Canadian Aviation Regulations

605.34 (1) This section applies in respect of the following aircraft:

• (a) a multi-engined turbine-powered aircraft that is configured for six or more passenger seats and is operated by two flight crew members, regardless of the minimum crew requirements set out in the aircraft type certificate or the subpart under which the aircraft is operated;

• (b) a turbine-powered aeroplane that was type-certificated on or after January 1, 2016 and for which more than one flight crew member is required by the aircraft type certificate or by the subpart under which the aeroplane is operated;

• (c) a turbine-powered aeroplane with an MCTOW of more than 27 000 kg (59,525 pounds) that was type-certificated after September 30, 1969 and was manufactured before January 1, 1987;

• (d) a large aeroplane that was manufactured on or after January 1, 1987; and

• (e) a transport category helicopter with an MCTOW of more than 7 000 kg (15,400 pounds).

(2) Subject to subsection (4), no person shall dispatch or conduct a take-off in an aircraft unless the aircraft is equipped with a cockpit voice recorder that conforms to section 551.101 of Chapter 551 of the Airworthiness Manual and section 625.34 of Standard 625 — Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards.

(3) Subject to subsection (4), no person shall operate an aircraft unless the cockpit voice recorder is operated continuously from the time at which electrical power is first provided to the recorder before the flight to the time at which electrical power is removed from the recorder after the flight.

(4) Subsections (2) and (3) do not apply in respect of an aircraft without a serviceable cockpit voice recorder if

• (a) a minimum equipment list has been approved by the Minister in respect of the operator of the aircraft under subsection 605.07(3) and the aircraft is operated in accordance with the minimum equipment list;

• (b) a minimum equipment list has not been approved by the Minister in respect of the operator of the aircraft and the following conditions are met:

  • (i) the period during which the aircraft is operated without a serviceable cockpit voice recorder does not exceed 90 days from the day on which the cockpit voice recorder ceased to be serviceable,

  • (ii) aircraft technical records that indicate the date on which the cockpit voice recorder ceased to be serviceable are carried on board the aircraft,

  • (iii) the aircraft is required to be equipped with a flight data recorder under section 605.33, and

  • (iv) the flight data recorder is serviceable; or

• (c) the aircraft is described in paragraph (1)(a), its operator is authorized to conduct single-pilot operations in an air operator certificate issued under Subpart 3 of Part VII and the following conditions are met:

  • (i) the period during which the aircraft is operated without a serviceable cockpit voice recorder does not exceed 45 days from the day on which the cockpit voice recorder ceased to be serviceable,

  • (ii) the requirements of paragraph 703.66(a) cannot be met because the auto-pilot is not serviceable,

  • (iii) the aircraft is operated by two pilots who meet the requirements of section 703.88, and

  • (iv) aircraft technical records that indicate the dates on which the cockpit voice recorder and the auto-pilot ceased to be serviceable are carried on board the aircraft.

(5) No person shall erase any communications that have been recorded by a cockpit voice recorder.