Canadian Aviation Regulations (SOR/96-433)
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Regulations are current to 2024-10-14 and last amended on 2023-06-21. Previous Versions
Part VI — General Operating and Flight Rules (continued)
Subpart 4 — Private Operators (continued)
Division IV — Flight Operations — Special Authorizations (continued)
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Other Activities Approved by the Minister
604.74 (1) The Minister shall establish requirements in respect of an activity that is not set out in sections 604.48 to 604.60 and in respect of which a special authorization may be issued if
(a) the activity is subject to
(i) operational and technical requirements established by ICAO or by the civil aviation authority of a foreign state, or
(ii) a submission to the Minister, by a private operator, an air operator or a third party, that establishes operational and technical requirements and risk mitigation measures based on an analysis of aviation-safety-related hazards;
(b) in the case referred to in subparagraph (a)(i), the operational and technical requirements are necessary for the conduct of flights abroad or in Canada by private operators, and those flights can be conducted in a safe manner; and
(c) in the case referred to in subparagraph (a)(ii), the operational and technical requirements and risk mitigation measures ensure the safety of the flights conducted by private operators and will not have an adverse effect on aviation safety.
(2) If the Minister establishes requirements in respect of an activity referred to in subsection (1), no person shall, in an aircraft operated by a private operator, carry out the activity unless
(a) the private operator is authorized to carry out the activity under a special authorization;
(b) every flight crew member has received, if applicable, the training specified by the Minister under subsection (3) in respect of the activity, and the validity period for that training has not expired; and
(c) every flight crew member has demonstrated to the Minister the ability to carry out the activity in accordance with the operational and technical requirements referred to in subparagraph (1)(a)(i) or (ii), as applicable, and to take the measures that are necessary to manage or mitigate the risks associated with that activity.
(3) The Minister shall specify training in respect of an activity referred to in subsection (1) taking into account
(a) any training that is recommended by the civil aviation authority of a foreign state or by ICAO in respect of the activity;
(b) the risks and hazards associated with the activity with respect to the safety of the aircraft, persons or property; and
(c) the level of safety required by the activity.
- SOR/2014-131, s. 18
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Division V — Flight Operations — Passengers
604.81 [Reserved, SOR/2015-127, s. 11]
Cabin Safety
604.82 (1) No person shall conduct a take-off in an aircraft that is operated by a private operator and that has passengers on board, move the aircraft on the surface or direct that the aircraft be moved unless
(a) safety belts are adjusted and fastened in accordance with paragraph 605.26(1)(a), infants are held in accordance with paragraph 605.26(1)(b), and persons using child restraint systems are secured in accordance with paragraph 605.26(1)(c);
(b) subject to subsection (5), seat backs are secured in the upright position;
(c) chair tables are stowed;
(d) carry-on baggage is stowed; and
(e) no seat located at an emergency exit is occupied by a passenger — including a passenger who has not been informed as to how that exit operates — whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation.
(2) No person shall conduct a landing in an aircraft operated by a private operator unless
(a) passengers have been directed to
(i) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c),
(ii) subject to subsection (5), secure their seat backs in the upright position,
(iii) stow their chair tables, and
(iv) stow their carry-on baggage; and
(b) if a seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, the passenger has been directed to move to another seat.
(3) The pilot-in-command of an aircraft operated by a private operator shall, in the event of an emergency and if time and circumstances permit,
(a) direct passengers to
(i) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c),
(ii) subject to subsection (5), secure their seat backs in the upright position,
(iii) stow their chair tables,
(iv) stow their carry-on baggage,
(v) review the safety features card and assume the brace position until the aircraft stops moving, and
(vi) in the event of an emergency over water, don their life preservers; and
(b) if a seat located at an emergency exit is occupied by a passenger whose presence in that seat could adversely affect the safety of passengers or crew members during an evacuation, direct the passenger to move to another seat.
(4) The pilot-in-command of an aircraft operated by a private operator shall, if the “fasten safety belt” sign is turned on during the flight, direct passengers to
(a) adjust and fasten their safety belts in accordance with paragraph 605.26(1)(a), hold infants in accordance with paragraph 605.26(1)(b), and secure persons using child restraint systems in accordance with paragraph 605.26(1)(c); and
(b) stow their carry-on baggage.
(5) The seat of a passenger who is certified by a physician as unable to sit upright may remain in the reclining position during movement on the surface, take-off and landing if
(a) the passenger is not seated in a location that would restrict the evacuation of 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.
- SOR/2014-131, s. 18
Fuelling with Passengers on Board
604.83 (1) No person operating an aircraft operated by a private operator shall permit the fuelling of the aircraft while passengers are on board or are embarking or disembarking, unless
(a) in order for persons on board the aircraft to be notified promptly of a situation that could threaten their safety, two-way communication is maintained between the ground personnel supervising the fuelling and a person on board the aircraft who has received training in emergency evacuation procedures for that aircraft type;
(b) no ground power generator or other electrical ground power supply is being connected to or disconnected from the aircraft;
(c) no combustion heater installed on the aircraft is being used;
(d) every combustion heater used in the vicinity of the aircraft has a marking, applied by the manufacturer, indicating that the heater is manufactured to Canadian Standards Association (CSA) or Underwriters Laboratories of Canada (ULC) standards;
(e) no high-energy-emitting equipment, including high-frequency radios and airborne weather radar, is being operated unless the aircraft flight manual contains procedures for its use during fuelling and those procedures are followed;
(f) no aircraft battery is being removed or being installed;
(g) no external battery charger is being operated or is being connected to or disconnected from an aircraft battery;
(h) no auxiliary power unit having an efflux that discharges into the fuelling safety zone is started after filler caps are removed or fuelling connections are made;
(i) no auxiliary power unit that is stopped is restarted until the flow of fuel has ceased, unless the aircraft flight manual establishes procedures for restarting the unit during fuelling and those procedures are followed;
(j) no tool that is likely to produce a spark or electric arc is being used;
(k) no photographic equipment is being used within the fuelling safety zone;
(l) the fuelling is suspended if there is a lightning discharge within eight kilometres of the aerodrome;
(m) the fuelling is carried out in accordance with the aircraft manufacturer’s instructions;
(n) the aircraft emergency lighting system, if any, is armed or on;
(o) “no smoking” signs, if any, on board the aircraft are illuminated;
(p) no passenger is smoking or otherwise producing a source of ignition;
(q) two exits, one of which is the door through which passengers embarked, are free of obstruction and are available for immediate use by passengers and crew members in the event of an evacuation;
(r) the escape route from each of the exits referred to in paragraph (q) is free of obstruction and is available for immediate use by passengers and crew members in the event of an evacuation;
(s) a person who is authorized by the private operator to suspend fuelling is on board the aircraft and is ready to direct the suspension of fuelling if a requirement of this subsection ceases to be met;
(t) a means of evacuation is in place at the door used for the embarkation or disembarkation of passengers, is free of obstruction and is available for immediate use by passengers and crew members;
(u) the person on board the aircraft who has received the training referred to in paragraph (a) is ready to initiate and oversee an evacuation and is at or near the door referred to in paragraph (v); and
(v) the embarkation door is open, unless
(i) a crew member determines that, for climatic reasons, it is desirable to close it,
(ii) a crew member is on board the aircraft, and
(iii) the door
(A) opens inward or can be fully opened to the exterior without the need to reposition the loading stairs or stand,
(B) is latched, if that is necessary in order to keep it closed, and
(C) is not locked.
(2) The person who is authorized by the private operator to suspend fuelling shall direct the suspension of fuelling if a requirement of subsection (1) ceases to be met.
(3) For the purposes of subsection (1), fuelling safety zone means an area that extends three metres (10 feet) radially from the filling and venting points on the aircraft and from the fuelling equipment.
- SOR/2014-131, s. 18
- SOR/2019-122, s. 13(F)
Fuelling with Passengers on Board and an Engine Running
604.84 (1) Despite section 602.09, a person operating an aircraft operated by a private operator may permit the fuelling of the aircraft while an engine used for the propulsion of the aircraft is running and passengers are on board or are embarking or disembarking, if
(a) the requirements set out in subsection 604.83(1) are met;
(b) the aircraft flight manual indicates that the engine that is running may be used as an auxiliary power unit; and
(c) the engine that is running has a propeller brake and that brake is set.
(2) The person who is authorized by the private operator to suspend fuelling shall direct the suspension of fuelling if a requirement of subsection (1) ceases to be met.
- SOR/2014-131, s. 18
Briefing of Passengers
604.85 (1) Despite section 602.89, no person shall conduct a take-off in an aircraft operated by a private operator unless passengers are given a safety briefing — orally by a crew member, or by audio or audiovisual means — that contains the following information:
(a) when and where carry-on baggage is to be stowed;
(b) when and how to fasten, adjust and release safety belts and, if any, shoulder harnesses;
(c) when seat backs are to be secured in the upright position and chair tables are to be stowed;
(d) the location of emergency exits and, in the case of a passenger seated next to such an exit, how that exit operates;
(e) the requirement to comply with the instructions given by crew members and with the “fasten safety belt” and “no smoking” signs, and the location of those signs;
(f) the location and operation of the passenger oxygen system, if any, including
(i) the actions to be performed by a passenger in order to
(A) obtain a mask,
(B) activate the flow of oxygen, and
(C) don and secure the mask, and
(ii) the recommendation that a passenger don and secure the passenger’s own mask before assisting another passenger with his or her mask;
(g) the use of life preservers, including how to remove them from their packaging, how to don them and when to inflate them;
(h) when and where smoking is prohibited;
(i) the location of the emergency equipment required under sections 602.62, 602.63, 604.116 and 604.117, and how to access that equipment;
(j) the portable electronic devices that may be used, and when they may be used; and
(k) the location and purpose of the safety features card.
(2) Despite subsection (1), a person may conduct a take-off in an aircraft operated by a private operator without a safety briefing being given to the passengers if
(a) the flight is the second or subsequent flight in a series of flights;
(b) no additional passengers have embarked on board the aircraft; and
(c) a crew member has verified that
(i) carry-on baggage is stowed,
(ii) safety belts and, if any, shoulder harnesses are properly adjusted and securely fastened,
(iii) seat backs are secured in the upright position, and
(iv) chair tables are stowed.
(3) Despite subsection (1), a person may conduct a take-off in an aircraft operated by a private operator without a safety briefing being given to the passengers if each passenger on board the aircraft has, within the 12 months preceding the date of the take-off, received the information referred to in subsection (1) and training in the performance of the following actions:
(a) fastening, adjusting and releasing safety belts and, if any, shoulder harnesses;
(b) operating each type of floor-level exit and window emergency exit;
(c) identifying the location of the passenger oxygen system, if any, and performing the actions necessary in order to
(i) obtain a mask,
(ii) activate the flow of oxygen, and
(iii) don and secure the mask;
(d) identifying the location of life preservers, if any, removing them from their packaging, donning them and inflating them; and
(e) identifying the location of the emergency equipment required by sections 602.62, 602.63, 604.116 and 604.117 and accessing that equipment.
(4) A private operator shall record the name of every passenger who receives the training referred to in subsection (3) and the date on which the training is received. The private operator shall retain the record for two years after the day on which the most recent entry was made.
(5) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations or because the passenger is responsible for another person on board the aircraft, the passenger shall, subject to subsection (6), be given a safety briefing that consists of
(a) communication of the elements of the safety briefing referred to in subsection (1) that
(i) the passenger is not able to receive either during that briefing or by referring to the safety features card, and
(ii) are necessary for the safety of the persons on board the aircraft;
(b) communication of
(i) the most appropriate brace position for the passenger, given the passenger’s condition, injury or stature and the orientation and pitch of his or her seat, and
(ii) where the passenger’s service animal, if any, is to be located;
(c) in the case of a mobility-impaired passenger who would require assistance in order to move to an exit in the event of an emergency, communication of
(i) the most appropriate exit for the passenger,
(ii) the assistance that the passenger would require to reach that exit,
(iii) the most appropriate means of providing that assistance,
(iv) the most appropriate route to that exit, and
(v) the most appropriate time to begin to move to that exit;
(d) in the case of a visually impaired passenger,
(i) a tactile familiarization with
(A) the equipment that the passenger may be required to use in the event of an emergency, and
(B) if requested, the exits, and
(ii) communication of
(A) where the passenger’s cane, if any, is to be stored,
(B) the number of rows of seats separating the passenger’s seat from the closest exit and from the alternate exit, and
(C) the features of those exits;
(e) in the case of a passenger who is responsible for another person on board the aircraft, communication of
(i) if the passenger is responsible for an infant,
(A) the requirement to fasten the passenger’s safety belt and, if any, the passenger’s shoulder harness and not to secure the infant in that safety belt or shoulder harness,
(B) how to hold the infant during take-off and landing,
(C) how to use the child restraint system, if any,
(D) how to place and secure the oxygen mask on the infant’s face,
(E) the most appropriate brace position for the passenger, and
(F) the location of the infant’s life preserver, how to remove it from its location and its packaging, how to assist the infant with donning it and when to inflate it, and
(ii) if the passenger is responsible for a person, other than an infant,
(A) how to assist that person with donning and securing his or her oxygen mask, and
(B) how to use that person’s personal restraint system, if any, on board the aircraft; and
(f) in the case of an unaccompanied minor, communication of the need to pay close attention to the safety briefing.
(6) A passenger may decline the safety briefing referred to in subsection (5).
(7) No person shall permit passengers to disembark from an aircraft operated by a private operator unless the passengers are given a safety briefing — orally by a crew member, or by audio or audiovisual means — that contains the following information:
(a) the safest route for passengers to take in order to move away from the aircraft; and
(b) the hazards, if any, associated with the aircraft, including the location of Pitot tubes, propellers, rotors and engine intakes.
- SOR/2014-131, s. 18
- SOR/2019-122, s. 14
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