Canadian Aviation Regulations (SOR/96-433)

General Conditions of Air Operator Certificate

705.09 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.

[705.10 to 705.15 reserved]

Division III — Flight Operations

Exceptions

• 705.16 (1) Sections 705.40, 705.43, 705.75, 705.77 to 705.79, 705.139 and 705.201 do not apply if nine or fewer persons are on board an aircraft and each person is

  • (a) an employee of the air operator;

  • (b) a person whose presence on board the aircraft is necessary for

    • (i) the safety of the flight,

    • (ii) the safe handling of animals,

    • (iii) the safe handling of dangerous goods,

    • (iv) the security of valuable or confidential cargo,

    • (v) the preservation of fragile or perishable cargo, or

    • (vi) the handling of cargo;

  • (c) a person described in paragraph (b) who is travelling to or from an assignment;

  • (d) an owner or shipper of animals; or

  • (e) a dependant of an employee of the air operator.

• (2) Any person referred to in subsection (1) may be carried on board an aircraft for which the type certificate does not authorize the transport of passengers.

• (3) No air operator shall operate an aircraft with a person referred to in subsection (1) on board unless

  • (a) the air operator has established procedures for the transport of that person;

  • (b) the person has unobstructed access from the person’s seat to the flight deck, to an exit or to an emergency exit;

  • (c) the person is provided with a means of two-way communication with the flight crew members;

  • (d) the pilot-in-command has a means of notifying the person when safety belts must be fastened; and

  • (e) the air operator ensures that, before every take-off, the person is given a briefing by a crew member in accordance with the Commercial Air Service Standards.

Operating Instructions

• 705.17 (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.

General Operational Information

705.18 Every air operator shall establish a system for the timely dissemination of general operational information that includes a means for each crew member and each flight dispatcher to acknowledge receipt of that information.

Scheduled Air Service Requirements

• 705.19 (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 or between two aerodromes if the air operator is authorized to do so in its air operator certificate.

Operational Control System

705.20 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

705.21 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

• 705.22 (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.

• (1.1) An air operator shall specify in its company operations manual

  • (a) the period for which the operational flight plan referred to in subsection (3) shall be kept;

  • (b) the method of recording the formal approval of the plan by the flight dispatcher; and

  • (c) the method of recording the formal approval of the plan by the pilot-in-command.

• (2) The pilot-in-command of an aircraft shall ensure that one copy of the operational flight plan is left at a point of departure, in accordance with the procedures specified in the company operations manual, and that another copy is carried on board the aircraft until the aircraft reaches the final destination of the flight.

• (3) An air operator shall keep a copy of the operational flight plan, including any amendments to the plan, for not less than 90 days.

Maintenance of Aircraft

705.23 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.

Checklist

• 705.24 (1) Every air operator shall establish the checklist referred to in paragraph 602.60(1)(a) for each aircraft type that it operates and shall make the appropriate parts of the checklist readily available to the crew members.

• (2) Every crew member shall follow the checklist referred to in subsection (1) in the performance of the crew member’s assigned duties.

Fuel Requirements

• 705.25 (1) Subject to subsection (2), no air operator shall authorize a flight and no person shall commence a flight unless the aircraft

  • (a) when operating in VFR flight, carries sufficient fuel to fly to the destination aerodrome and thereafter to fly for 45 minutes at normal cruising speed;

  • (b) when operating in IFR flight on designated routes or over designated areas as defined in the Commercial Air Service Standards, carries an enroute fuel reserve of five per cent of the fuel required to fly to the destination aerodrome; and

  • (c) when operating in IFR flight, except when complying with the Safety Criteria for Approval of Extended Range Twin-engine Operations (ETOPS) Manual, carries sufficient fuel to allow the aircraft

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

      • (A) the one-engine-inoperative service ceiling, or

      • (B) 10,000 feet ASL,

    • (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).

• (2) An air operator may be authorized in an air operator certificate to reduce the enroute fuel reserve required by paragraph (1)(b) where the air operator complies with the Commercial Air Service Standards.

Extended Range Twin-engined Operations

• 705.26 (1) Subject to subsection (2), no air operator shall operate a twin-engined aeroplane on a route containing a point that is farther from an adequate aerodrome than the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed, unless the flight is conducted wholly within Canadian Domestic Airspace.

• (2) An air operator may operate an aeroplane on a route referred to in subsection (1) where

  • (a) the aeroplane is turbine-powered;

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

  • (c) the air operator complies with the Safety Criteria for Approval of Extended Range Twin-engine Operations (ETOPS) Manual.

Admission to Flight Deck

• 705.27 (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 flight deck of the aircraft.

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

• (3) An air operator shall ensure that only the following persons are admitted to the flight deck of an aircraft:

  • (a) a crew member;

  • (b) an inspector referred to in subsection (1); and

  • (c) a person authorized by the air operator under subsection (4).

• (4) An air operator shall not authorize a person referred to in column I of the table to this section to access the flight deck of an aircraft operating in domestic service unless the access would not have an adverse effect on aviation safety and the air operator has verified

  • (a) that the person is a person referred to in column I of the table and is employed by an employer referred to in column II of the table; and

  • (b) the identity of the person by examining the document referred to in column III of the table and one of the documents referred to in column IV of the table.

• (5) An air operator that authorizes access to the flight deck of an aircraft shall keep a record of the following information for two years after the day on which access is authorized:

  • (a) the name of the authorized person;

  • (b) the name of their employer; and

  • (c) the date of the flight and flight number.

• (6) Before each flight, an air operator shall notify the pilot-in-command of the identity of the persons who the operator has authorized to access the flight deck of an aircraft.

• (7) Before admitting a person authorized under subsection (4) to the flight deck of an aircraft, the pilot-in-command shall verify the identity of the person by means of the documents referred to in paragraph 4(b).

• (8) A person authorized under subsection (4) who is admitted to the flight deck of an aircraft may only occupy an observer seat.

• (9) The pilot-in-command may refuse access to the flight deck of an aircraft if they are of the opinion that there would be an adverse effect on aviation safety.

• (10) The air operator shall set out, in its company operations manual, procedures respecting

  • (a) the granting of authorization to access the flight deck;

  • (b) the verification required under subsection (4); and

  • (c) the notice to be provided to the pilot-in-command under subsection (6).

  	Column I	Column II	Column III	Column IV
  Item	Person	Employer	Mandatory Identification Documents	Other Identification Documents
  1	Canadian pilot travelling for positioning or personal reasons	Canadian air operator	Valid restricted area identity card	One of the following valid documents: (a) Passport; (b) Airline transport, commercial or multi-crew pilot licence with a valid medical certificate; or (c) Photo identification issued by the employer
  2	Foreign pilot travelling for positioning or for personal reasons	Foreign wholly owned subsidiary or code share partner of the air operator	Valid piece of photo identification issued by the employer	One of the following valid documents: (a) Passport; (b) Airline transport, commercial or multi-crew pilot licence with a valid Category 1 medical certificate; or (c) Piece of photo identification issued by the foreign government
  3	Flight attendant, flight engineer or a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the air operator	(a) Canadian air operator; (b) Foreign wholly owned subsidiary or code share partner of the air operator; or (c) Person providing a service to the air operator	Valid piece of photo identification issued by the employer	One of the following valid documents: (a) Passport; (b) Restricted area identity card; (c) Flight engineer licence with a valid Category 1 or 2 medical certificate; or (d) Piece of photo identification issued by the foreign state, if the employer is a foreign wholly owned subsidiary or code share partner
  4	Air operator employee	Air operator that authorized the access to the flight deck	Valid piece of photo identification issued by the employer	One of the following valid documents: (a) Passport; or (b) Restricted area identity card