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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-09-22 and last amended on 2022-03-06. Previous Versions

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

Subpart 2 — Aircraft Marking and Registration (continued)

Division II — Aircraft Registration (continued)

Aircraft Manufacturers
  •  (1) On receipt of an application in writing, the Minister shall issue a written authorization permitting the operation in Canada of an aircraft that is not registered and in the authorization may specify conditions governing the operation of the aircraft as necessary for its safe and proper operation, where

    • (a) the aircraft was manufactured in Canada;

    • (b) the aircraft is operated by the manufacturer;

    • (c) the aircraft is operated within Canada for the purpose of

      • (i) a production test flight,

      • (ii) a customer acceptance flight, or

      • (iii) a flight undertaken to complete the manufacturing process or to export the aircraft;

    • (d) a registration mark has been reserved in respect of the aircraft pursuant to subsection 202.02(1);

    • (e) the aircraft displays its marks in accordance with section 202.01 or 202.07; and

    • (f) the manufacturer is qualified to be the registered owner of a Canadian aircraft pursuant to section 202.15.

  • (2) The Minister may specify conditions in the authorization governing the operation of the aircraft referred to in subsection (1) as are necessary for its safe and proper operation.

  • (3) No person shall operate an aircraft pursuant to an authorization issued under subsection (1) unless the aircraft is operated in accordance with any conditions specified in the authorization.

Qualifications to Be Registered Owner of a Canadian Aircraft
  •  (1) Subject to subsection (2), any Canadian is qualified to be the registered owner of a Canadian aircraft.

  • (2) No individual is qualified to be the registered owner of a Canadian aircraft unless the individual is at least 16 years of age.

  • (3) An entity that is not Canadian but is incorporated or formed under the laws of Canada or a province is qualified to be the registered owner of a private Canadian aircraft where

    • (a) the entity provides the Minister with a certified copy of the entity’s certificate of incorporation or other equivalent document issued under the laws of Canada or a province pursuant to which the entity was incorporated or formed;

    • (b) the entity meets the requirements, specified in the Aircraft Marking and Registration Standards, respecting the keeping and preservation of records;

    • (c) the entity meets the reporting requirements specified in the Aircraft Marking and Registration Standards; and

    • (d) while the aircraft is registered in Canada, the flight time accumulated in Canada by the aircraft is not less than 60 per cent of the flight time accumulated by the aircraft at the end of each six-month period.

  • (4) [Repealed, SOR/2021-152, s. 1]

  • (5) Where an entity that is qualified to be the registered owner of an aircraft pursuant to subsection (3) ceases to meet the requirements set out in paragraphs (3)(b) to (d), the aircraft’s certificate of registration is cancelled.

Registration Requirements

 The Minister, on receipt of an application in accordance with the Aircraft Marking and Registration Standards, shall register an aircraft where the owner of the aircraft

  • (a) is qualified to be the registered owner of a Canadian aircraft pursuant to section 202.15; and

  • (b) meets the requirements set out in those standards.

Types of Registration
  •  (1) Subject to subsections (3) and (4), the Minister shall register an aircraft as

    • (a) a state aircraft;

    • (b) a commercial aircraft; or

    • (c) a private aircraft.

  • (2) The Minister shall register an aircraft with

    • (a) a provisional registration if the aircraft is not registered in Canada or in a foreign state and is to be operated for the purpose of importing it into Canada or for the purpose of transporting it from one location in Canada to another location in Canada;

    • (b) a temporary registration if the documentation, record entries and other administrative steps necessary to grant a continuing registration cannot be completed immediately;

    • (c) a continuing registration if the documentation, record entries and other administrative steps necessary to grant a continuing registration can be completed immediately; or

    • (d) an interim registration if the requirements of subsection 202.36(1) or (4) are satisfied.

  • (3) The Minister shall register an aircraft as a state aircraft if it is a civil aircraft that is owned by and exclusively used in the service of a government in Canada.

  • (4) The Minister shall register an aircraft as a commercial aircraft if

    • (a) it is to be operated under Subpart 2, 3, 4 or 5 of Part VII or pursuant to an authorization issued under section 203.03; or

    • (b) it is an aeroplane or helicopter that is to be operated pursuant to a flight training unit operator certificate issued under Subpart 6 of Part IV.

  • SOR/2000-405, s. 10
Identity for Registration Purposes — Aircraft

 For the purpose of the registration in Canada of an aircraft, other than a balloon,

  • (a) the fuselage, hull or an alternative structure of the aircraft establishes its identity; and

  • (b) where the fuselage, hull or an alternative structure of the aircraft is scrapped, the aircraft is deemed to be destroyed.

Identity for Registration Purposes — Balloons

 For the purpose of the registration in Canada of a balloon,

  • (a) the envelope of the balloon establishes its identity; and

  • (b) where the envelope of a balloon is scrapped, the balloon is deemed to be destroyed.

[202.20 to 202.24 reserved]

Division III — Certificates of Registration

Issuance of a Certificate of Registration
  •  (1) Where the Minister registers an aircraft, the Minister shall issue to the registered owner of the aircraft

    • (a) a provisional certificate of registration if the aircraft has a provisional registration;

    • (b) a temporary certificate of registration if

      • (i) the documentation, record entries and other administrative steps necessary to issue a continuing registration cannot be completed immediately, or

      • (ii) the Minister intends to replace a continuing certificate of registration pursuant to section 202.27 or amend or replace a certificate of registration pursuant to subsection 202.28(1), but the documentation, record entries and other administrative steps necessary to amend or replace the certificate cannot be completed immediately;

    • (c) an interim certificate of registration if the aircraft is deemed to be registered with an interim registration pursuant to subsection 202.36(1) or (4); or

    • (d) except in the circumstances described in subparagraph (b)(ii), a continuing certificate of registration if the aircraft has a continuing registration.

  • (2) Where the Minister issues a temporary certificate of registration, the Minister may specify in the temporary certificate of registration a date on which the temporary registration expires.

  • (3) A temporary certificate of registration expires or is cancelled, as the case may be, on the earliest of

    • (a) the date specified in the temporary certificate of registration,

    • (b) the last day of the three-month period following the day on which the temporary certificate of registration was issued,

    • (c) the day on which there is a change in the legal custody and control of the aircraft, and

    • (d) the day on which a continuing certificate of registration is issued in respect of the aircraft.

Carrying Certificate of Registration on Board the Aircraft

 No person shall operate an aircraft in Canada, other than an aircraft referred to in subsection 202.43(1), or a Canadian aircraft outside Canada unless the certificate of registration issued in respect of the aircraft is carried on board the aircraft.

Certificate of Registration Lost or Destroyed

 The Minister shall replace a lost or destroyed certificate of registration of a Canadian aircraft on receipt of a written application from the registered owner where the registered owner continues to meet the registration requirements referred to in section 202.16.

Amendment or Replacement of Certificate of Registration
  •  (1) The Minister may request the return of a certificate of registration of a Canadian aircraft from the registered owner for the purpose of amending it or for the purpose of replacing it.

  • (2) Where the Minister requests the return of a certificate of registration pursuant to subsection (1), the registered owner shall return it to the Minister within seven days after the day on which the request is received.

[202.29 to 202.34 reserved]

Division IV — Transfer of Legal Custody and Control

General
  •  (1) Subject to Subpart 3, where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the certificate of registration of the aircraft is cancelled.

  • (2) Where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the registered owner shall, by not later than seven days after the transfer, notify the Minister of the transfer in writing.

  • (3) For the purposes of this Division, an owner has legal custody and control of a Canadian aircraft when the owner has complete responsibility for the operation and maintenance of the aircraft.

Interim Registration
  •  (1) Subject to subsection (2), where any part of the legal custody and control of a Canadian aircraft is transferred and the new owner meets the requirements referred to in section 202.16, the aircraft is deemed to be registered with an interim registration in the name of the new owner.

  • (2) Where any part of the legal custody and control of an aircraft referred to in subsection (1) is transferred for a second time, the aircraft is not deemed to be registered with an interim registration in the name of the new owner even if the new owner meets the requirements referred to in section 202.16.

  • (3) The interim registration of an aircraft referred to in subsection (1) expires on the earliest of

    • (a) the last day of the three-month period following the date of the transfer of any part of the legal custody and control of the aircraft,

    • (b) the day on which there is a further transfer of any part of the custody and control of the aircraft, and

    • (c) the day on which a continuing certificate of registration is issued in respect of the aircraft.

  • (4) Where there is a change in the registered owner’s name, address or other information contained in the continuing certificate of registration, the aircraft is deemed to be registered with an interim registration if the requirements specified in the Aircraft Marking and Registration Standards are met.

  • (5) The interim registration of an aircraft referred to in subsection (4) expires on the earliest of

    • (a) the last day of the three-month period following the date of the change or amendment,

    • (b) the day on which there is a transfer of any part of the legal custody and control of the aircraft, and

    • (c) the day on which a continuing certificate of registration is issued in respect of the aircraft.

  • (6) An interim certificate of registration may not be transferred.

Provisional Registration of an Aircraft
[
  • SOR/2000-405, s. 11
]
  •  (1) If an aircraft is not registered in Canada or in a foreign state, no person shall operate it for the purpose of importing it into Canada or for the purpose of transporting it from one location in Canada to another location in Canada unless the person first obtains a provisional certificate of registration in accordance with the Aircraft Marking and Registration Standards in respect of the aircraft.

  • (2) The Minister may specify in a provisional certificate of registration conditions governing the operation of the aircraft as necessary for its safe and proper operation, and the destination to which and the date or dates on which the aircraft may be operated.

  • (3) A provisional certificate of registration expires or is cancelled, as the case may be, when the aircraft

    • (a) arrives at the destination set out in the provisional certificate of registration or, if the provisional certificate of registration specifies that a test flight shall be performed, when the test flight is completed;

    • (b) is operated on a date that is not specified in the provisional certificate of registration; or

    • (c) is operated in a manner that is contrary to any condition specified in the provisional certificate of registration.

  • SOR/2000-405, s. 12
Exporting an Aircraft

 Where a Canadian aircraft is sold or leased to a person who is not qualified under section 202.15 to be the registered owner of a Canadian aircraft and the aircraft is not in Canada at the time of its sale or lease or it is understood by the vendor or lessor, as the case may be, that the aircraft is to be exported, the vendor or lessor shall

  • (a) remove the Canadian marks from the aircraft and, if applicable, the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft at the time of the sale or lease;

  • (b) notify the Minister in writing, within seven days after the sale or lease, of the date of

    • (i) the sale or lease,

    • (ii) the exportation, if applicable,

    • (iii) the removal of the Canadian marks, and

    • (iv) the removal of the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft, if applicable;

  • (c) provide the Minister with a copy of all of the agreements that relate to the transfer of any part of the legal custody and control of the aircraft resulting from the sale or lease; and

  • (d) return to the Minister the certificate of registration of the aircraft.

  • SOR/2000-405, s. 13

[202.39 to 202.41 reserved]

Division V — Operation of Foreign Aircraft

Period of Time Present in Canada
  •  (1) Subject to section 203.03, no person shall operate in Canada an aircraft that is registered in a foreign state that has been present in Canada for a total of 90 days or more in the immediately preceding twelve-month period unless

    • (a) the foreign state is a contracting state;

    • (b) the operator of the aircraft is

      • (i) the foreign state,

      • (ii) an individual who is not a Canadian citizen or a permanent resident but is a citizen or subject of the foreign state, or

      • (iii) an entity that is incorporated or otherwise formed under the laws of the foreign state; and

    • (c) if the operator of the aircraft is an entity described in subparagraph (b)(iii), the aircraft is operated in Canada

      • (i) in accordance with an air operator certificate, or

      • (ii) in any operation other than an operation that would require a private operator certificate if the aircraft were registered in Canada.

  • (2) For the purposes of calculating the 90-day period,

    • (a) if the aircraft is present in Canada for any part of a calendar day, that part shall be counted as one day; and

    • (b) an aircraft is deemed to be present in Canada as soon as it enters Canadian airspace.

  • SOR/2003-271, s. 5
Aircraft Registered in a Foreign State
  •  (1) Where an aircraft is registered in a foreign state that is not a contracting state or is not a state that has an agreement in force with Canada that allows an aircraft that is registered in that state to be operated in Canada, the Minister may, in writing, authorize the operation of the aircraft in Canada, and in the authorization may specify conditions governing the operation of the aircraft as necessary for its safe and proper operation.

  • (2) No person shall operate an aircraft pursuant to an authorization issued under subsection (1) unless the authorization is on board and the aircraft is operated in accordance with any conditions specified in the authorization.

 
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