certificate of competency) issued by the State of the operator;

(b) a copy of the approval page indicating those portions of the air operator's operations manual that have been approved by the State of the operator;

(c) a copy of the air operator's authority to operate an air transport service to and from Canada;

(d) a copy of a valid Certificate of Airworthiness for each aircraft intended to be operated in Canada;

(e) a copy of the schedule that indicates when servicing and maintenance is required to be performed for each aircraft intended to be operated, whether or not approved by the State of registry;

(f) a copy of the approval of the servicing and maintenance schedule for each aircraft intended to be operated, if required by the State of registry;

(g) where the performance, in Canada, or any part of the schedule for servicing and maintenance of the aircraft, intended to be operated, is assigned to a maintenance organization, a copy of such approval issued by the State of registry;

(h) for those aircraft intended to be operated in Canada not registered by the State of the operator, a copy of the lease agreement for each aircraft so operated;

(i) if applicable, a copy of an aircraft ground icing operations program, approved by the State of the operator or a copy of a program made in accordance with subsection 721.25(1) of these standards;

(j) if applicable, verification from the State of the operator that the pilot-in-command and flight crew operating into Canada and any individuals referred to in subsection 701.25(6) have received annual recurrent training concerning surface contamination in accordance with subsection 721.25(2) of these standards;

(k) where the foreign air operator desires a special flight operations specification in accordance with subparagraphs 701.08(g)(i), (ii), (iii), (iv), (v) and (vi) the operator must provide a copy of the equivalent operations specification(s) approved by the State of the operator; and

(l) any other document the Minister deems necessary in order to ensure that the intended operation will be conducted safely.

721.10 Application for Flight Authorization

The following information shall be provided in an application for flight authorization to conduct an overflight of Canada or operate in Canada or perform a technical stop in Canada:

(a) name of operator or person responsible for flight;

(b) type of aircraft and registration marks;

(c) date and time of arrival at, and departure from, the airport concerned;

(d) place or places of embarkation or disembarkation abroad, as the case may be, of passengers or freight;

(e) pu

rpose of flight and number of passengers and the nature and amount of freight;

(f) notification of dangerous goods and/or agricultural products; and

(g) name, address, telephone and telefax number and business of Charterer, if any;

(h) if applicable, in the case of foreign state aircraft, a copy of the equivalent operations specification(s) issued by the regulating authority, and

(i) any other document the Minister deems necessary to ensure that the intended operation will be conducted safely.

DIVISION III - FLIGHT OPERATIONS

721.18 Routes in Uncontrolled Airspace

The following standard shall be complied with by a foreign air operator who conducts a flight in uncontrolled airspace:

(1) the off-airway direct route or route segment may be used provided the flight planned route and means of navigation is acceptable to the Air Traffic Control Service concerned;

(2) all routes, route segments or airspace to be used shall be listed and available to each flight crew member and the person responsible for operational control of the flight and include the information on navigation aids, tracks, altitudes and distances for each route;

(3) the aircraft is equipped, dispatched and operated in accordance with the accepted procedures outlined in the Operations Manual;

(4) the approved navigation system(s) is (are) not to be used for navigation in terminal control areas or during instrument approach, unless specifically authorized to do so by the state of the operator; and

(5) the foreign air operator holds a valid authority from the State of the operator to conduct flights in uncontrolled airspace.

721.19 No Alternate Aerodrome - IFR Flight

Aeroplanes

The standard for a foreign air operator or foreign state aircraft multi-engine turbine powered aeroplanes to conduct a flight under IFR without naming an alternate aerodrome on the flight plan is:

(1) Area of Operations

(a) take-off aerodrome shall be:

(i) situated within the North American continent, the Caribbean Islands and Bermuda; and

(ii) not more than the hours of flight time (Scheduled) from the aerodrome of intended landing;

(b) aerodrome of intended landing authorized for no alternate IFR shall meet the requirements of Subsection (3);

(c) provided the requirements of Subsections (2), (3), (4), (5) and (6) are met, the pilot-in-command may refile "No Alternate IFR" on flights to a destination aerodrome in Canada, regardless of the location of the departure aerodrome, when within six hours of the scheduled destination aerodrome;

(2) Weather Requirements

For at least one (1) hour before and until one (1) hour after the estimated time of arrival at the aerodrome of intended landing, there shall be, in respect to that aerodrome:

(a) no risk of fog or other restriction to visibility, including precipitation, forecast or reported, below 3 miles;

(b) no risk of thunderstorms isolated or otherwise forecast or reported;

(c) a forecast ceiling of at least 1,000 feet above FAF altitude and a visibility of at least 3 miles or a ceiling of at least 1,500 feet above the MDA and a visibility of at least 6 miles; and

(d) no risk of freezing rain, freezing drizzle, or sleet forecast or reported;

(3) Aerodrome of Intended Landing - Requirements

(a) the aerodrome of intended landing shall be:

(i) equipped with at least two (2) separate runways each of which shall be operational and suitable for a safe landing for the aeroplane type, taking into consideration the approved operational limitations; and

NOTE: The reciprocal of one runway is not acceptable as the second runway.

(ii) equipped with emergency or standby electrical power supply in support of the main electrical power supply used to operate all equipment and facilities that are essential to the safe landing of the aeroplane, whether such landing be by day or by night.

(4) Fuel Requirements

The minimum fuel required for a no alternate IFR flight plan shall consist of:

(a) taxi fuel;

(b) fuel to destination;

(c) contingency fuel;

(d) holding reserve fuel; and

(e) fuel for flights in International and Northern Airspace shall be additional contingency fuel or enroute reserve fuel, whichever is the greater.

(5) Aerodrome Familiarization

Pilots shall be thoroughly familiar with all suitable diversionary aerodromes which are available (within the fuel and oil reserve carried) in respect of any flight operated on a "no alternate IFR" basis.

(6) Authority

This authority is contingent on holding a valid Civil Aviation authority from the State of the operator or in the case of a foreign state aircraft, the applicable authority, for conducting a flight under IFR without naming an alternate aerodrome on the flight plan.

Helicopters

The standard for a foreign air operator or foreign state operating the type(s) of helicopters defined in Sections 703.01 and 704.01 to conduct an IFR flight when an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary is:

(a) the company operations manual or in the case of a foreign state aircraft, the applicable manual, shall contain guidance on the execution of no alternate IFR flights;

(b) flight following personnel are to be aware that the flight is operating no alternate IFR and shall have current weather readily accessible for timely communication to the flight;

(c) pilots-in-command are to be familiar with diversionary aerodromes;

(d) the destination shall not be more than three (3) hours flight planned time from the departure point;

(e) terminal forecasts and weather reports shall be available for the destination which show that, for at least two hours before until two hours after the estimated time of arrival, there will be:

(i) no risk of fog, precipitation or other restriction to visibility below three (3) miles;

(ii) no risk of thunderstorms or freezing precipitation; and

(iii) a ceiling of at least 1000 feet and a visibility of at least three (3) miles.

(f) contingent on holding a valid Civil Aviation authority from the State of the operator or in the case of foreign state aircraft, the applicable authority, to conduct a flight with helicopters under IFR without naming an alternate aerodrome in the flight plan.

721.20 Take-off Minima Reported RVR 1,200 feet (1/4 mile) Visibility

The standard for a foreign air operator or a foreign state operating turbine-powered aeroplanes to take-off in IMC below the weather minima specified in the Canada Air Pilot or in an equivalent foreign publication is:

(a) the Company Operations Manual or in the case of a foreign state aircraft, the applicable manual, shall contain detailed guidance on how to determine departure one engine inoperative climb gradient and obstacle clearance;

(b) the runway is equipped with serviceable and functioning high intensity runway lights or runway centre line lights or with runway centre line markings that are plainly visible to the pilot throughout the take-off run;

(c) the pilot-in-command is satisfied that the required RVR 1,200 feet (1/4 mile) visibility exists for the runway to be used before commencing take-off;

(d) the pilot-in-command and second-in-command attitude instruments (artificial horizons) on the aeroplane shall incorporate pitch attitude index lines in appropriate increments above and below reference line to at least 15º, and be capable of ensuring ready depiction of total aeroplane attitude. The approved Failure Warning Systems which will immediately detect essential instrument and equipment failures or malfunctions shall be operative; and

(e) contingent on holding a valid Civil Aviation authority from the State of the operator or in the case of a foreign state aircraft, the applicable authority, for operation of a turbine-powered aeroplane in IMC below the weather minima specified in the Canada Air Pilot or an equivalent foreign publication.

Aeroplanes

Take-off Minima Reported RVR 600 feet

(1) The Company Operations Manual or in the case of a foreign state aircraft, the applicable manual, shall contain detailed guidance on how to determine departure one engine inoperative climb gradient and obstacle clearance;

(2) The runway has the following equipment:

(a) serviceable and functioning high intensity runway lights, runway centre line lights and centre line markings that are plainly visible to the pilot throughout the take-off run;

(b) at least two transmissometers, one situated at the approach end and one at the mid-point of the runway, each reading not less than RVR 600 feet; and

(c) if three transmissometers are available and the mid-point transmissometer is unserviceable, take-off is authorized provided the transmissometers at the approach end and the departure end of the runway, each is reading not less than RVR 600 feet;

(3) The pilot-in-command is satisfied that the required RVR 600 feet visibility exists for the runway to be used before commencing take-off;

(4) The pilot-in-command and second-in-command attitude instruments (artificial horizons) on the aeroplane shall incorporate pitch attitude index lines in appropriate increments above and below the zero pitch reference line to at least 15º, and be capable of ensuring ready depiction of total aeroplane attitude. The approved Failure Warning Systems which will immediately detect essential instrument and equipment failures or malfunctions shall be operative;

(5) Contingent on holding a valid Civil Aviation authority from the State of the operator or in the case of a foreign state aircraft, the appropriate authority for operation of a turbine-powered aeroplane in IMC below the weather minima specified in the Canada Air Pilot or an equivalent foreign publication.

Helicopters

Take-off Minima Reported RVR 600 feet

(1) The company operations manual or in the case of a foreign state aircraft, the applicable manual, shall contain detailed guidance on how to determine departure one engine inoperative climb gradient and obstacle clearance.

(2) The take-off runway is equipped with:

(i) serviceable and functioning high intensity runway lights, runway centre line lights and centre line markings that are plainly visible to the pilot throughout the take-off;

(ii) at least one transmissiometer, situated at either the approach end or mid point of the take-off runway with a reading of not less than RVR 600 feet.

(3) The pilot-in-command is satisfied that the required RVR 600 feet visibility exists for the take-off runway and visual reference to the runway can be maintained at least until Vtoss (take-off safety speed) and Vmini (instrument flight minimum speed) have been attained.

(4) The pilot-in-command and second-in-command attitude (artificial horizons) instruments incorporate pitch attitude index lines in appropriate increments above and below the zero pitch reference to at least 15 degrees and incorporate operative failure warning systems which will immediately detect essential instrument malfunction or failure.

(5) Contingent on holding a valid Civil Aviation authority from the State of the operator or in the case of a foreign state aircraft, the applicable authority for operation of a helicopter in IMC below the weather minima specified in the Canada Air Pilot or an equivalent foreign publication.

721.22 Transport of Passengers in Single-Engined Aircraft in IFR Flight or in Night VFR Flight

The standard for a foreign air operator operating aircraft for the transport of passengers in a single-engined aeroplane under IFR, or VFR at night is:

(1) General

(a) only factory built, turbine-powered aeroplanes are permitted;

(b) the turbine-engine of the aeroplane type must have a proven Mean Time Between Failure (MTBF) of .01/1000 or less established over 100,000 hours in service;

(c) no flight may include sectors over Designated Mountainous Regions 1 or 5 as defined in the Designated Airspace Handbook (TP 1820).

(2) Aeroplane Equipment Requirements

(a) two attitude indicators which are powered separately and independently from each other;

(b) two independent power generating sources, either of which is capable of sustaining essential flight instruments and electrical equipment;

(c) an auto-ignition system, or alternatively, the company operations manual must specify that continuous ignition must be selected "ON" for take-off, landing and flight in heavy precipitation;

(d) a chip detector system to warn the pilot of excessive ferrous material in the engine lubrication system;

(e) a radar altimeter;

(f) a manual throttle which bypasses the governing section of the fuel control unit and permits continued unrestricted operation of the engine in the event of a fuel control unit failure.

(3) Contingent on holding a valid Civil Aviation authority from the State of the operator for operation of single-engined aircraft in IFR flight or in night VFR flight with passengers.

DIVISION IV - GROUND DE-ICING/ANTI-ICING

721.25 Ground Icing Operations Standard/Annual Surface Contamination Training

(1) Ground icing operations program shall be made in accordance with the Ground Icing Operations Standards.

(2) A foreign air operator shall establish and maintain a training program concerning the adverse effects of surface contamination in accordance with subsection 725.124(23) of the Commercial Air Service Standards.