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Canadian Aviation Regulations

Version of section 704.70 from 2009-12-01 to 2023-01-25:

  •  (1) Subject to subsection (4), no air operator shall operate, in airspace outside RVSM airspace, a turbine-powered aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds) but less than or equal to 15 000 kg (33,069 pounds) or an aeroplane that is not a turbine-powered aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds), unless the aeroplane is equipped with an operative ACAS that

    • (a) meets the requirements of CAN-TSO-C118 or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides; or

    • (b) meets the requirements of CAN-TSO-C119a or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides and is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it.

  • (2) Subject to subsection (4), no air operator shall operate a turbine-powered aeroplane having an MCTOW greater than 15 000 kg (33,069 pounds) in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that

    • (a) meets the requirements of CAN-TSO-C119a or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides; and

    • (b) is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it.

  • (3) Subject to subsection (4), no air operator shall operate an aeroplane referred to in subsection (1) or (2) in RVSM airspace unless the aeroplane is equipped with an operative ACAS that

    • (a) meets the requirements of CAN-TSO-C119b or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that CAN-TSO provides; and

    • (b) is equipped with a Mode S transponder that meets the requirements of CAN-TSO-C112 or a more recent version of it.

  • (4) The air operator may operate the aeroplane without its being equipped with an operative ACAS if

    • (a) where a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the date of failure of the ACAS; or

    • (b) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the ACAS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.

  • (5) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day.

  • SOR/2007-133, s. 8
  • SOR/2009-280, ss. 37, 39 to 42
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