Canadian Aviation Regulations (SOR/96-433)

Maintenance Arrangements

• 706.09 (1) No air operator shall permit a person or organization to perform maintenance on the air operator’s aircraft unless the person or organization has adequate facilities, equipment, spare parts and personnel available at the site where the maintenance is to be performed and

  • (a) the person or organization holds an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 with a rating in a category applicable to the maintenance to be performed;

  • (b) where the maintenance is to be performed outside Canada by a person or organization that does not hold an AMO certificate issued pursuant to section 573.02, the person or organization has been approved under the laws of a state that is party to an agreement with Canada that provides for recognition of the work performed; or

  • (c) in cases other than those described in paragraphs (a) and (b), the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations.

• (2) An air operator shall ensure that a maintenance arrangement made with a person or organization pursuant to subsection (1)

  • (a) specifies the maintenance required and clearly defines the tasks to be performed; and

  • (b) is made in accordance with the procedures governing maintenance arrangements included in the MCM or is approved by the Minister as being in conformity with these Regulations.

• (3) Where an air operator makes a maintenance arrangement to have maintenance performed outside Canada by a person or organization that does not hold an AMO certificate issued pursuant to section 573.02, the Minister shall, in the following cases, authorize the arrangement by issuing a maintenance specification to indicate that the maintenance control procedures set out in the arrangement conform to the Commercial Air Service Standards:

  • (a) the maintenance is performed by a person or organization that has been approved in accordance with paragraph (1)(b) and the issuance of a maintenance specification is either required by the agreement or requested by the foreign state; or

  • (b) the maintenance is performed in a state that is not party to an agreement with Canada that provides for recognition of the work performed.

• (4) An air operator shall ensure the completion of all of the tasks defined in a maintenance arrangement in accordance with subsection (2).

Elementary Work

706.10 No air operator shall authorize a person to perform, without supervision, a task that is elementary work set out in the Aircraft Equipment and Maintenance Standards unless the person

• (a) has satisfactorily completed training for the task under a training program required by section 706.12; and

• (b) has previously performed that task under the direct supervision of the holder of an aircraft maintenance engineer (AME) licence or a training organization approved pursuant to Subpart 3 of Part IV.

Servicing

706.11 An air operator shall ensure that each person who performs or requests the performance of servicing has satisfactorily completed training, under a training program required by section 706.12, for the servicing to be performed.

Training Program

706.12 An air operator shall implement a training program to ensure that persons who are authorized to perform a function under this Subpart are trained in respect of the regulations, standards and air operator procedures applicable to that function, as specified in the Commercial Air Service Standards.

Personnel Records

• 706.13 (1) An air operator shall establish, maintain and retain for at least two years after an entry is made, for each affected person, a record of

  • (a) all personal qualifications in respect of any appointment made pursuant to section 706.03;

  • (b) any authorization to perform elementary work given in accordance with section 706.10 and incorporated in the maintenance control manual (MCM) in accordance with the Commercial Air Service Standards; and

  • (c) all training conducted pursuant to section 706.12.

• (2) The air operator shall provide a copy of each record required by subsection (1) to the person to whom the record refers on the completion of any training or the giving of an authorization referred to in paragraph (1)(b).

Service Difficulty Reporting

706.14 The holder of an air operator certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates.

Safety Management System

706.15 The holder of an air operator certificate issued under section 705.07 shall, for all maintenance control activities performed under this Subpart, adhere to the requirements set out in section 705.151 or 705.154 with respect to a safety management system.

Part VIII — Air Navigation Services

Interpretation

• 800.01 (1) In this Part,

  air traffic control unit

  air traffic control unit[Repealed, SOR/2002-352, s. 4]

  air traffic services

  air traffic services or ATS includes air traffic control services, air traffic advisory services and flight information services; (services de la circulation aérienne ou ATS)

  ATS operations certificate

  ATS operations certificate[Repealed, SOR/2007-290, s. 11]

  emergency assistance services

  emergency assistance services means services provided for the purpose of

  • (a) assisting aircraft in a state of emergency, including aircraft in the uncertainty, alert and distress phases,

  • (b) assisting aircraft involved in a hijacking, or

  • (c) alerting rescue coordination agencies of missing or overdue aircraft; (services d’urgence)

  flight information services

  flight information services[Repealed, SOR/2002-352, s. 4]

  operational location

  operational location means the physical location of an operational air traffic control unit or flight service station. (emplacement opérationnel)

• (2) Any reference in this Part to an annex to the Convention includes the differences notified to ICAO by the Government of Canada in respect of the standards specified in that annex.

Application

800.02 This Part does not apply in respect of any air navigation services that are provided by or under the authority of the Minister of National Defence.

[800.03 to 800.08 reserved]

Subpart 1 — Air Traffic Services

General

• 801.01 (1) No person shall act as an air traffic controller or a flight service specialist

  • (a) within eight hours after consuming alcohol;

  • (b) while under the influence of alcohol; or

  • (c) while under the influence of any drug or other substance that impairs the person’s faculties to the extent that aviation safety is affected.

• (2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except

  • (a) in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and

  • (b) in the case of international airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air navigation services, in accordance with the standards contained in Chapter 3 of Annex 11 to the Convention.

Services to Be Provided in Class A, B, C, D and E Airspace

• 801.02 (1) Where air traffic control services are provided to aircraft operating in Class A or Class B airspace, the services shall include separation between aircraft.

• (2) Where air traffic control services are provided to aircraft operating in Class C airspace, the services shall include

  • (a) conflict resolution between IFR aircraft and VFR aircraft;

  • (b) conflict resolution between VFR aircraft on request;

  • (c) traffic information; and

  • (d) separation between IFR aircraft and between all aircraft during runway operations.

• (3) Where air traffic control services are provided to aircraft operating in Class D airspace, the services shall include

  • (a) traffic information; and

  • (b) separation between IFR aircraft, and between all aircraft during runway operations.

• (4) Where air traffic control services are provided to aircraft operating in Class E airspace, the services shall include separation between IFR aircraft.

Requirement for ATS Operations Certificate

801.03 No person shall operate an air traffic control unit or a flight service station unless the person holds and complies with the provisions of an ATS operations certificate that authorizes the person to operate the air traffic control unit or flight service station.

Application for ATS Operations Certificate

801.04 An applicant for an ATS operations certificate shall submit to the Minister

• (a) an application for an ATS operations certificate; and

• (b) a copy of the proposed ATS site manual for each operational location to be listed on the certificate.

Issuance of ATS Operations Certificate

• 801.05 (1) Subject to section 6.71 of the Act, the Minister shall issue an ATS operations certificate to an applicant, authorizing the applicant to operate an air traffic control unit or a flight service station, if

  • (a) the applicant demonstrates that

    • (i) it has personnel who are qualified to provide an air traffic service at the operational location of the air traffic control unit or flight service station, and

    • (ii) the air traffic control unit or flight service station will be operated in a manner that provides for safe aircraft operations; and

  • (b) an ATS site manual for the operational location has been approved by the Minister.

• (2) The Minister shall approve an ATS site manual if it

  • (a) accurately describes the operational location of the air traffic control unit or flight service station; and

  • (b) contains the information required pursuant to section 801.07.

Contents of ATS Operations Certificate

801.06 An ATS operations certificate shall contain

• (a) the legal name, trade name and address of the holder of the certificate;

• (b) the number of the certificate;

• (c) the date of issue of the certificate;

• (d) the effective date of certification;

• (e) the types of air traffic services that the holder of the certificate is authorized to provide; and

• (f) a list of the operational locations for which an ATS site manual has been approved by the Minister.

Contents of ATS Site Manual

• 801.07 (1) An ATS site manual shall set out the types of air traffic services that are provided by the holder of the ATS operations certificate at that operational location.

• (2) An ATS site manual shall contain

  • (a) a table of contents;

  • (b) any information relating to the administration of the air traffic control unit or flight service station, including

    • (i) a record of any amendments to the manual,

    • (ii) a list of the holders of copies of the manual,

    • (iii) a description of the procedure for amending the manual,

    • (iv) a description of the organizational structure of the air traffic control unit management or the flight service station management,

    • (v) a statement, signed by the holder of the ATS operations certificate, certifying that the manual is complete and accurate, and

    • (vi) a statement, signed by the Minister, indicating that the Minister has approved the manual;

  • (c) any information relating to the operation of the air traffic control unit or flight service station, including

    • (i) a description of the airspace and its classification,

    • (ii) where applicable, a description of the manoeuvring area and the movement area of the airport, and

    • (iii) a description of a system to ensure that any operational information necessary for operational staff to perform their duties or functions is available on a daily basis;

  • (d) in the case where air traffic advisory services or flight information services are provided, a description of the procedures for providing those services;

  • (e) a description of the procedures for providing emergency assistance services;

  • (f) a copy of any agreements or memoranda of understanding relating to the operation of the air traffic control unit or flight service station; and

  • (g) in the case of an air traffic control unit or flight service station that is located at an airport, all information pertaining to the airport in respect of

    • (i) emergency response measures,

    • (ii) airport safety measures,

    • (iii) access to the movement area and vehicle control procedures,

    • (iv) apron management plans and apron safety plans, and

    • (v) information services in respect of runway surface friction characteristics.