Canadian Aviation Regulations (SOR/96-433)

Application

406.02 This Subpart applies in respect of the operation of an aeroplane, helicopter, glider, balloon, gyroplane or ultra-light aeroplane in a flight training service toward obtaining any of the following:

• (a) for aeroplanes,

  • (i) a private pilot licence,

  • (ii) a commercial pilot licence,

  • (iii) a landplane or seaplane rating,

  • (iv) a flight instructor rating,

  • (v) a flight instructor rating — aerobatic,

  • (vi) an instrument rating,

  • (vii) a multi-engine class rating,

  • (viii) a night rating,

  • (ix) a VFR over-the-top rating,

  • (x) a pilot permit — recreational, or

  • (xi) experience in aerobatic manoeuvres;

• (b) for helicopters,

  • (i) a private pilot licence,

  • (ii) a commercial pilot licence,

  • (iii) a flight instructor rating,

  • (iv) an instrument rating,

  • (v) a night rating,

  • (vi) a VFR over-the-top rating, or

  • (vii) a pilot permit — recreational;

• (c) for gliders,

  • (i) a pilot licence,

  • (ii) a flight instructor rating,

  • (iii) a flight instructor rating — aerobatic, or

  • (iv) experience in aerobatic manoeuvres;

• (d) for balloons,

  • (i) a pilot licence,

  • (ii) a flight instructor rating, or

  • (iii) a night rating;

• (e) for gyroplanes,

  • (i) a pilot permit,

  • (ii) a flight instructor rating, or

  • (iii) a night rating; and

• (f) for ultra-light aeroplanes,

  • (i) a pilot permit,

  • (ii) a flight instructor rating, or

  • (iii) a passenger-carrying rating.

Requirement to Hold a Flight Training Unit Operator Certificate

• 406.03 (1) Subject to subsections (2) and (3), no person shall operate a flight training service in Canada using an aeroplane or helicopter in Canada unless the person holds a flight training unit operator certificate that authorizes the person to operate the service and complies with the conditions and operations specifications set out in the certificate.

• (2) A person who does not hold a flight training unit operator certificate may operate a flight training service if

  • (a) the person holds a private operator registration document or an air operator certificate, the aircraft used for training — in the case of the holder of an air operator certificate — is specified in the air operator certificate, and the training is other than toward obtaining a pilot permit — recreational, a private pilot licence, a commercial pilot licence or a flight instructor rating; or

  • (b) the trainee is

    • (i) the owner, or a member of the family of the owner, of the aircraft used for training,

    • (ii) a director of a corporation that owns the aircraft used for training, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence, or

    • (iii) using an aircraft that has been obtained from a person who is at arm’s length from the flight instructor, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence.

• (3) In the case of flight training conducted under subparagraph (2)(b)(iii), the flight instructor shall

  • (a) notify the Minister in writing of

    • (i) the name and address of the person to receive the training,

    • (ii) the registration of the aircraft to be used,

    • (iii) the type of training to be conducted,

    • (iv) the location of the training operations, and

    • (v) the name and licence number of the flight instructor; and

  • (b) provide the information to the Minister

    • (i) prior to commencing training operations,

    • (ii) within 10 working days after any change to the information, and

    • (iii) when the training is discontinued.

Eligibility to Hold a Flight Training Unit Operator Certificate

406.04 A person is eligible to hold a flight training unit operator certificate if the person is

• (a) a Canadian; or

• (b) a citizen, permanent resident or corporation of the United States of America or Mexico.

Notification Requirement

• 406.05 (1) No person shall operate a flight training unit using a glider, balloon, gyroplane or ultra-light aeroplane in Canada unless the person notifies the Minister in writing of

  • (a) the legal name, trade name and address of the operator of the flight training unit;

  • (b) the base of operations;

  • (c) the category of aircraft;

  • (d) the type of flight training to be conducted; and

  • (e) the name of the flight instructor who will be responsible for operational control of the flight training operations.

• (2) The information referred to in subsection (1) shall be provided to the Minister by the flight training unit

  • (a) prior to commencing flight training operations;

  • (b) within 10 working days after any change in the information; and

  • (c) upon the service being discontinued.

[406.06 to 406.10 reserved]

Division II — Certification

Issuance or Amendment of a Flight Training Unit Operator Certificate

• 406.11 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue or amend a flight training unit operator certificate where the applicant demonstrates to the Minister the ability to

  • (a) maintain an adequate organizational structure;

  • (b) maintain operational control;

  • (c) comply with maintenance requirements;

  • (d) meet the personnel licensing standards; and

  • (e) conduct the operation safely.

• (2) For the purposes of subsection (1), an applicant shall have

  • (a) a management organization capable of exercising operational control;

  • (b) managerial personnel who are employed on a full-time basis and who perform the duties related to the following positions:

    • (i) chief flight instructor,

    • (ii) flight instructor,

    • (iii) ground instructor, and

    • (iv) if the applicant does not hold an approved maintenance organization certificate, a maintenance manager;

  • (c) aircraft that are properly equipped for and flight crew members who are qualified for the type of flight training that is being conducted;

  • (d) an operational control system that meets the requirements of section 406.50;

  • (e) a training program that meets the requirements of this Subpart;

  • (f) legal custody and control of at least one aircraft or, in the case of an applicant for a flight training unit operator certificate who conducts an integrated course, one aircraft of each class of aircraft that is to be operated;

  • (g) in the case of an applicant for a flight training unit operator certificate who conducts an integrated course or who operates a sub-base, a flight training operations manual that meets the requirements of section 406.61 and, in the case of an applicant who conducts an integrated course, a training manual that meets the requirements of section 406.62; and

  • (h) a maintenance control system approved under this Subpart.

Contents of a Flight Training Unit Operator Certificate

406.12 A flight training unit operator certificate shall contain the following information:

• (a) the legal name, trade name and address of the flight training unit;

• (b) the number of the certificate;

• (c) the effective date of certification;

• (d) the date of issue of the certificate;

• (e) the general conditions identified in section 406.13;

• (f) specific conditions with respect to

  • (i) the main base and, if applicable, for flight training units conducting training in accordance with a flight training operations manual, sub-bases,

  • (ii) the class and type of aeroplane or the type of helicopter, and

  • (iii) the type of training authorized; and

• (g) where the flight training unit complies with the personnel licensing standards, operations specifications with respect to

  • (i) in the case of a flight training unit that operates aeroplanes or helicopters, the conduct of flight training operations on a temporary basis at a satellite base, and

  • (ii) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.

General Conditions of a Flight Training Unit Operator Certificate

406.13 A flight training unit operator certificate shall contain the following general conditions:

• (a) the flight training unit shall maintain the organizational structure referred to in paragraph 406.11(1)(a);

• (b) the flight training unit shall have the personnel referred to in the personnel licensing standards;

• (c) the flight training unit shall have aircraft that are properly equipped for the geographic area of operation and the type of authorized training;

• (d) the flight training unit shall maintain its aircraft in accordance with the maintenance requirements of Parts V and VI and Division IV of this Subpart;

• (e) the flight training unit shall conduct flight training in accordance with the provisions of Subpart 5 and Division V of this Subpart and, if the flight training unit conducts an integrated course or operates a sub-base, it shall also conduct flight training in accordance with the flight training operations manual;

• (f) the flight training unit shall, when required to establish and maintain a training manual in accordance with section 406.62, conduct training in accordance with that training manual; and

• (g) the flight training unit shall notify the Minister of any change in its legal name, trade name, base of operations or managerial personnel within 10 working days after the change.

• (h) [Repealed, SOR/2015-160, s. 19]

Quality Assurance Program — Integrated Course

406.14 A flight training unit that conducts an integrated course shall establish and maintain a quality assurance program that meets the requirements of section 426.14 of the personnel licensing standards in order to ensure that the flight training unit continues to comply with the conditions and specifications in the flight training unit operator certificate.

[406.15 to 406.18 reserved]

Division III — Personnel

Duties of Certificate Holder in Respect of Maintenance

• 406.19 (1) The holder of an operator certificate issued in respect of a flight training unit that operates an aeroplane or a helicopter shall

  • (a) appoint a person responsible for the maintenance control system;

  • (b) subject to subsection (4), ensure that the person responsible for the maintenance control system has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations;

  • (c) [Repealed, SOR/2022-246, s. 9]

  • (d) ensure that the person responsible for the maintenance control system performs the duties referred to in subsections 406.36(1) and 406.47(2) and (3);

  • (e) provide the person responsible for the maintenance control system with the financial and human resources necessary to ensure that the holder of the flight training unit operator certificate meets the requirements of these Regulations; and

  • (f) [Repealed, SOR/2022-246, s. 9]

  • (g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 406.47.

• (2) [Repealed, SOR/2022-246, s. 9]

• (3) [Repealed, SOR/2022-246, s. 9]

• (4) The knowledge requirement set out in paragraph (1)(b) does not apply in respect of

  • (a) a person responsible for the maintenance control system who held that position on January 1, 1997; or

  • (b) the holder of an aircraft maintenance engineer (AME) licence.

• (5) The holder of a flight training unit operator certificate shall ensure that no person is appointed to be responsible for the maintenance control system or remains responsible for the system if, at the time of their appointment or during their tenure, they have a record of conviction for

  • (a) an offence under section 7.3 of the Act; or

  • (b) two or more offences under any of sections 605.84 to 605.86 not arising from a single occurrence.

[406.20 reserved]

Appointment of Chief Flight Instructor

• 406.21 (1) Subject to subsections (3) and (4), a flight training unit shall

  • (a) appoint a chief flight instructor; and

  • (b) ensure that the person appointed as chief flight instructor meets the requirements set out in section 406.22.

• (2) A flight training unit shall inform the Minister within 10 working days after

  • (a) the appointment of a chief flight instructor; or

  • (b) any change in the appointment of a chief flight instructor.

• (3) With the authorization of the Minister, a flight training unit may, for a period of up to 60 days, continue flight training operations without a chief flight instructor if the flight training unit complies with the personnel licensing standards.

• (4) With the authorization of the Minister, a flight training unit may, for a period of up to six months, continue flight training operations with a chief flight instructor who is subject to a prohibition regarding the exercise of the privileges of a permit, licence or rating pursuant to section 404.06, if the flight training unit complies with the personnel licensing standards.