Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2021-06-28 and last amended on 2021-06-06. Previous Versions

Part VII — Commercial Air Services (continued)

Subpart 1 — Foreign Air Operations (continued)

Division III — Flight Operations (continued)

Transport of Passengers in Single-engined Aircraft
  •  (1) Subject to subsection (2), no foreign air operator commencing a flight in Canada shall operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight.

  • (2) A foreign air operator may operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight if the foreign air operator

    • (a) is authorized to do so by the state of the foreign air operator;

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

    • (c) complies with the Commercial Air Service Standards.

Admission to Flight Deck
  •  (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft operated by a foreign air operator in Canada, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft.

  • (2) A foreign 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.

Seats for Cabin Safety Inspectors

 A foreign air operator shall provide a cabin safety inspector who is performing an in-flight cabin inspection in Canada with a confirmed passenger seat in the passenger compartment.

Aircraft Icing Operations
  •  (1) In this section, critical surfaces means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surfaces of an aircraft, as well as any other surfaces identified as critical surfaces in the aircraft flight manual.

  • (2) No person shall conduct or attempt to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces.

  • (3) Despite subsection (2), a person may conduct a take-off in an aircraft that has frost caused by cold-soaked fuel adhering to the underside or upper side, or both, of its wings if the take-off is conducted in accordance with the aircraft manufacturer’s instructions for take-off under those conditions.

  • (4) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to an aircraft, no person shall conduct or attempt to conduct a take-off in the aircraft unless

    • (a) the aircraft has been inspected immediately prior to take-off to determine whether any frost, ice or snow is adhering to any of its critical surfaces; or

    • (b) the foreign air operator or the holder of the flight authorization has

      • (i) established, in accordance with ICAO Document No. 9640 entitled Manual of Aircraft Ground De/Anti-icing Operations, an aircraft ground icing operations program that has been approved by the state of the foreign air operator or of the holder of the flight authorization, or

      • (ii) submitted to the Minister an aircraft ground icing operations program that meets the Commercial Air Service Standards.

  • (5) The inspection referred to in paragraph (4)(a) shall be performed from outside the aircraft.

  • (6) The inspection referred to in paragraph (4)(a) shall be performed by

    • (a) the pilot-in-command;

    • (b) a flight crew member of the aircraft who is designated by the pilot-in-command; or

    • (c) a person, other than a person referred to in paragraph (a) or (b), who is designated by the foreign air operator or the holder of the flight authorization.

  • (7) No person shall perform the inspection referred to in paragraph (4)(a) unless the person has received annual training concerning aircraft surface contamination in accordance with the Commercial Air Service Standards.

  • (8) Where, before commencing a take-off, a crew member of an aircraft observes that there is frost, ice or snow adhering to the wings of the aircraft, the crew member shall immediately report that observation to the pilot-in-command, and the pilot-in-command or a flight crew member designated by the pilot-in-command shall inspect the wings of the aircraft before take-off.

Division IV — Flight Deck Security

Interpretation

 In this Division, payload capacity means the maximum zero fuel weight of an aeroplane set out in the type certificate issued in respect of the aeroplane less

  • (a) the empty weight of the aeroplane;

  • (b) the equipment necessary for the operation of the aeroplane; and

  • (c) the operating load of the aeroplane, which includes the minimum flight crew.

  • SOR/2003-121, s. 2
Application
  •  (1) All the provisions of this Division apply in respect of the operation by a foreign air operator, in Canadian airspace, of a transport category aircraft that is

    • (a) a passenger-carrying aeroplane in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers; or

    • (b) an all-cargo aeroplane with a payload capacity of more than 3 405 kg (7,500 pounds) that was equipped with a flight deck door on June 21, 2002.

  • (2) Section 701.28 also applies in respect of the operation by a foreign air operator, in Canadian airspace, of a transport category aircraft that is

    • (a) a passenger-carrying aeroplane in respect of which a type certificate has been issued authorizing the transport of fewer than 20 passengers; or

    • (b) an all-cargo aeroplane with a payload capacity of 3 405 kg (7,500 pounds) or less that was equipped with a flight deck door on June 21, 2002.

  • SOR/2003-121, s. 2
Admission to Flight Deck

 No person shall be admitted to the flight deck of an aeroplane other than

  • (a) a flight crew member;

  • (b) a crew member performing their duties;

  • (c) an inspector of the civil aviation authority of the state where the aeroplane is registered; or

  • (d) a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator.

  • SOR/2003-121, s. 2
Closing and Locking of Flight Deck Door
  •  (1) Subject to subsection (2), the pilot-in-command of an aeroplane that is equipped with a lockable flight deck door and that is carrying passengers shall ensure that at all times from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival the flight deck door is closed and locked.

  • (2) Subsection (1) does not apply when crew members or persons authorized in accordance with subsection 701.28 are required to enter or leave the flight deck

    • (a) for the performance of their duties;

    • (b) for physiological needs; or

    • (c) for an overriding concern related to the safety of the flight.

  • SOR/2003-121, s. 2
Doors and Locks
  •  (1) Subject to subsections (3) and (4), no foreign air operator shall operate a transport category aircraft, except for a newly manufactured aeroplane on a non-revenue flight and any aeroplane on an overflight, unless the transport category aircraft is equipped with

    • (a) in the case of a passenger-carrying aeroplane,

      • (i) a door between the flight deck and the passenger compartment, and

      • (ii) if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from the passenger compartment, a door between the crew rest facility and the passenger compartment; and

    • (b) in the case of an all-cargo aeroplane that was equipped with a flight deck door on June 21, 2002,

      • (i) a door between the flight deck and a compartment occupied by a person, and

      • (ii) if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from a compartment occupied by a person, a door between the crew rest facility and the compartment.

  • (2) The doors required by subsection (1) shall be equipped with a locking device that can be unlocked only from inside the flight deck or the crew rest facility, as the case may be.

  • (3) A key shall be readily available to each crew member for each door that separates a passenger compartment or a compartment occupied by a person from an emergency exit, with the exception of a door required by subsection (1).

  • (4) No crew member, except a flight crew member, shall have a key to a door required by subsection (1) at any time from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival unless the locking device required by subsection (2) is installed and locked.

  • (5) No foreign air operator shall operate an aeroplane that is required by subsection (1) to be equipped with a door unless each door meets the design requirements of section 525.795 of the Airworthiness Manual in effect on May 1, 2002.

  • SOR/2003-121, s. 2
 
Date modified: