Canadian Aviation Regulations (SOR/96-433)

Examination Rules

901.84 No person shall commit an act referred to in paragraphs 901.58(a) to (c) in respect of an examination taken under paragraph 901.83(d).

Retaking of Examination

901.85 A person who fails an examination taken under paragraph 901.83(d) is ineligible to retake the examination for a period of 24 hours after the examination.

Training Provider Requirements

901.86 When a training provider has made a declaration to the Minister referred to in paragraph 901.82(1)(b), the provider shall

• (a) submit to the Minister the name of any person that is affiliated with the provider and who intends to perform the duties of a flight reviewer;

• (b) ensure that the person referred to in paragraph (a) conducts flight reviews in accordance with section 901.87; and

• (c) if the person referred to in paragraph (a) ceases to be affiliated with the provider, notify the Minister of that fact within seven days after the day on which the affiliation ceases.

Conduct of Flight Reviews

901.87 No person shall conduct a flight review for the purposes of subparagraph 901.56(1)(b)(ii), paragraph 901.64(c) or subparagraph 901.65(1)(b)(ii) unless the review is conducted in accordance with section 921.06 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS).

Subpart 2 — [Reserved]

Subpart 3 — Special Flight Operations — Remotely Piloted Aircraft Systems

Prohibition

903.01 No person shall conduct any of the following operations using a remotely piloted aircraft system that includes a remotely piloted aircraft having a maximum take-off weight of 250 g (0.55 pounds) or more unless the person complies with the provisions of a special flight operations certificate — RPAS issued by the Minister under section 903.03:

• (a) the operation of a system that includes a remotely piloted aircraft having a maximum take-off weight of more than 25 kg (55 pounds);

• (b) the operation of a system beyond visual line-of-sight, as referred to in subsection 901.11(2);

• (c) the operation of a system by a foreign operator or pilot who has been authorized to operate remotely piloted aircraft systems by the foreign state;

• (d) the operation of a remotely piloted aircraft at an altitude greater than those referred to in subsection 901.25(1), unless the operation at a greater altitude is authorized under subsection 901.71(2);

• (e) the operation of more than five remotely piloted aircraft at a time from a single control station, as referred to in subsection 901.40(2);

• (f) the operation of a system at a special aviation event or at an advertised event, as referred to in section 901.41;

• (g) the operation of a system when the aircraft is transporting any of the payloads referred to in subsection 901.43(1);

• (h) the operation of a remotely piloted aircraft within three nautical miles of an aerodrome operated under the authority of the Minister of National Defence, as referred to in subsection 901.47(3); and

• (i) any other operation of a system for which the Minister determines that a special flight operations certificate — RPAS is necessary to ensure aviation safety or the safety of any person.

Application for Special Flight Operations Certificate — RPAS

903.02 A person who proposes to operate a remotely piloted aircraft system for any operation set out in section 903.01 shall apply to the Minister for a special flight operations certificate — RPAS with regard to that operation by submitting the following information to the Minister at least 30 working days before the date of the proposed operation:

• (a) the legal name, trade name, address and contact information of the applicant;

• (b) the means by which the person responsible for the operation or the pilot may be contacted directly during operations;

• (c) the operation for which the application is made;

• (d) the purpose of the operation;

• (e) the dates, alternate dates and times of the operation;

• (f) the manufacturer and model of the system, including three-view drawings or photographs of the aircraft and a complete description of the aircraft, including performance, operating limitations and equipment;

• (g) a description of the safety plan for the proposed area of operation;

• (h) a description of the emergency contingency plan for the operation;

• (i) a detailed plan describing how the operation is to be carried out;

• (j) the names, certificates, licences, permits and qualifications of the crew members, including the pilots and visual observers, and the remotely piloted aircraft system maintenance personnel;

• (k) the instructions regarding the maintenance of the system and a description of how that maintenance will be performed;

• (l) a description of weather minima for the operation;

• (m) a description of separation and collision avoidance capability and procedures;

• (n) a description of normal and emergency procedures for the operation;

• (o) a description of air traffic control services coordination, if applicable; and

• (p) any other information requested by the Minister pertinent to the safe conduct of the operation.

Issuance of Special Flight Operations Certificate — RPAS

903.03 The Minister shall, on receipt of an application submitted in accordance with section 903.02, issue a special flight operations certificate — RPAS if the applicant demonstrates to the Minister the ability to perform the operation without adversely affecting aviation safety or the safety of any person.

Part X — Greenhouse Gas Emissions from International Aviation — CORSIA

Division I — General

Interpretation

1000.01 The following definitions apply in this Part.

CO₂

CO₂ means carbon dioxide. (CO₂)

compliance period

compliance period means one of the three-year periods set out in subsection 1020.01(2) of the CORSIA Standard. (période de conformité)

CORSIA

CORSIA means the International Civil Aviation Organization’s (ICAO) Carbon Offsetting and Reduction Scheme for International Aviation set out in Volume IV of Annex 16 to the Convention. (CORSIA)

CORSIA eligible emissions unit

CORSIA eligible emissions unit has the same meaning as in subsection 1020.01(1) of the CORSIA Standard. (unité d’émissions admissible du CORSIA)

CORSIA eligible fuel

CORSIA eligible fuel has the same meaning as in subsection 1020.01(1) of the CORSIA Standard. (carburant admissible CORSIA)

CORSIA Standard

CORSIA Standard means Standard 1020 — CORSIA, published by the Department of Transport. (Norme du CORSIA)

new entrant

new entrant has the same meaning as in CORSIA and, for the purposes of interpreting this definition, “aeroplane operator” is to be read as “private operator” or “air operator”. (nouveau venu)

Application

• 1000.02 (1) This Part applies to Canadian private operators and Canadian air operators that produce — from the use of one or more large aeroplanes — more than 10 000 t of CO₂ emissions from flights between contracting states during a calendar year.

• (2) For the purposes of subsection (1), the emissions are calculated in accordance with section 1000.03.

• (3) For the purposes of this Part, flights are attributed to a private operator or air operator in accordance with section 1020.02 of the CORSIA Standard and the flight departure time (UTC) determines the calendar year to which a flight belongs.

• (4) The following flights are exempt from the application of subsection (1):

  • (a) humanitarian flights;

  • (b) medical evacuation flights;

  • (c) fire-fighting flights; and

  • (d) positioning flights required in relation to the flights referred to in paragraphs (a) to (c).

Calculation Method

• 1000.03 (1) CO₂ emissions are to be determined using the following formula and expressed in tonnes:

  $\underset{f}{\Sigma }{M}_{f}x{\mathrm{FCF}}_f$

  where

  M_f

  is the mass of fuel f used, expressed in tonnes and calculated according to

  • (a) a method described in subsection 1020.03(1) of the CORSIA Standard, subject to subsection (2); or

  • (b) a method described in subsection 1020.03(2) of the CORSIA Standard; and

  FCF_f

  is the fuel conversion factor of given fuel f, expressed in kg CO₂/kg fuel, and is equal to

  • (a) 3.16 for Jet-A and Jet-A1 fuels; or

  • (b) 3.10 for aviation gasoline (AvGas) and Jet-B fuel.

• (2) For the purposes of the methods described in paragraphs 1020.03(1)(a) and (b) of the CORSIA Standard, if a flight is operated on behalf of a private operator or air operator, that operator must ensure that the fuel measurement values calculated according to the method described in paragraph 1020.03(1)(c) of the CORSIA Standard are provided to it and taken into account in its calculations.

[1000.04 to 1000.09 reserved]

Division II — Monitoring

Emissions Monitoring Plan

• 1000.10 (1) Within 90 days after the day on which a private operator or air operator becomes subject to this Part, the operator must submit to the Minister for approval an emissions monitoring plan for its flights between contracting states — other than flights referred to in subsection 1000.02(4) — that are conducted using one or more large aeroplanes.

• (2) The plan must contain the information referred to in subsections 1020.10(1) to (3) of the CORSIA Standard.

• (3) The private operator or air operator must choose one of the following monitoring methods:

  • (a) in the case of flights between states referred to in subsection 1020.10(4) of the CORSIA Standard,

    • (i) a method described in subsection 1020.03(1) or (2) of the CORSIA Standard, if the annual CO₂ emissions from those flights are less than 50 000 t, or

    • (ii) a method described in subsection 1020.03(1) of the CORSIA Standard, if the annual CO₂ emissions from those flights are equal to or greater than 50 000 t; or

  • (b) in any other case, a method described in subsection 1020.03(1) or (2) of the CORSIA Standard.

• (4) A private operator or air operator whose emissions monitoring plan was approved by the Minister before January 1, 2021 must submit to the Minister, no later than February 28, 2021,

  • (a) if the monitoring method identified in that plan meets the requirements of subsection (3), the information referred to in paragraphs 1020.10(2)(g), (i), (j) and (k) of the CORSIA Standard; or

  • (b) if the monitoring method identified in that plan does not meet the requirements of subsection (3), an amended plan for approval that identifies a method chosen in accordance with subsection (3) and contains the information referred to in subsection (2).

Approval

1000.11 The Minister must approve the emissions monitoring plan if

• (a) the information referred to in subsection 1000.10(2) is provided;

• (b) a monitoring method is chosen in accordance with subsection 1000.10(3); and

• (c) the information referred to in subsections 1020.10(2) and (3) of the CORSIA Standard and submitted in accordance with section 1000.10 is consistent with the chosen monitoring method and the activities of the private operator or air operator, as applicable.

Amendment

• 1000.12 (1) Subject to subsection (2), if any of the information referred to in subsection 1020.10(2) of the CORSIA Standard is amended, the private operator or air operator must submit an amended emissions monitoring plan to the Minister for approval before it is implemented.

• (2) If the information referred to in paragraph 1020.10(2)(i), (j) or (k) of the CORSIA Standard is amended, the private operator or air operator must submit an amended emissions monitoring plan to the Minister for approval no later than September 30 of the year preceding the beginning of the next compliance period.

• (3) If there is a change to the information referred to in subsection 1020.10(1) of the CORSIA Standard, the private operator or air operator must submit the updated information to the Minister without delay.

• (4) If the annual CO₂ emissions from a private operator’s or air operator’s flights between states referred to in subsection 1020.10(4) of the CORSIA Standard increase to an amount equal to or greater than 50 000 t for two consecutive years, the operator must choose a monitoring method in accordance with subparagraph 1000.10(3)(a)(ii) and submit an amended emissions monitoring plan to the Minister for approval before it is implemented and no later than September 30 of the year following the two consecutive years of increased emissions.

• (5) If the annual CO₂ emissions from a private operator’s or air operator’s flights between states referred to in subsection 1020.10(4) of the CORSIA Standard decrease to an amount less than 50 000 t for two consecutive years, the operator may choose a different monitoring method in accordance with subparagraph 1000.10(3)(a)(i) and, if a different monitoring method is chosen, must submit an amended emissions monitoring plan to the Minister for approval before it is implemented and no later than September 30 of the year following the two consecutive years of decreased emissions.

Implementation of Monitoring Plan

• 1000.13 (1) Subject to subsection (5), a private operator or air operator must implement its emissions monitoring plan as soon as it is approved.

• (2) Subject to subsections (3) to (5), the private operator or air operator must use the monitoring method identified in its approved emissions monitoring plan for at least an entire compliance period.

• (3) If a private operator or air operator changes its monitoring method in accordance with subsection 1000.12(4) or (5), the operator must use the new method beginning on January 1 of the year after the year in which the amended emissions monitoring plan is approved.

• (4) If a private operator or air operator changes its monitoring method as a corrective measure taken under subparagraph 1000.15(1)(a)(ii), the operator must use the new method as soon as its amended emissions monitoring plan is approved.

• (5) A new entrant must implement its approved emissions monitoring plan on January 1 of the year after the year during which the new entrant becomes subject to this Part.