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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2024-10-30 and last amended on 2023-06-21. Previous Versions

Part V — Airworthiness (continued)

Subpart 73 — Approved Maintenance Organizations (continued)

Division II — Safety Management System (continued)

Person Managing the Safety Management System

 The person managing the safety management system in respect of an approved maintenance organization (AMO) shall

  • (a) establish and maintain a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety;

  • (b) identify hazards and carry out risk management analyses of those hazards;

  • (c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system;

  • (d) establish and maintain a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents;

  • (e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents;

  • (f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the AMO;

  • (g) determine the adequacy of the training required by paragraph 573.31(1)(f); and

  • (h) where the person responsible for maintenance has assigned the management functions for the safety management system under subsection 573.04(4) to another person, report to the person responsible for maintenance the hazards, incidents and accidents identified under the safety management system required under section 573.30 or as a result of an audit required under paragraph 573.31(1)(e).

  • SOR/2005-173, s. 20

SUBPART 91[Repealed, SOR/2009-280, s. 33]

 [Repealed, SOR/2009-280, s. 33]

SUBPART 93[Repealed, SOR/2009-280, s. 33]

 [Repealed, SOR/2009-280, s. 33]

 [Repealed, SOR/2009-280, s. 33]

Part VI — General Operating and Flight Rules

Interpretation

 In this Part,

ADIZ

ADIZ or Air Defence Identification Zone means the airspace that extends upward from the surface in those areas of Canada and off the coasts of Canada, the boundaries of which are specified in the Designated Airspace Handbook; (ADIZouzone d’identification de défense aérienne)

aerial application

aerial application means the seeding from an aircraft or the spraying or dusting of chemicals from an aircraft, or any other operation of a similar nature; (traitement aérien)

aerial inspection

aerial inspection means the inspection from an aircraft of crops, forests, livestock or wildlife, the patrolling of pipelines or power lines, a flight inspection or any other operation of a similar nature; (inspection aérienne)

AX class

AX class[Repealed, SOR/2006-77, s. 4]

fly-in

fly-in means an activity during which aircraft are gathered at an aerodrome before an invited assembly of persons, during which no competitive flights between aircraft or aerial demonstrations take place; (rassemblement d’aéronefs)

large aircraft

large aircraft means an aeroplane having a maximum permissible take-off weight in excess of 5 700 kg (12,566 pounds) or a rotorcraft having a maximum permissible take-off weight in excess of 2 730 kg (6,018 pounds); (gros aéronef)

police authority

police authority means the Royal Canadian Mounted Police, Ontario Provincial Police, Sûreté du Québec or Canadian Coast Guard, or any municipal or regional police force established pursuant to provincial legislation. (corps policier)

Subpart 1 — Airspace

Division I — Airspace Structure, Classification and Use

Airspace Structure
  •  (1) Controlled airspace consists of the following types of airspace:

    • (a) the Arctic Control Area, Northern Control Area and Southern Control Area;

    • (b) high level airspace;

    • (c) high level airways;

    • (d) low level airspace;

    • (e) low level airways;

    • (f) fixed RNAV routes;

    • (g) terminal control areas;

    • (h) military terminal control areas;

    • (i) control area extensions;

    • (j) transition areas;

    • (k) control zones;

    • (l) restricted airspace;

    • (m) advisory airspace;

    • (n) military operations areas; and

    • (o) danger areas.

  • (2) Uncontrolled airspace consists of the following types of airspace:

    • (a) high level airspace;

    • (b) low level airspace;

    • (c) high level air routes;

    • (d) low level air routes;

    • (e) fixed RNAV routes;

    • (f) restricted airspace;

    • (g) advisory airspace;

    • (h) military operations areas; and

    • (i) danger areas.

  • (3) The horizontal and vertical limits of any type of airspace referred to in subsection (1) or (2) are

    • (a) in the case of a high level air route, a low level air route and an uncontrolled fixed RNAV route, those specified on an aeronautical chart; or

    • (b) in any other case, those specified in the Designated Airspace Handbook.

  • (4) The geographical location and the horizontal and vertical limits of the following items are those specified in the Designated Airspace Handbook:

    • (a) Canadian Domestic Airspace;

    • (b) Canadian minimum navigation performance specifications (CMNPS) airspace;

    • (c) the CMNPS transition area;

    • (d) reduced vertical separation minimum (RVSM) airspace;

    • (e) required navigation performance capability (RNPC) airspace;

    • (f) transponder airspace;

    • (g) the air defence identification zone (ADIZ);

    • (h) flight information regions (FIR);

    • (j) standard pressure regions;

    • (i) altimeter setting regions;

    • (k) mountainous regions; and

    • (l) any other areas, zones, regions and points.

  • SOR/2006-77, s. 5
  • SOR/2015-160, s. 26
Airspace Classification
  •  (1) The class of any controlled airspace of a type referred to in subsection 601.01(1) is one of the following, as specified in the Designated Airspace Handbook:

    • (a) Class A;

    • (b) Class B;

    • (c) Class C;

    • (d) Class D;

    • (e) Class E;

    • (f) Class F Special Use Restricted; or

    • (g) Class F Special Use Advisory.

  • (2) The class of any uncontrolled airspace of a type referred to in subsection 601.01(2) is one of the following, as specified in the Designated Airspace Handbook:

    • (a) Class G;

    • (b) Class F Special Use Restricted; or

    • (c) Class F Special Use Advisory.

Transponder Airspace

 Transponder airspace consists of

  • (a) all Class A, B and C airspace as specified in the Designated Airspace Handbook; and

  • (b) any Class D or E airspace specified as transponder airspace in the Designated Airspace Handbook.

  • SOR/2006-77, s. 6
IFR or VFR Flight in Class F Special Use Restricted Airspace or Class F Special Use Advisory Airspace
  •  (1) The procedures for the operation of aircraft in Class F Special Use Restricted airspace and Class F Special Use Advisory airspace are those specified in the Designated Airspace Handbook.

  • (2) No person shall operate an aircraft in Class F Special Use Restricted airspace unless authorized to do so by the person specified for that purpose in the Designated Airspace Handbook.

  • (3) For the purposes of subsection (2), a person specified in the Designated Airspace Handbook may authorize the operation of an aircraft where activities on the ground or in the airspace are not hazardous to aircraft operating in that airspace and access by aircraft to that airspace does not jeopardize national security interests.

IFR Flight in Class A, B, C, D or E Airspace or Class F Special Use Restricted or Class F Special Use Advisory Controlled Airspace
  •  (1) No person shall operate an IFR aircraft in Class A, B, C, D or E airspace or in Class F Special Use Restricted or Class F Special Use Advisory controlled airspace unless the aircraft is operated in accordance with an air traffic control clearance or an authorization issued by the Minister.

  • (2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety.

VFR Flight in Class A Airspace
  •  (1) No person shall operate a VFR aircraft in Class A airspace unless the aircraft is operated in accordance with an authorization issued by the Minister.

  • (2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety.

VFR Flight in Class B Airspace
  •  (1) No person shall operate a VFR aircraft in Class B airspace unless the aircraft is operated in accordance with an air traffic control clearance or an authorization issued by the Minister.

  • (2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety.

  • (3) The pilot-in-command of a VFR aircraft operating in Class B airspace in accordance with an air traffic control clearance shall, when it becomes evident that it will not be possible to operate the aircraft in VMC at the altitude or along the route specified in the air traffic control clearance,

    • (a) where the airspace is a control zone, request authorization to operate the aircraft in special VFR flight; and

    • (b) in any other case,

      • (i) request an amended air traffic control clearance that will enable the aircraft to be operated in VMC to the destination specified in the flight plan or to an alternate aerodrome, or

      • (ii) request an air traffic control clearance to operate the aircraft in IFR flight.

VFR Flight in Class C Airspace
  •  (1) Subject to subsection (2), no person operating a VFR aircraft shall enter Class C airspace unless the person receives a clearance to enter from the appropriate air traffic control unit before entering the airspace.

  • (2) The pilot-in-command of a VFR aircraft that is not equipped with radiocommunication equipment capable of two-way communication with the appropriate air traffic control unit may, during daylight in VMC, enter Class C airspace if the pilot-in-command receives authorization to enter from the appropriate air traffic control unit before entering the airspace.

  • (3) Class C airspace becomes Class E airspace when the appropriate air traffic control unit is not in operation.

VFR Flight in Class D Airspace
  •  (1) Subject to subsection (2), no person operating a VFR aircraft shall enter Class D airspace unless the person establishes two-way radio contact with the appropriate air traffic control unit before entering the airspace.

  • (2) The pilot-in-command of a VFR aircraft that is not equipped with radiocommunication equipment capable of two-way communication with the appropriate air traffic control unit may, during daylight in VMC, enter Class D airspace if the pilot-in-command receives authorization to enter from the appropriate air traffic control unit before entering the airspace.

  • (3) Class D airspace becomes Class E airspace when the appropriate air traffic control unit is not in operation.

 

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