Canadian Aviation Regulations (SOR/96-433)

Subpart 2 — Airports

Division I — General

Application

• 302.01 (1) Subject to subsection (2), this Subpart applies in respect of

  • (a) an aerodrome that is located within the built-up area of a city or town;

  • (b) a land aerodrome that is used by an air operator for the purpose of a scheduled service for the transport of passengers; and

  • (c) any other aerodrome, other than an aerodrome referred to in subsection (2), in respect of which the Minister is of the opinion that meeting the requirements necessary for the issuance of an airport certificate would be in the public interest and would further the safe operation of the aerodrome.

• (2) This Subpart does not apply in respect of

  • (a) a military aerodrome;

  • (b) a land aerodrome referred to in paragraph (1)(b) where the Minister has issued a written authorization for each air operator using the aerodrome to land at and take-off from the aerodrome; or

  • (c) heliports.

• (3) The Minister shall issue an authorization referred to in paragraph (2)(b) where it is possible to specify conditions in the authorization that will ensure a level of safety in respect of the use of the aerodrome that is equivalent to the level of safety established by this Subpart, and, in any such authorization, the Minister shall specify those conditions.

Application for Airport Certificate

• 302.02 (1) An applicant for an airport certificate shall submit to the Minister for approval

  • (a) an application for an airport certificate; and

  • (b) a copy of the proposed airport operations manual in respect of the airport.

• (1.1) The applicant shall include in the application proof that the applicant has consulted with the interested parties in accordance with the requirements of Subpart 7.

• (2) The application shall be signed in ink by the applicant and shall be in the form set out in the aerodrome standards and recommended practices publications.

Issuance of Airport Certificate

• 302.03 (1) Subject to subsection 6.71(1) of the Act, the Minister shall issue an airport certificate to an applicant authorizing the applicant to operate an aerodrome as an airport if the proposed airport operations manual, submitted pursuant to paragraph 302.02(1)(b), is approved by the Minister pursuant to subsection (2) and

  • (a) the standards set out in the aerodrome standards and recommended practices publications are met; or

  • (b) on the basis of an aeronautical study, the Minister determines that

    • (i) the level of safety at the aerodrome is equivalent to that provided for by the standards set out in the aerodrome standards and recommended practices publications, and

    • (ii) the issuance of the airport certificate is in the public interest and not detrimental to aviation safety.

• (2) The Minister shall approve a proposed airport operations manual if it

  • (a) accurately describes the physical specifications of the aerodrome; and

  • (b) conforms to the requirements set out in the aerodrome standards and recommended practices publications that apply in respect of an airport operations manual.

• (3) Where an aerodrome does not meet a standard set out in the aerodrome standards and recommended practices publications, the Minister may specify in the airport certificate such conditions relating to the subject-matter of the standard as are necessary to ensure a level of safety equivalent to that established by the standard and as are necessary in the public interest and to ensure aviation safety.

Transfer of Airport Certificate

• 302.04 (1) When an airport certificate is transferred, it shall be transferred in accordance with this section.

• (2) The Minister shall transfer an airport certificate to a transferee where

  • (a) the current holder of the airport certificate, at least 14 days before ceasing to operate the airport, notifies the Minister in writing that the current holder will cease to operate the airport as of the date specified in the notice;

  • (b) the current holder of the airport certificate notifies the Minister in writing of the name of the transferee;

  • (c) the transferee applies in writing to the Minister, within 14 days before the current holder ceases to operate the airport, for the airport certificate to be transferred to the transferee; and

  • (d) the requirements set out in section 302.03 are met.

• (3) An application referred to in paragraph (2)(c) shall include a copy of the notice referred to in paragraph (2)(a).

Interim Airport Certificate

• 302.05 (1) The Minister may, by mail, telex or facsimile machine, issue to an applicant referred to in section 302.03 or a transferee referred to in section 302.04 an interim airport certificate authorizing the applicant or transferee to operate an aerodrome as an airport if the Minister is satisfied that

  • (a) an airport certificate in respect of the aerodrome will be issued to the applicant or transferred to the transferee as soon as the application procedure in respect of the issuance or transfer is completed; and

  • (b) the issuance of the interim airport certificate is in the public interest and not detrimental to aviation safety.

• (2) An interim airport certificate issued pursuant to subsection (1) expires on the earlier of

  • (a) the date on which the airport certificate is issued or transferred, and

  • (b) the date specified in the interim airport certificate on which it will expire.

• (3) Except for paragraph 302.02(1)(b), subsections 302.03(1) and (2) and section 302.08, this Subpart applies in respect of an interim airport certificate in the same manner as it applies in respect of an airport certificate.

Amendment and Cancellation of Airport Certificate

• 302.06 (1) The Minister may, if the requirements of section 302.03 and paragraph 302.08(1)(c) are met, amend an airport certificate where

  • (a) there is a change in the use or operation of the airport;

  • (b) there is a change in the boundaries of the airport; or

  • (c) the holder of the airport certificate requests the amendment.

• (2) The Minister shall cancel an airport certificate where this Subpart no longer applies in respect of the aerodrome referred to in the airport certificate, as determined in accordance with section 302.01.

Obligations of Operator

• 302.07 (1) The operator of an airport shall

  • (a) comply

    • (i) subject to subparagraph (ii), with the standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the airport certificate was issued,

    • (ii) in respect of any part or facility of the airport that has been replaced or improved, with the standards set out in the aerodrome standards and recommended practices publications, as they read on the date on which the part or facility was returned to service, and

    • (iii) with any conditions specified in the airport certificate by the Minister pursuant to subsection 302.03(3);

  • (b) without charge, at the request of a Department of Transport inspector, allow access to airport facilities and provide the equipment necessary to conduct an inspection of the airport;

  • (c) review each issue of each aeronautical information publication on receipt thereof and, immediately after such review, notify the Minister of any inaccurate information contained therein that pertains to the airport;

  • (d) notify the Minister in writing at least 14 days before any change to the airport, the airport facilities or the level of service at the airport that has been planned in advance and that is likely to affect the accuracy of the information contained in an aeronautical information publication;

  • (e) as the circumstances require for the purpose of ensuring aviation safety, inspect the airport

    • (i) as soon as practicable after any aviation occurrence, as that term is defined in section 2 of the Canadian Transportation Accident Investigation and Safety Board Act,

    • (ii) during any period of construction or repair of the airport or of airport facilities that are designated in the airport certificate, and

    • (iii) at any other time when there are conditions at the airport that could be hazardous to aviation safety;

  • (f) subject to paragraph (d), notify the Minister in writing of any change in airport operations within 14 days after the date of the change; and

  • (g) assign duties on the movement area and any other area set aside for the safe operation of aircraft, including obstacle limitation surfaces, at the airport, which are described in the airport operations manual, only to employees who have successfully completed a safety-related initial training course on human and organizational factors.

• (2) Subject to subsection (3), the operator of an airport shall give to the Minister, and cause to be received at the appropriate air traffic control unit or flight service station, immediate notice of any of the following circumstances of which the operator has knowledge:

  • (a) any projection by an object through an obstacle limitation surface relating to the airport;

  • (b) the existence of any obstruction or hazardous condition affecting aviation safety at or in the vicinity of the airport;

  • (c) any reduction in the level of services at the airport that are set out in an aeronautical information publication;

  • (d) the closure of any part of the manoeuvring area of the airport; and

  • (e) any other conditions that could be hazardous to aviation safety at the airport and against which precautions are warranted.

• (3) Where it is not feasible for an operator to cause notice of a circumstance referred to in subsection (2) to be received at the appropriate air traffic control unit or flight service station, the operator shall give immediate notice directly to the pilots who may be affected by that circumstance.

• (4) The operator of an airport may remove from the surface of the airport any vehicle or other obstruction that is likely to be hazardous to aviation safety at or in the vicinity of the airport.