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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2025-06-25 and last amended on 2025-04-01. Previous Versions

Part VIII — Air Navigation Services (continued)

[
  • SOR/2025-98, s. 28(F)
]

Subpart 5 — Safety Management System (continued)

Quality Assurance Program

  •  (1) The quality assurance program required under paragraph 107.03(g) in respect of an applicant for, or a holder of, an ATS operations certificate shall include a process for quality assurance that includes periodic reviews or audits of the activities authorized under a certificate and reviews or audits, for cause, of those activities.

  • (2) The holder of an ATS operations certificate shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action.

  • (3) The holder of an ATS operations certificate shall establish an audit system in respect of the quality assurance program that consists of the following:

    • (a) an initial audit conducted within 12 months after the day on which the ATS operations certificate is issued;

    • (b) an audit of the entire quality assurance program carried out every three years, calculated

      • (i) in the case of an ATS operations certificate issued before January 1, 2008, from that date, and

      • (ii) in the case of an ATS operations certificate issued on or after January 1, 2008, from the date of the initial audit;

    • (c) checklists of all activities carried out under the certificate;

    • (d) a record of each occurrence of compliance or non-compliance with the manual or any other document established under subsection 805.02(2) that is found during an audit referred to in paragraph (a) or (b);

    • (e) procedures for ensuring that each finding of an audit is communicated to the accountable executive;

    • (f) follow-up procedures for ensuring that corrective actions are effective; and

    • (g) a system for recording the findings of an audit referred to in paragraph (a) or (b), corrective actions and follow-ups.

  • (4) The audit referred to in paragraph (3)(b) shall be carried out in one of the following ways:

    • (a) as a complete audit, or

    • (b) as a series of audits conducted at intervals determined by the holder of the ATS operations certificate and set out in the manual or document established under subsection 805.02(2).

  • (5) The records resulting from a system required under paragraph (3)(g) shall be retained for the greater of

    • (a) two audit cycles, and

    • (b) two years.

  • (6) The duties related to the quality assurance program that involve specific tasks or activities among the activities of an ATS operations certificate holder shall be fulfilled by persons who are not responsible for carrying out those tasks or activities unless

    • (a) the size, nature and complexity of the operations and activities authorized under the ATS operations certificate justify the fulfilling of those duties by the person responsible for carrying out those tasks or activities;

    • (b) the holder of the ATS operations certificate demonstrates to the Minister by means of a risk analysis, that the fulfilling of those duties by the person responsible for carrying out those tasks or activities will not result in an unacceptable risk to aviation safety; and

    • (c) the holder of the ATS operations certificate provides the Minister, in writing, with the information required under paragraphs (a) and (b).

Duties of the Certificate Holder

 The holder of an ATS operations certificate shall ensure that

  • (a) corrective actions are taken in respect of any findings resulting from the safety management system referred to in section 805.01; and

  • (b) the accountable executive performs the duties prescribed in section 805.05.

  • SOR/2007-290, s. 13

Management of the Safety Management System

  •  (1) The accountable executive shall

    • (a) implement a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety;

    • (b) identify hazards and carry out risk management analyses of those hazards;

    • (c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system;

    • (d) implement a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents;

    • (e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents;

    • (f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the holder of the ATS operations certificate; and

    • (g) determine the adequacy of the training required by paragraph 805.02(1)(f).

  • (2) The accountable executive shall, if a finding resulting from a quality assurance program referred to in subsection 805.03(1) or a safety management system referred to in section 805.01 is reported to them,

    • (a) determine what, if any, corrective actions are required and carry out those actions;

    • (b) keep a record of any determination made under paragraph (a) and the reason for it;

    • (c) if management functions have been assigned to another person under subsection (3), communicate any determination regarding a corrective action to that person; and

    • (d) notify the certificate holder of any systemic deficiency and of the corrective action taken.

  • (3) The accountable executive may assign the management functions of the safety management system referred to in section 805.01 to another person if the assignment and its scope are described in the manual or document referred to in subsection 805.02(2).

  • (4) The person to whom management functions have been assigned under subsection (3) shall notify the accountable executive of any systemic deficiency and of the corrective action taken.

  • (5) The responsibility and accountability of the accountable executive are not affected by the assignment of management functions to another person under subsection (3).

Subpart 6 — Levels of Service

Interpretation

 In this Subpart,

aeronautical study

aeronautical study means a study designed to identify the risks to aviation safety attendant upon a particular course of action and to determine how to eliminate or reduce those risks; (étude aéronautique)

level of service

level of service means the type or nature of civil air navigation services provided to support safe and efficient aircraft operations, and includes the times at which the services are provided. (niveau de service)

Maintenance of Level of Service

  •  (1) Every person who provides a civil air navigation service shall, where the person proposes to terminate the service or to reduce the level of service that is provided, notify the Minister

    • (a) in the case of a proposal to terminate the service or to materially reduce the level of service, at least 60 days before the termination or reduction; and

    • (b) in all other cases, as far in advance of the reduction as reasonably practicable.

  • (2) On receipt of a notice referred to in subsection (1) from the ANS Corporation, the Minister may request the ANS Corporation to conduct an aeronautical study for the purpose of demonstrating that the risk to aviation safety would not be unacceptably increased by the proposed termination or reduction in the level of service.

  • (3) Where the Minister requests the ANS Corporation to conduct an aeronautical study pursuant to subsection (2), the ANS Corporation shall not implement the proposed termination or reduction in the level of service until the Minister has been provided with a copy of the study and has had a reasonable opportunity to review it.

  • (4) Where, after reviewing an aeronautical study conducted pursuant to subsection (2), the Minister is of the opinion that an unacceptable risk to aviation safety would result from the proposed termination or reduction in the level of service, the Minister may, by order, direct the ANS Corporation to maintain its level of service in accordance with the terms and conditions specified in the order.

Increase in Level of Service

 Where, after conducting an aeronautical study or reviewing an aeronautical study conducted by another person or organization, the Minister is of the opinion that the level of service provided by the ANS Corporation should be increased in the interests of aviation safety, the Minister may, by order, direct the ANS Corporation to increase its level of service in accordance with the terms and conditions specified in the order.

[806.04 to 806.08 reserved]

Subpart 7 — Aviation Occurrences

Reporting of Aviation Occurrences

 The holder of an ATS operations certificate shall report to the Minister any aviation occurrence information specified in the CADORS Manual in accordance with the criteria and reporting procedures specified in that manual.

[807.02 to 807.06 reserved]

Part IX — Remotely Piloted Aircraft Systems

Division I — General Provisions

Interpretation

 The following definitions apply in this Part.

advertised event

advertised event means an outdoor event that is advertised to the general public, including a concert, festival, market or sporting event. (événement annoncé)

autonomous

autonomous[Repealed, SOR/2025-70, s. 43]

BVLOS

BVLOS means beyond visual line-of-sight. (BVLOS)

BVLOS operation

BVLOS operation means an operation of a remotely piloted aircraft that is not in visual line-of-sight, but does not include an extended VLOS operation or a sheltered operation. (opération en BVLOS)

command and control link

command and control link[Repealed, SOR/2025-70, s. 43]

contingency procedures

contingency procedures means the procedures to be followed to address conditions that could lead to an unsafe situation. (procédure de contingence)

contingency volume

contingency volume means the area immediately surrounding the flight geography within which contingency procedures are intended to be used to return a remotely piloted aircraft to the flight geography or safely terminate the flight. (volume de contingence)

control station

control station[Repealed, SOR/2025-70, s. 43]

detect and avoid functions

detect and avoid functions[Repealed, SOR/2025-70, s. 43]

extended VLOS operation

extended VLOS operation means an operation of a remotely piloted aircraft that is not in visual line-of-sight but during which unaided visual contact is maintained with the airspace in which the aircraft is operating in a manner sufficient to detect conflicting air traffic and other hazards and take action to avoid them. (opération en VLOS prolongée)

first-person view device

first-person view device[Repealed, SOR/2025-70, s. 43]

flight geography

flight geography means the area within which a remotely piloted aircraft is intended to fly for a specific operation. (géographie de vol)

flight termination system

flight termination system[Repealed, SOR/2025-70, s. 43]

fly-away

fly-away means, in respect of a remotely piloted aircraft, an interruption or loss of the command and control link such that the pilot is no longer able to control the aircraft and the aircraft no longer follows its preprogrammed procedures or operates in a predictable or planned manner. (dérive)

ground risk buffer

ground risk buffer means the area immediately surrounding the contingency volume that, when measured horizontally from the perimeter of the contingency volume, is at least equal to the planned maximum altitude of the remotely piloted aircraft for the flight. (tampon de risque au sol)

mandatory action

mandatory action means the inspection, repair or modification of a remotely piloted aircraft system that is necessary to prevent an unsafe or potentially unsafe condition. (mesure obligatoire)

medium remotely piloted aircraft

medium remotely piloted aircraft means a remotely piloted aircraft that has an operating weight of more than 25 kg (55 pounds) but not more than 150 kg (331 pounds). (aéronef télépiloté moyen)

operating weight

operating weight means the weight of a remotely piloted aircraft at any point during a flight, including any payload and any safety equipment that is on board or otherwise connected to the aircraft. (masse opérationnelle)

operational volume

operational volume means the area that is composed of the flight geography, contingency volume and ground risk buffer. (volume opérationnel)

payload

payload means a system, object or collection of objects, including a slung load, that is on board or is otherwise connected to a remotely piloted aircraft but that is not required for flight. (charge utile)

populated area

populated area means an area with more than five people per square kilometre. (zone peuplée)

RPAS ground school instruction

RPAS ground school instruction means instructor-led training given to one or more persons, delivered in-person or virtually, and provided through an organized program of lectures, homework or self-paced study. (instruction théorique au sol pour les SATP)

RPAS operations manual

RPAS operations manual means the manual established by an RPAS operator under section 901.217. (manuel d’exploitation de SATP)

RPAS operator

RPAS operator means the holder of an RPAS operator certificate. (exploitant de SATP)

RPAS operator certificate

RPAS operator certificate means a certificate issued under section 901.214. (certificat d’exploitation de SATP)

sheltered operation

sheltered operation means an operation of a remotely piloted aircraft that is not in visual line-of-sight and during which the aircraft remains at a distance of less than 200 feet (61 m), measured horizontally, from a building or structure and at an altitude no greater than 100 feet (30 m) above that building or structure. (opération protégée)

small remotely piloted aircraft

small remotely piloted aircraft means a remotely piloted aircraft that has an operating weight of at least 250 g (0.55 pounds) but not more than 25 kg (55 pounds). (petit aéronef télépiloté)

sparsely populated area

sparsely populated area means an area with more than 5 but not more than 25 people per square kilometre. (zone peu densément peuplée)

Standard 922

Standard 922 means Standard 922 — RPAS Safety Assurance, published by the Department of Transport. (norme 922)

visual line-of-sight

visual line-of-sight or VLOS means unaided visual contact maintained with a remotely piloted aircraft in a manner sufficient to maintain control of the aircraft, know its location and scan the airspace in which it is operating in order to detect conflicting air traffic and other hazards and take action to avoid them. (visibilité directe ou VLOS)

visual observer

visual observer means a crew member who is trained to assist the pilot in ensuring the safe conduct of a flight. (observateur visuel)

VLOS operation

VLOS operation means an operation of a remotely piloted aircraft in visual line-of-sight. (opération en VLOS)

Water Aerodrome Supplement

Water Aerodrome Supplement has the same meaning as in section 300.01. (Supplément hydroaérodromes)

 

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