Canadian Aviation Regulations (SOR/96-433)

Issuance of Special Authorization

• 604.05 (1) A private operator who wishes to operate an aircraft under a special authorization shall submit to the Minister an application that

  • a) identifies the activity referred to in Division IV that the applicant wishes to carry out; and

  • b) includes a copy of the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization requested.

• (2) The Minister shall, on receipt of the application referred to in subsection (1), issue a special authorization to the applicant if the applicant

  • (a) holds a private operator registration document;

  • (b) is able to meet the requirements of Division IV relating to the special authorization requested; and

  • (c) has an operations manual that sets out the processes, practices and procedures that are necessary to meet the requirements of Division IV relating to the special authorization requested.

Notice to the Minister

604.06 A private operator shall notify the Minister if a change is made to the information contained in an application submitted under subsection 604.04(1) within ten days after the day on which the change is made.

Amendment of Private Operator’s Operations Manual

604.07 A private operator who has been issued a special authorization, and who amends the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization, shall submit to the Minister a copy of that part of the operations manual within ten days after the day on which the amendment is made.

Duties of a Private Operator

604.08 A private operator shall

• (a) ensure that no person is appointed operations manager or chief pilot or continues to serve as operations manager or chief pilot if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for

  • (i) an offence under section 7.3 of the Act, or

  • (ii) two or more offences under these Regulations that did not arise from a single incident;

• (b) ensure that no person is appointed maintenance manager or continues to serve as maintenance manager if, at the time of the person’s appointment or during the person’s tenure, the person has a record of conviction for an offence under section 7.3 of the Act;

• (c) ensure that the operations manager performs the duties set out in section 604.204;

• (d) perform the duties set out in section 604.208; and

• (e) provide the operations manager and the maintenance manager with the financial and human resources necessary to ensure that the private operator meets the requirements of these Regulations.

Accountability

• 604.09 (1) No operations manager, no chief pilot and no maintenance manager shall assign to another person a management function for which he or she is responsible and accountable unless the private operator’s operations manual

  • (a) identifies the functions that may be assigned;

  • (b) identifies either by name or by position the persons to whom those functions may be assigned; and

  • (c) describes the scope of the assignment.

• (2) The responsibility and accountability of an operations manager, a chief pilot and a maintenance manager are not affected by the assignment of a management function to another person under subsection (1).

[604.10 to 604.24 reserved]

604.21 [Repealed, SOR/2014-131, s. 18]

604.22 [Repealed, SOR/2014-131, s. 18]

604.23 [Repealed, SOR/2014-131, s. 18]

604.24 [Repealed, SOR/2014-131, s. 18]

Division II — Flight Operations

Operational Control System

• 604.25 (1) A private operator shall have an operational control system that is adapted to the complexity of the private operator’s operations and to the private operator’s area of operation, and that meets the requirements of subsections (2) and (3).

• (2) The operational control system shall include procedures for ensuring that

  • (a) all the operational requirements specified in this Subpart are met;

  • (b) each aircraft is operated within the weight and balance limits specified in the aircraft flight manual;

  • (c) the names of the persons on board an aircraft are recorded by the private operator before each flight; and

  • (d) search and rescue authorities are notified in a timely manner if a flight is overdue or missing.

• (3) The operational control system shall include

  • (a) pilot self-dispatch procedures that set out the following elements:

    • (i) flight planning requirements,

    • (ii) the timing within which a flight crew member must inform the private operator of an aircraft’s departure and arrival, and

    • (iii) a method of confirming that an aircraft has arrived safely at an unattended aerodrome during a VFR flight or that an IFR flight plan has been cancelled prior to landing; or

  • (b) co-authority dispatch procedures that set out the following elements:

    • (i) flight planning requirements,

    • (ii) flight following requirements,

    • (iii) flight watch requirements,

    • (iv) a method of confirming that an aircraft has arrived safely at an unattended aerodrome during a VFR flight or that an IFR flight plan has been cancelled prior to landing,

    • (v) the method by which the operational flight plan is approved and recorded by the pilot-in-command and the flight dispatcher,

    • (vi) if operational flight plans are prepared and accepted for a series of flights, the method by which any changes to those plans are approved and recorded by the pilot-in-command and the flight dispatcher,

    • (vii) if flight planning and flight watch are two separate functions, the method of switching from one to the other, and

    • (viii) a means to ensure that, at each location where a flight originates, the pilot-in-command will

      • (A) receive meteorological information related to the flight,

      • (B) receive a copy of the operational flight plan, and

      • (C) can contact the responsible flight dispatcher prior to take-off.

• (4) Documentation related to the operational control of a flight shall be retained by the private operator for at least 180 days after the day on which the flight is completed.

Designation of Pilot-in-command and Second-in-command

• 604.26 (1) A private operator shall designate, for each flight, a pilot-in-command or, if the crew includes two or more flight crew members, a pilot-in-command and a second-in-command.

• (2) The private operator shall record the name of the pilot-in-command and, if applicable, second-in-command designated for each flight under subsection (1) and shall retain the record for at least 180 days after the day on which the flight is completed.

Flight Dispatchers and Flight Followers

604.27 A flight dispatcher and a flight follower shall, in respect of a flight conducted by a private operator,

• (a) perform flight following and flight watch;

• (b) provide any operational information requested by a flight crew member; and

• (c) notify search and rescue authorities in a timely manner if a flight is overdue or missing.

Instrument Approaches — Landing

604.28 No person shall, in an aircraft operated by a private operator, conduct a landing following an instrument approach unless, immediately before landing, the pilot-in-command ascertains, by means of radiocommunication or visual inspection,

• (a) the condition of the runway or surface of intended landing; and

• (b) the wind direction and speed.

[604.29 to 604.35 reserved]

604.29 [Repealed, SOR/2005-341, s. 5]

Division III — Flight Operations — Documents

Checklist

• 604.36 (1) A private operator shall provide every crew member with the checklist referred to in paragraph 602.60(1)(a) or with the part of the checklist that is necessary for the performance of the crew member’s duties.

• (2) Every crew member shall follow, in the performance of his or her duties, the checklist or part of the checklist referred to in subsection (1).

Aircraft Operating Manual

• 604.37 (1) A private operator may establish an aircraft operating manual for the operation of its aircraft.

• (2) An aircraft operating manual shall

  • (a) contain aircraft operating procedures that are consistent with those contained in the aircraft flight manual;

  • (b) contain, if the aircraft flight manual is not carried on board the aircraft, the aircraft performance data and limitations specified in that manual, and clearly identify them as aircraft flight manual requirements;

  • (c) contain the private operator’s standard operating procedures, if any; and

  • (d) identify the aircraft to which it relates.

Operational Flight Data Sheet

• 604.38 (1) No person shall conduct a take-off in an aircraft operated by a private operator unless an operational flight data sheet has been prepared and contains the following information:

  • (a) the date of the flight;

  • (b) the aircraft’s nationality mark and registration mark;

  • (c) the name of the pilot-in-command;

  • (d) the departure aerodrome;

  • (e) the destination aerodrome;

  • (f) the alternate aerodrome, if any;

  • (g) the estimated flight time;

  • (h) the fuel endurance;

  • (i) the weight of the fuel on board the aircraft;

  • (j) the zero fuel weight of the aircraft;

  • (k) the take-off weight and centre of gravity of the aircraft;

  • (l) the number of persons on board the aircraft;

  • (m) the proposed time of departure; and

  • (n) the estimated time of arrival.

• (2) The pilot-in-command of an aircraft referred to in subsection (1) shall, on the completion of each flight, record on the operational flight data sheet the flight time, time of departure, time of arrival and aerodrome of arrival.

• (3) The private operator shall retain a copy of the operational flight data sheet for at least 180 days after the day on which the flight is completed.

[604.39 to 604.45 reserved]

Division IV — Flight Operations — Special Authorizations

Minimum Performance Capability of Long-range Navigation Systems

• 604.46 (1) For the purposes of this Division, a long-range navigation system shall have the following performance capability:

  • (a) the standard deviation of the lateral track deviations is less than 6.3 nautical miles;

  • (b) the proportion of the total flight time that is spent by the aircraft at a distance of 30 or more nautical miles from the cleared track is less than 5.3 x 10^-4; and

  • (c) the proportion of the total flight time that is spent by the aircraft at a distance of 50 to 70 nautical miles from the cleared track is less than 1.3 x 10^-4.

• (2) For the purposes of this Division, a global navigation satellite system (GNSS) receiver is considered to be a long-range navigation system if it is installed in accordance with the requirements of Advisory Circular 20-138B, entitled Airworthiness Approval of Positioning and Navigation Systems, dated September 27, 2010 and published by the Federal Aviation Administration of the United States, as amended from time to time.

General Prohibition — Special Authorizations

• 604.47 (1) Subject to subsection (2), no person shall carry out any activity referred to in this Division or in respect of which the Minister has established requirements under subsection 604.74(1) unless that person is a private operator.

• (2) A person other than a private operator may conduct an instrument approach using a GNSS receiver to the following minima:

  • (a) lateral navigation (LNAV);

  • (b) lateral navigation/vertical navigation (LNAV/VNAV);

  • (c) localizer performance without vertical guidance (LP); and

  • (d) localizer performance with vertical guidance (LPV).

No Alternate Aerodrome — IFR Flight

• 604.48 (1) For the purposes of section 602.122, a pilot-in-command may conduct an IFR flight in an aircraft operated by a private operator when an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary if

  • (a) the private operator is authorized to do so under a special authorization;

  • (b) the estimated flight time is not more than six hours and the departure aerodrome is located in North America, Bermuda or the Caribbean islands;

  • (c) the forecast or reported weather at the destination aerodrome, from one hour before until one hour after the estimated time of arrival, does not include

    • (i) conditions, including fog or precipitation, that restrict flight visibility to less than three miles,

    • (ii) a thunderstorm,

    • (iii) a ceiling of less than 1,000 feet above the FAF altitude and a ground visibility of less than three miles,

    • (iv) a ceiling of less than 1,500 feet above the minimum descent altitude and a ground visibility of less than six miles, or

    • (v) freezing rain, freezing drizzle or sleet;

  • (d) the destination aerodrome

    • (i) has at least two runways that are

      • (A) operational,

      • (B) separate and not reciprocal directions of the same runway, and

      • (C) suitable for the aircraft on the basis of the aircraft operating procedures, the aircraft performance data and limitations specified in the aircraft flight manual, and the factors that affect the performance of the aircraft, such as atmospheric and surface conditions, and

    • (ii) is equipped with an emergency electrical power supply to operate the equipment and facilities that are essential for a safe landing of the aircraft in the event of a failure of the main electrical power supply; and

  • (e) every flight crew member has received training, for which the validity period has not expired, in the conduct of an IFR flight when an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary.

• (2) If the requirements of paragraphs (1)(a) to (e) are met, and regardless of the departure aerodrome, the pilot-in-command of an aircraft that is operated by a private operator, and that is on a flight to a destination aerodrome in Canada, may file a new IFR flight plan or a new IFR flight itinerary that does not include an alternate aerodrome when the aircraft is within six hours’ flight time of the destination aerodrome.