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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-11-16 and last amended on 2022-03-06. Previous Versions

PART IGeneral Provisions (continued)

Subpart 7 – Safety Management System Requirements (continued)

Establishing a Safety Management System

 The applicant for, or the holder of, a certificate referred to in subsections 107.01(1) or (2) shall establish and maintain a safety management system.

  • SOR/2005-173, s. 8
  • SOR/2014-131, s. 5

Safety Management System

 A safety management system shall include

  • (a) a safety policy on which the system is based;

  • (b) a process for setting goals for the improvement of aviation safety and for measuring the attainment of those goals;

  • (c) a process for identifying hazards to aviation safety and for evaluating and managing the associated risks;

  • (d) a process for ensuring that personnel are trained and competent to perform their duties;

  • (e) a process for the internal reporting and analyzing of hazards, incidents and accidents and for taking corrective actions to prevent their recurrence;

  • (f) a document containing all safety management system processes and a process for making personnel aware of their responsibilities with respect to them;

  • (g) a quality assurance program;

  • (h) a process for conducting periodic reviews or audits of the safety management system and reviews or audits, for cause, of the safety management system; and

  • (i) any additional requirements for the safety management system that are prescribed under these Regulations.

Size

 A safety management system shall be adapted to the size, nature and complexity of the operations, activities, hazards and risks associated with the operations of the holder of a document referred to in section 107.01.

  • SOR/2005-173, s. 8
  • SOR/2014-131, s. 6

Subpart 8 — [Reserved]

Subpart 9 — Aircraft under an Agreement for Transfer of Functions and Duties in Accordance with Article 83 bis of the Convention

Canada as the State of the Operator

 These Regulations apply to a foreign-registered aircraft operated by a Canadian operator and to persons performing any functions or duties in respect of the aircraft if the requirements set out in these Regulations are specifically included under the terms of an agreement in force between Canada and another contracting State in accordance with Article 83 bis of the Convention.

  • SOR/2005-354, s. 2

Canada as the State of Registry

 These Regulations do not apply to a Canadian aircraft operated by a foreign operator or to persons performing any functions or duties in respect of the aircraft if the requirements set out in these Regulations are specifically excluded under the terms of an agreement in force between Canada and another contracting State in accordance with Article 83 bis of the Convention.

  • SOR/2005-354, s. 2

Surrender of Certificate of Airworthiness

  •  (1) If the responsibility set out in Article 31 of the Convention to issue or to render valid a certificate of airworthiness for a Canadian aircraft is transferred to another contracting State in accordance with Article 83 bis of the Convention, the certificate of airworthiness for that aircraft shall cease to have effect upon commencement of the transfer.

  • (2) The registered owner of the aircraft shall surrender the certificate of airworthiness to the Minister within seven days after the day on which the registered owner receives a notice from the Minister informing the registered owner of the coming into force of an agreement entered into in accordance with Article 83 bis of the Convention.

  • SOR/2005-354, s. 2
  • SOR/2014-286, s. 1

Reinstatement of the Certificate of Airworthiness

 Upon termination of a transfer to another contracting State, in accordance with Article 83 bis of the Convention, of the responsibility to issue or to render valid a certificate of airworthiness for a Canadian aircraft as set out in Article 31 of the Convention, the Minister shall reinstate the certificate of airworthiness if the registered owner of the aircraft complies with the applicable importation requirements specified in section 507.07.

  • SOR/2005-354, s. 2

Notice of Termination of Agreement

 If an agreement for the lease, charter or interchange of an aircraft or any similar arrangement, subject to an agreement in accordance with Article 83 bis of the Convention, is terminated on a date earlier than the date of expiration set out in the agreement or arrangement, the Canadian operator of the aircraft if it is a foreign-registered aircraft or the registered owner of the aircraft if it is a Canadian aircraft shall inform the Minister in writing of the actual date of termination within seven days of its occurrence.

  • SOR/2005-354, s. 2

Third Party Operation in Canada

 If an aircraft that is subject to an agreement for the lease, charter or interchange of an aircraft or any similar arrangement is also subject to an agreement in accordance with Article 83 bis of the Convention to which Canada is not a party and is operated in Canada, any references in these Regulations to the “State of registry” with respect to the transferred responsibilities shall be interpreted to read “State of the operator”.

  • SOR/2005-354, s. 2

Conflicting Provisions

 If Canada enters into an agreement in accordance with Article 83 bis of the Convention, the agreement and the provisions of this Subpart shall take precedence over any conflicting provisions of these Regulations.

  • SOR/2005-354, s. 2
  • SOR/2014-286, s. 2

Part II — Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-Registered Owner

Interpretation

 In this Part,

aircraft identification plate

aircraft identification plate means a fireproof plate that is attached to an aircraft pursuant to subsection 201.01(2) or (3) and that identifies the aircraft as a whole; (plaque d’identification d’aéronef)

approval number

approval number means a number assigned by the Minister to a manufacturer to identify the manufacturer as a manufacturer in respect of which a manufacturing approval has been granted in accordance with the applicable standards of airworthiness; (numéro d’agrément)

certificate of registration

certificate of registration means a certificate of registration issued pursuant to section 202.25 and includes a certificate of registration issued by a contracting state or a foreign state that has an agreement in force with Canada that allows an aircraft that is registered in that foreign state to be operated in Canada; (certificat d’immatriculation)

commercial aircraft

commercial aircraft means an aircraft that is registered as a commercial aircraft pursuant to sections 202.16 and 202.17; (aéronef commercial)

identification plate

identification plate means a fireproof plate that contains the identification information referred to in section 201.08, subsection 201.09(2), section 201.10 or subsection 201.11(2); (plaque d’identification)

marks

marks means the nationality mark and the registration mark of an aircraft; (marques)

nationality mark

nationality mark means a symbol, letter or numeral, or a combination thereof, used by a state to indicate the nationality of aircraft that are registered in that state; (marque de nationalité)

registered

registered, in respect of an aircraft, means registered pursuant to sections 202.16 and 202.17 or pursuant to the laws of a foreign state; (immatriculé)

registration mark

registration mark means the combination of letters or letters and numerals that is issued in respect of an aircraft by a state as a registration identification; (marque d’immatriculation)

replica of a military aircraft

replica of a military aircraft means an aircraft of any scale that is a duplicate of an original military aircraft; (réplique d’un aéronef militaire)

special registration mark

special registration mark means a specific registration mark requested by the applicant; (marque d’immatriculation spéciale)

state aircraft

state aircraft means an aircraft that is registered as a state aircraft pursuant to sections 202.16 and 202.17; (aéronef d’État)

vintage aircraft

vintage aircraft means an aircraft that was manufactured prior to January 1, 1957. (aéronef d’époque)

  • SOR/2009-280, s. 18

Application

  •  (1) Subject to subsection (2), this Part applies in respect of all Canadian aircraft, other than remotely piloted aircraft, operated in or outside Canada and section 202.01 also applies in respect of aircraft, other than remotely piloted aircraft, registered in a foreign state while operated in Canada.

  • (2) Subpart 1 does not apply in respect of aircraft that, pursuant to subsection 202.13(1), are not required to be registered.

[200.03 and 200.04 reserved]

Subpart 1 — Identification of Aircraft and Other Aeronautical Products

Aircraft Identification Plates

  •  (1) Except for an aircraft that is operated pursuant to an authorization issued under subsection 202.14(1), no person shall operate an aircraft in flight unless there is an aircraft identification plate attached to the aircraft in accordance with this Subpart.

  • (2) Subject to subsection (3), where a person manufactures an aircraft or is an aircraft owner that obtains an authorization referred to in subsection (6), the manufacturer or aircraft owner, as the case may be, shall attach to the aircraft an aircraft identification plate that contains the information required by subsection (4)

    • (a) in the case of an aircraft other than an ultra-light aeroplane or a balloon, to the structure of the aircraft in a place where it is visible to a person on the ground or to a person at the main entrance or rearmost entrance door;

    • (b) in the case of an ultra-light aeroplane, in a position near the pilot seat where it is readily visible; and

    • (c) in the case of a balloon, to the lower or upper girdle of the envelope in a place where it is readily visible prior to inflation.

  • (3) Where the configuration of an aircraft precludes the attachment of an aircraft identification plate in a location specified in subsection (2), the Minister shall, on application in writing by the manufacturer or owner of the aircraft, authorize an alternative location for the attachment of the aircraft identification plate.

  • (4) An aircraft identification plate attached to an aircraft shall have the following information permanently etched, engraved or stamped on it, namely,

    • (a) the name of the manufacturer and, if the manufacturer is an entity, its legal name;

    • (b) the manufacturer’s model designation described in the type certificate or equivalent document;

    • (c) the type certificate number or equivalent designation, if applicable; and

    • (d) the aircraft serial number.

  • (5) Where an aircraft does not have an aircraft identification plate, the owner of the aircraft shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to attach an aircraft identification plate to the aircraft.

  • (6) On receipt of an application submitted in accordance with subsection (5) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner that permits the owner to attach an aircraft identification plate to the aircraft.

  • (7) Where an authorization is issued by the Minister pursuant to subsection (6), the owner of the aircraft shall attach an aircraft identification plate to the aircraft in accordance with subsection (2) or (3), as applicable.

  • SOR/2000-405, s. 2
  • SOR/2003-271, s. 2

Modifications

 Where a person modifies an aircraft in accordance with approved data, as that term is defined in section 571.06 of the Airworthiness Manual, and the modification results in a change in the model designation as specified by the manufacturer in the approved data, the person shall, before the next flight of the aircraft, attach to the aircraft, as near as possible to the original aircraft identification plate, an additional aircraft identification plate on which the following information is permanently etched, engraved or stamped:

  • (a) the name of the person who performed the modification and, if that person is an entity, its legal name;

  • (b) the new model designation described in the supplemental type certificate or equivalent document;

  • (c) the supplemental type certificate number or equivalent designation; and

  • (d) the aircraft serial number.

  • SOR/2000-405, s. 3

Removal, Replacement and Attachment of, and Alteration of Information on, Aircraft Identification Plates

  •  (1) Subject to subsection (5), no person shall, without authorization from the Minister pursuant to subsection (3),

    • (a) remove or replace an aircraft identification plate;

    • (b) attach to an aircraft an aircraft identification plate that was attached to another aircraft; or

    • (c) alter the information on an aircraft identification plate.

  • (2) Where the owner of an aircraft wishes to perform one of the actions referred to in subsection (1), the owner shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to perform that action.

  • (3) On receipt of an application submitted pursuant to subsection (2) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner of the aircraft that permits the owner to perform the action in respect of which the authorization was sought.

  • (4) Where an authorization is issued by the Minister pursuant to subsection (3), the owner of the aircraft shall perform the authorized action before the next flight of the aircraft.

  • (5) A person may, without authorization from the Minister, remove an aircraft identification plate from an aircraft for the purpose of performing work on the aircraft.

  • (6) Any person who removes an aircraft identification plate from an aircraft for the purpose of performing work on the aircraft shall, immediately after completing the work, re-attach the aircraft identification plate in accordance with subsection 201.01(2) or (3) or section 201.02, as applicable.

Loss or Theft of or Damage to an Aircraft Identification Plate

  •  (1) Where an aircraft identification plate is lost, stolen or damaged, the owner of the aircraft shall submit an application in writing to the Minister, including evidence that establishes the identity of the aircraft, for authorization to attach a replacement aircraft identification plate to the aircraft.

  • (2) On receipt of an application submitted pursuant to subsection (1) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner of the aircraft that permits the owner to replace the lost, stolen or damaged aircraft identification plate.

  • (3) Where an authorization is issued by the Minister pursuant to subsection (2), the owner of the aircraft shall, before the next flight of the aircraft, attach the replacement aircraft identification plate to the aircraft in accordance with subsection 201.01(2) or (3) or section 201.02, as applicable.

Identification of Engines, Propellers, Life-limited Components, Appliances, Parts, Balloon Baskets and Burner Assemblies

  •  (1) No person shall operate an aircraft in flight unless each engine, propeller, life-limited component, appliance, part, balloon basket, or burner assembly for a balloon is identified in accordance with sections 201.06 to 201.11.

  • (2) Subject to subsections 201.10(4) and (5), the identification information required under sections 201.08 to 201.11 shall be permanently etched, engraved or stamped directly on the aeronautical product or on an identification plate securely attached to it.

  • SOR/2009-280, s. 19
 
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