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Canadian Aviation Regulations

Version of section 705.40 from 2019-08-08 to 2024-04-01:

  •  (1) An air operator shall establish procedures to ensure that

    • (a) passengers move to and from the aircraft and embark and disembark safely, in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator’s company operations manual;

    • (b) all passengers are seated and secured in accordance with subsection 605.26(1);

    • (c) subject to subsection (2), the back of each seat is in the upright position and all chair tables and carry-on baggage are stowed during movement on the surface, take-off and landing and at such other times as the pilot-in-command considers necessary for the safety of the persons on board the aircraft; and

    • (d) seats located at emergency exits and seats that are not located on the main deck of an aircraft are not occupied by passengers whose presence in those seats could adversely affect the safety of passengers or crew members during an emergency evacuation.

  • (2) An air operator may, for the transportation of any passenger who has been certified by a physician as unable to sit upright, allow the back of the seat occupied by such a passenger to remain in the reclining position during movement on the surface, take-off and landing if

    • (a) the passenger is seated in a location that will not restrict the evacuation of other passengers from the aircraft;

    • (b) the passenger is not seated in a row that is next to or immediately in front of an emergency exit; and

    • (c) the seat immediately behind the passenger’s seat is vacant.

  • (3) An air operator shall not permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the requirements set out in subsection 725.40(2) of Standard 725 — Airline Operations - Aeroplanes of the Commercial Air Service Standards.

  • (4) [Repealed, SOR/2019-296, s. 10]

  • SOR/2019-295, s. 16
  • SOR/2019-296, s. 10

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