Canadian Aviation Regulations (SOR/96-433)

Aeroplanes and Helicopters — Reimbursement of Costs Incurred in respect of a Flight

• 401.28 (1) The holder of a private pilot licence shall not act as the pilot-in-command of an aeroplane or helicopter for hire or reward unless the conditions set out in subsection (2), (3), (4) or (5), as applicable, are met.

• (2) The holder of a private pilot licence may receive reimbursement for costs incurred in respect of a flight if the holder

  • (a) is the owner or operator of the aircraft;

  • (b) conducts the flight for purposes other than hire or reward;

  • (c) carries passengers only incidentally to the purposes of the flight; and

  • (d) receives a reimbursement that

    • (i) is provided only by the passengers referred to in paragraph (c), and

    • (ii) is for the purpose of sharing the costs of fuel, oil and fees charged against the aircraft in respect of the flight, as applicable.

• (3) The holder of a private pilot licence may receive reimbursement from the holder’s employer for costs incurred in respect of a flight if the holder

  • (a) is employed on a full-time basis by the employer for purposes other than flying;

  • (b) conducts the flight on the employer’s business and the flight is incidental to the execution of the holder’s duties; and

  • (c) receives a reimbursement that

    • (i) in the case of an aircraft owned by the holder, is paid at a rate based on distance travelled or number of hours flown and that does not exceed the total of the holder’s direct operating costs and the fees charged against the aircraft in respect of the flight, or

    • (ii) in the case of a rental aircraft, does not exceed the total of the holder’s rental costs, direct operating costs and the fees charged against the aircraft in respect of the flight.

• (4) The holder of a private pilot licence may receive reimbursement from a charitable, not-for-profit or public security organization in respect of a flight conducted by the holder as a volunteer for that organization if the reimbursement

  • (a) in the case of an aircraft owned by the holder, is paid at a rate based on distance travelled or number of hours flown and does not exceed the total of the holder’s direct operating costs and the fees charged against the aircraft in respect of the flight; or

  • (b) in the case of a rental aircraft, does not exceed the total of the holder’s rental costs, direct operating costs and the fees charged against the aircraft in respect of the flight.

• (5) The holder of a private pilot licence who is a farmer, as defined in section 700.01, may conduct aerial work involving the dispersal of products for agricultural purposes for hire or reward if the holder

  • (a) does not hold an air operator certificate;

  • (b) owns the aircraft that is used to disperse the products;

  • (c) has at least 150 hours of flight time as pilot-in-command, including at least 25 hours of flight time in the type of aircraft being used;

  • (d) ensures that no more than the minimum number of crew members needed to disperse the products is on board the aircraft;

  • (e) ensures that the dispersal takes place within 25 miles of the centre of the holder’s farm; and

  • (f) ensures that no dispersal is conducted within a control zone without the authority of the appropriate air traffic control unit.

[401.29 reserved]

Division VII — Commercial Pilot Licence

Aeroplanes — Privileges and Requirements

• 401.30 (1) Subject to subsection (3), the holder of a commercial pilot licence — aeroplane may, by day or night,

  • (a) exercise the privileges of a private pilot licence — aeroplane;

  • (b) exercise the privileges of a VFR OTT rating;

  • (c) while engaged in providing a commercial air service by means of an aeroplane of a class and type in respect of which the licence is endorsed with ratings, act as

    • (i) pilot-in-command of the aeroplane, if the minimum flight crew document for the aeroplane specifies a minimum flight crew of one pilot, or

    • (ii) co-pilot of the aeroplane;

  • (d) if qualified as a flight instructor in accordance with section 425.21 of Standard 425 — Flight Training, conduct flight instruction; and

  • (e) exercise private pilot licence — aeroplane privileges until the end of the medical validity period specified for the private pilot licence.

• (2) Where an applicant meets the requirements specified in the personnel licensing standards in respect of a commercial pilot licence — aeroplane except the night flight time requirements, the Minister shall issue to the applicant a commercial pilot licence — aeroplane endorsed for daylight flying only.

• (3) No holder of a commercial pilot licence — aeroplane whose licence is endorsed with a daylight-flying-only restriction shall exercise the privileges set out in paragraphs (1)(a) and (c) by night.

• (4) The Minister shall remove the daylight-flying-only restriction if an applicant meets the night flight time requirements of the personnel licensing standards.

Helicopters — Privileges and Requirements

• 401.31 (1) Subject to subsection (3), the holder of a commercial pilot licence — helicopter may, by day or night,

  • (a) exercise the privileges of a private pilot licence — helicopter;

  • (b) while engaged in providing a commercial air service by means of a helicopter of a type in respect of which the licence is endorsed with ratings, act as

    • (i) pilot-in-command of the helicopter, if the minimum flight crew document for the helicopter specifies a minimum flight crew of one pilot, or

    • (ii) co-pilot of the helicopter;

  • (c) if qualified as a flight instructor in accordance with section 425.21 of Standard 425 — Flight Training, conduct flight instruction; and

  • (d) exercise private pilot licence — helicopter privileges until the end of the medical validity period specified for the private pilot licence.

• (2) Where an applicant meets the requirements specified in the personnel licensing standards for a commercial pilot licence — helicopter except the night flight time requirements, the Minister shall issue to the applicant a commercial pilot licence — helicopter endorsed for daylight flying only.

• (3) No holder of a commercial pilot licence — helicopter whose licence is endorsed with a daylight-flying-only restriction shall exercise the privileges set out in paragraphs (1)(a) and (b) by night.

• (4) The Minister shall remove the daylight-flying-only restriction if an applicant meets the night flight time requirements of the personnel licensing standards.

Division VII.1 — Multi-crew Pilot Licence

Aeroplanes — Privileges

• 401.32 (1) The holder of a multi-crew pilot licence — aeroplane may act as co-pilot of a turbine-powered aeroplane that is operated day or night, under VFR, VFR OTT or IFR, if the aeroplane

  • (a) is a transport category aircraft;

  • (b) is an aeroplane for which a minimum flight crew document has been issued that specifies a minimum flight crew of two pilots;

  • (c) is of a type in respect of which the holder’s licence is endorsed with a rating; and

  • (d) is operated under subpart 4 of Part VI or under Part VII.

• (2) The holder of a multi-crew pilot licence — aeroplane may act as pilot-in-command of any aircraft for the purpose of the holder’s flight training if the flight training is conducted in accordance with section 401.19.

[401.33 reserved]

Division VIII — Airline Transport Pilot Licence

Aeroplanes — Privileges

• 401.34 (1) Subject to subsection (2), the holder of an airline transport pilot licence — aeroplane may exercise the privileges of a private pilot licence — aeroplane and a commercial pilot licence — aeroplane.

• (2) The holder of an airline transport pilot licence — aeroplane endorsed with a Group 1 instrument rating may, while engaged in providing a commercial air service by means of an aeroplane of a class and type in respect of which the licence is endorsed with a rating, act as

  • (a) pilot-in-command of the aeroplane, if the minimum flight crew document for that aeroplane specifies a minimum flight crew of two pilots; or

  • (b) co-pilot of the aeroplane.