Canadian Aviation Regulations (SOR/96-433)

ELT — Frequencies

• 605.38.1 (1) No person shall operate an aircraft under a private operator registration document or in a commercial air service unless the aircraft is equipped with one or more ELTs that transmit simultaneously on the 406 MHz and 121.5 MHz frequencies.

• (2) A person may operate an aircraft, other than an aircraft referred to in subsection (1), if it is equipped with one or more ELTs that transmit on one or both of the following frequencies:

  • (a) 121.5 MHz; and

  • (b) 406 MHz.

Use of ELTs

• 605.39 (1) An aircraft that is required to be equipped with one or more ELTs under section 605.38 may be operated without a serviceable ELT if the operator

  • (a) repairs the ELT or removes it from the aircraft at the first aerodrome at which repairs or removal can be accomplished;

  • (b) on removal of the ELT, sends the ELT to a maintenance facility; and

  • (c) displays on a readily visible placard within the aircraft cockpit, until the ELT is replaced, a notice stating that the ELT has been removed and setting out the date of its removal.

• (2) If an aircraft is required to have one ELT under section 605.38, the operator shall re-equip the aircraft with a serviceable ELT within

  • (a) 10 days after the date of removal, if the aircraft is operated under Subpart 4 or 5 of Part VII; or

  • (b) 30 days after the date of removal in the case of any other aircraft.

• (3) If an aircraft is required to have two ELTs under section 605.38, the operator shall

  • (a) if one of the ELTs is unserviceable, repair or replace it within 10 days after the date of removal; and

  • (b) if both ELTs are unserviceable, repair or replace

    • (i) one ELT at the first aerodrome at which a repair or replacement can be accomplished, and

    • (ii) the second ELT within 10 days after the date of removal.

ELT Activation

• 605.40 (1) Subject to subsection (2), no person shall activate an ELT except in an emergency.

• (2) A person may activate an ELT, in accordance with the manufacturer’s instructions, for the purpose of testing the ELT for a duration of not more than five seconds during the first five minutes of any hour UTC in the case of an ELT that transmits on the 121.5 MHz frequency or an ELT that transmits on both the 406 MHz and the 121.5 MHz frequencies.

• (3) If an ELT has been inadvertently activated during flight, the pilot-in-command of the aircraft shall ensure, as soon as feasible, that

  • (a) the nearest air traffic control unit, flight service station or community aerodrome radio station is so informed; and

  • (b) the ELT is deactivated.

Third Attitude Indicator

• 605.41 (1) No person shall conduct a take-off in a turbo-jet-powered aeroplane that is operated under Part VII without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aeroplane

  • (a) has a MCTOW of less than 5 700 kg (12,566 pounds); and

  • (b) was operated in Canada in a commercial air service on October 10, 1996.

• (2) No person shall conduct a take-off in a transport category aircraft without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aircraft

  • (a) is a transport category helicopter not operated in IFR flight;

  • (b) is a transport category aeroplane powered by reciprocating engines that was manufactured before January 1, 1998; or

  • (c) is not operated pursuant to Part VII.

• (3) No person shall conduct a take-off in a turbo-propeller powered aeroplane that is operated under Part VII without a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards unless the aeroplane

  • (a) has a passenger seating configuration, excluding pilot seats, of 30 or fewer;

  • (b) has a payload capacity of 3 402 kg (7,500 pounds) or less; and

  • (c) was manufactured prior to March 20, 1997.

• (4) After December 20, 2010, no person shall conduct a take-off in a turbo-propeller powered aeroplane having a passenger seating configuration, excluding pilot seats, of 10 or more, and operated under Part VII, unless the aeroplane is equipped with a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards.

TAWS

• 605.42 (1) Subject to subsection (2), no operator shall operate a turbine-powered aeroplane that has a seating configuration, excluding pilot seats, of six or more, unless the aeroplane is equipped with an operative TAWS that

  • (a) meets the requirements for Class A or Class B equipment set out in CAN-TSO-C151a or a more recent version of it;

  • (b) meets the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and

  • (c) has a terrain and airport database compatible with the area of operation.

• (2) The operator may operate the aeroplane without its being equipped with an operative TAWS if

  • (a) the aeroplane is operated in day VFR only;

  • (b) in the event that a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the day on which the failure of the TAWS occurs; or

  • (c) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.

• (3) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day.

[605.43 to 605.83 reserved]

Division III — Aircraft Maintenance Requirements

Aircraft Maintenance — General

• 605.84 (1) Subject to subsections (3) and (4), no person shall conduct a take-off or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, unless the aircraft

  • (a) is maintained in accordance with any airworthiness limitations applicable to the aircraft type design;

  • (b) meets the requirements of any airworthiness directive issued under section 521.427; and

  • (c) except as provided in subsection (2), meets the requirements of any notices that are equivalent to airworthiness directives and that are issued by

    • (i) the competent authority of the foreign state that, at the time the notice was issued, is responsible for the type certification of the aircraft, engine, propeller or appliance, or

    • (ii) for an aeronautical product in respect of which no type certificate has been issued, the competent authority of the foreign state that manufactured the aeronautical product.

• (2) In the case of a conflict between an airworthiness directive issued by the Minister under section 521.427 and a foreign notice, the airworthiness directive prevails.

• (3) The Minister shall exempt the owner of a Canadian aircraft from the requirement to comply with all or part of an airworthiness directive, subject to appropriate conditions relating to aviation safety, as specified in Appendix H of the Aircraft Equipment and Maintenance Standards, where the owner demonstrates to the Minister that

  • (a) under circumstances specified in the exemption request, compliance is impractical or unnecessary; and

  • (b) the exemption will provide a level of safety that is equivalent to that required by the airworthiness directive.

• (4) The Minister shall approve an alternative means of compliance with an airworthiness directive, for reasons set out in the approval, where the Minister is satisfied that the proposed alternative will maintain the level of safety that is provided for by the compliance time, the modification, the restriction, the replacement, the special inspection or the procedure set out in the airworthiness directive.

Maintenance Release and Elementary Work

• 605.85 (1) Subject to subsections (2) and (3), no person shall conduct a take-off in an aircraft, or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, where that aircraft has undergone maintenance, unless the maintenance has been certified by the signing of a maintenance release pursuant to section 571.10.

• (2) Where a maintenance release is conditional on the satisfactory completion of a test flight pursuant to subsection 571.10(4), the aircraft may be operated for the purpose of the test flight if no person is carried on board other than flight crew members and persons necessary for the purpose of making observations that are essential to the test flight.

• (3) Following a test flight conducted pursuant to subsection (2), the pilot-in-command shall enter the results of the test flight in the journey log and, where the entry indicates that the results of the test flight are satisfactory, that entry completes the maintenance release required by subsection (1).

• (4) No maintenance release is required in respect of tasks identified as elementary work in the Aircraft Equipment and Maintenance Standards.

Maintenance Schedule

• 605.86 (1) Subject to subsection (3), no person shall conduct a take-off in an aircraft, or permit a take-off to be conducted in an aircraft that is in the person’s legal custody and control, unless the aircraft is maintained in accordance with

  • (a) a maintenance schedule that conforms to the Aircraft Equipment and Maintenance Standards; and

  • (b) where the aircraft is operated under Subpart 6 of Part IV or under Part VII, or is a large aircraft, a turbine-powered pressurized aircraft or an airship, a maintenance schedule approved by the Minister in respect of the aircraft operator pursuant to subsection (2).

• (2) The Minister shall approve a maintenance schedule in respect of an aircraft if the schedule conforms to the Aircraft Equipment and Maintenance Standards.

• (3) The Minister shall authorize an operator to deviate from the requirements of the applicable maintenance schedule where the operator

  • (a) submits a request in writing to the Minister in accordance with the Aircraft Equipment and Maintenance Standards; and

  • (b) demonstrates that the deviation will not affect aviation safety.

Transfer of Aeronautical Products between Maintenance Schedules

605.87 No aeronautical product shall be maintained in accordance with a maintenance schedule that is different from the one under which it was previously maintained unless

• (a) the aeronautical product has been subjected to an inspection that establishes it on the new maintenance schedule; and

• (b) the times remaining until each action on the new maintenance schedule is to be taken have been established in accordance with the Aircraft Equipment and Maintenance Standards.

Inspection after Abnormal Occurrences

• 605.88 (1) No person shall conduct a take-off in an aircraft that has been subjected to any abnormal occurrence unless the aircraft has been inspected for damage in accordance with Appendix G of the Aircraft Equipment and Maintenance Standards.

• (2) Where the inspection referred to in subsection (1) does not involve disassembly, it may be performed by the pilot-in-command.

[605.89 to 605.91 reserved]

Division IV — Technical Records

Requirement to Keep Technical Records

• 605.92 (1) Every owner of an aircraft shall keep the following technical records in respect of the aircraft:

  • (a) a journey log;

  • (b) subject to subsections (2) and (3), a separate technical record for the airframe, each installed engine and each variable-pitch propeller; and

  • (c) except where otherwise provided under the terms of a fleet empty weight and balance program referred to in subsection 706.06(3), an empty weight and balance report that meets the applicable standards set out in Standard 571 — Maintenance.

• (2) The technical records required by paragraph (1)(b) may consist of separate technical records for each component installed in the airframe, engine or propeller.

• (3) In the case of a balloon or glider, or an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, all entries in respect of the technical records referred to in paragraphs (1)(b) and (c) may be kept in the journey log.

Technical Records — General

• 605.93 (1) Every person who makes an entry in a technical record shall

  • (a) make the entry accurately, legibly and in a permanent manner;

  • (b) enter the person’s name and signature or employee identifier or, where the record is kept as electronic data, enter the person’s user code or an equivalent security designation; and

  • (c) date the entry.

• (2) Where the owner of an aircraft keeps the technical records for the aircraft as electronic data, the owner shall ensure that the electronic data system that is used complies with section 103.04 and the Aircraft Equipment and Maintenance Standards.

• (3) The owner of an aircraft shall ensure that all of the necessary measures are taken to protect the technical records for the aircraft from damage and loss.

• (4) Every person who brings into use a new volume of an existing technical record shall make the entries relating to the preceding volume that are necessary to ensure that an unbroken chronological record is maintained.

• (5) Subject to subsection (6), where a person alters an entry on a technical record for the purpose of correcting the entry, the person shall do so by striking out the incorrect entry in such a manner that the underlying information remains legible, and inserting the correct entry together with

  • (a) the date of the alteration;

  • (b) the reason for the alteration, if it is necessary to clarify why the alteration was made; and

  • (c) the person’s name and signature or employee identifier or, where the record is kept as electronic data, the person’s user code or equivalent security designation.

• (6) Where a correction referred to in subsection (5) is being made to a technical record that is maintained as electronic data, the correction shall be made in a manner that does not render the original data inaccessible.

Journey Log Requirements

• 605.94 (1) The particulars set out in column I of an item in Schedule I to this Division shall be recorded in the journey log at the time set out in column II of the item and by the person responsible for making entries set out in column III of that item.

• (2) No person shall make a single entry in a journey log in respect of a series of flights unless

  • (a) the aircraft is operated by the same pilot-in-command throughout the series; or

  • (b) a daily flight record is used pursuant to section 406.56.

• (3) The owner of an aircraft shall retain every entry in a journey log for a period of not less than one year.

• (4) Unless recorded in the operational flight plan or operational flight data sheet, the pilot-in-command of an aircraft engaged in a commercial air service and operating in international flight shall record in the journey log the following particulars in respect of each flight:

  • (a) the names of all of the crew members and their duty assignments;

  • (b) the places and times of departure and arrival;

  • (c) the flight time;

  • (d) the nature of the flight, such as private, aerial work, scheduled or non-scheduled; and

  • (e) any incidents or observations relating to the flight.