Canadian Aviation Regulations (SOR/96-433)

Unforeseen Operational Circumstances

702.94 The total flight time referred to in subsection 702.92(1) and the maximum flight duty period referred to in subsection 702.93(1) may be exceeded if

• (a) the flight is extended as a result of an unforeseen operational circumstance that occurs after the beginning of the flight duty period;

• (b) the pilot-in-command, after consulting with the other flight crew members, considers it safe to exceed the total flight time and maximum flight duty period; and

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

Delayed Reporting Time

702.95 If a flight crew member is notified of a delay in reporting time before leaving a rest facility and the delay is in excess of three hours, the member’s flight duty period is considered to have begun three hours after the original reporting time.

Time Free from Duty

• 702.96 (1) An air operator shall provide each flight crew member with the following time free from duty:

  • (a) at least 24 consecutive hours 13 times within any 90 consecutive days and 3 times within any 30 consecutive days; and

  • (b) when the member is a flight crew member on call, at least 36 consecutive hours within any 7 consecutive days or at least 3 consecutive days within any 17 consecutive days.

• (2) However, an air operator may provide a flight crew member with time free from duty other than as required by paragraph (1)(a) if

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

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

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

Flight Crew Member Positioning

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

Long-range Flights

• 702.98 (1) A flight duty period during which there is one flight or a series of flights and that ends more than four one-hour time zones from the point of departure, other than a series of flights that is conducted entirely within Northern Domestic Airspace, shall be limited to three flights, in the case of a series of fights, and shall be followed by a rest period that is at least equal to the length of the flight duty period.

• (2) If a flight referred to in subsection (1) is a transoceanic flight, the maximum number of flights that may be conducted after the transoceanic flight is one, excluding one unscheduled technical stop that occurs during the flight.

Subpart 3 — Air Taxi Operations

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

• (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

• (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,

  • (ix.1) navigation system authorizations, 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

  • (i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point, or its managerial personnel, or

  • (ii) ceasing to operate a type of aircraft authorized under this Subpart; and

• (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.

• (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.