Division II - Certification

RS 743.07 Application for an Air Operator Certificate (AOC)

All air operators are required to demonstrate to Transport Canada that they are adequately equipped for the proposed operation and that they have the ability to operate safely, properly and in accordance with prescribed standards and procedures.

An applicant for an Air Operator Certificate AOC should request from Transport Canada the documents "Canadian Commercial Air Services Certification Requirements" and "Starting a Commercial Air Service". These documents provide advice on what matters should be considered when planning a proposed air service and they set out the basic requirements of Transport Canada. These documents may be requested from the appropriate Regional Director, Air Carrier. The certification process is initiated by completing and submitting a Statement of Intent form (#25-0380) to Transport Canada. Certification involves a comprehensive Transport Canada program of inspection which can take approximately 60 days from the time of making formal application. A formal application is considered to have been made when all documentation is complete, accurate and has been submitted to Transport Canada.

Applicants for an AOC must also apply for a licence from the National Transportation Agency (NTA).

Amendments to the AOC shall be applied for through the Regional Director, Air Carrier. Information on the various required forms is contained in the Air Carrier Certification Manual (TP4711). This is an internal manual that is referred to by air carrier inspectors, however, it is available on request.

R743.07(2)(b)(i) Qualifications and Responsibilities of the Operations Manager

An air operator must designate a person and position whose responsibilities and functional duties encompass those that are set out in Standard 723.07. The air operator may use a different title for this position, however it shall be identified for Transport Canada purposes as an Operations Manager. An organization may have one individual filling the roles of Operations Manager and Chief Pilot as long as all required duties and responsibilities for both positions are assumed by the designated individual.

A sample of some of the questions asked of a potential Operations Manager or Chief Pilot may be found in Appendix A to this document.

R743.07(2)(b)(ii) Qualifications and Responsibilities of the Chief Pilot

An air operator must designate a person and position whose responsibilities and functional duties encompass those that are set out in Standard 723.07. The air operator may use a different title for this position, however it shall be identified for Transport Canada purposes as a Chief Pilot. An organization may have more than one Chief Pilot if desired, as long as all required duties and responsibilities are assumed by each designated individual. If more than one Chief Pilot is identified, there must be a clear delineation of responsibility (i.e. individual Chief Pilots may be responsible for specific geographic regions, aircraft types etc).

A sample of some of the questions asked of a potential Operations Manager or Chief Pilot may be found in Appendix A to this document.

When assessing a candidate's experience for the Chief Pilot position, Transport Canada will normally expect that "1 year experience within the preceding 3 years as pilot-in-command of an air taxi aeroplane" will result in the individual having obtained between 500 to 800 hours of pilot-in-command experience on aircraft similar to those to be operated.

S743.07(2a,2b) Absence from Duty, Operations Manager, Chief Pilot

There must be some mechanism to allow delegation of authority for the position when the Operations Manager or Chief Pilot is unable to exercise their authority for either the short or long term. The individual assuming the duty must be competent and capable of carrying out the responsibilities assigned to the position.

The intent is to ensure that a capable person is in charge at any time that flight operations are being conducted. The Operations Manager or Chief Pilot need not be physically present at the company but must be able to fully exercise their authority as required.

When the Operations Manager or Chief Pilot are unable to exercise their full authority over flight operations, another individual qualified in accordance with the standards must be available to do so on their behalf.

R743.07 Recovery of Costs for Providing Regulatory Services

Outside Canada

  1. General

    This section provides direction to air operators, Transport Canada managers and inspectors for recovering the costs of performing evaluations and inspections outside Canada.

  2. Procedure
    1. Each air operator requiring a regulatory approval will be required to sign an agreement with the Crown, accepting liability for:
      • air and ground transportation;
      • accommodation;
      • meals and incidental expenses; and
      • overtime worked on weekends and statutory holidays except when the overtime requirement is beyond the control of the air operator.
      • Overtime costs incurred during weekdays and under exceptional circumstances (e.g., work scheduled during normal working days, but for reasons beyond the control of the air operator, was not completed on schedule) will be covered by Transport Canada.

    2. Travel and accommodation costs shall be in accordance with Treasury Board Travel Directives. In instances where the air operator provides these directly, it is imperative that managers ensure that they are not in excess of the Travel Directives.
    3. It is essential that there is no real or perceived conflict of interest. TC Responsibility Centre Managers are authorized to sign the Agreement for Provision of Regulatory Services outside Canada for the Minister of Transport.

    4. The administrative procedures have been distributed by the Director, Program Planning and Resource Management (AARA) to respective regional administration officers. They include an Aviation Regulation Confirmation of Inspection Request. This form will be completed by the Responsibility Centre Manager, or others whom they may authorize, and forwarded to the air operator as soon as practicable after a request for a regulatory evaluation or inspection outside Canada is received. This form, once completed, becomes a work order and constitutes the controlling document for subsequent billing.
    5. The air operator should not be billed for costs in excess of the estimated costs unless agreement to amend the estimate has been reached.

    6. RDACs should develop agreements with air operators who require out-of-country services as soon as practicable.
  3. Types of Evaluation and Inspection

    There are several types of evaluation and inspection that may be conducted outside Canada as a prerequisite for an air operator requiring a regulatory approval. Those involving ACIs Include:

    1. evaluation of simulators and training facilities and courses conducted abroad, as a basis for licensing and certification approvals;
    2. air crew flight tests, as a basis for issuing or maintaining licences, e.g., pilot proficiency checks and instrument flight tests, or for exercising delegated authority, e.g., CCPs;
    3. in-flight inspections of on-board navigation systems required for approval of new routes; and
    4. audits, when required.

Domestic Cost Recovery

Regions may occasionally receive requests to provide regulatory services beyond normal working hours or outside of published operational plans. If the cost of providing such services exceeds budgeted resources, RDACs may negotiate the recovery of travel costs and overtime with the air operator.

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