Canadian Aviation Regulations (SOR/96-433)

[701.04 to 701.06 reserved]

Division II — Certification and Authorization

Issuance or Amendment of Canadian Foreign Air Operator Certificate

701.07 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend a Canadian foreign air operator certificate.

Contents of Canadian Foreign Air Operator Certificate

701.08 A Canadian foreign air operator certificate shall contain

• (a) the legal name, trade name and address of the foreign air operator;

• (b) the number of the foreign air operator certificate;

• (c) the effective date of certification;

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

• (e) the general conditions identified in section 701.09;

• (f) specific conditions with respect to

  • (i) the areas of operation authorized,

  • (ii) the types of service authorized,

  • (iii) the types of aircraft authorized, the conditions of operation and, if applicable, their registration, and

  • (iv) the base of operations and the designated points in Canada, if applicable; and

• (g) where the foreign air operator complies with the Commercial Air Service Standards, operations specifications with respect to

  • (i) instrument approach procedures,

  • (ii) special weather minima authorizations,

  • (iii) navigation system authorizations,

  • (iv) authorizations concerning flight crew member complement,

  • (v) special helicopter procedures, and

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

General Conditions of Canadian Foreign Air Operator Certificate

701.09 A Canadian foreign air operator certificate shall contain the following general conditions:

• (a) the foreign air operator shall have a valid air operator certificate or equivalent document issued by the state of the foreign air operator;

• (b) the foreign air operator shall make no change in its air transport service in Canada, except in the case of an emergency, without notifying the Minister;

• (c) the foreign air operator shall notify the Minister within 10 working days after any change in its legal name or trade name;

• (d) the foreign air operator shall conduct flight operations in accordance with the ICAO standards;

• (e) the foreign air operator shall maintain its aircraft in accordance with the ICAO standards;

• (f) the foreign air operator shall comply with the applicable provisions of these Regulations; and

• (g) the foreign air operator shall conduct a safe operation.

Issuance of Flight Authorization

701.10 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue a flight authorization

• (a) to conduct an overflight of Canada or to perform a technical landing in Canada; or

• (b) to operate a foreign state aircraft in Canada.

Contents of Flight Authorization

701.11 A flight authorization shall contain

• (a) the name of the holder of the flight authorization or of the person responsible for the flight;

• (b) the type of aircraft, the registration mark and, if applicable, the serial number;

• (c) the routing;

• (d) the date and time of arrival at, and departure from, the airports concerned;

• (e) the places of embarkation or disembarkation of passengers or freight;

• (f) an authorization for the transportation of dangerous goods or agricultural products, if applicable;

• (g) in the case of a foreign state aircraft, an authorization to conduct flight operations referred to in section 701.19, 701.20 or 701.21;

• (h) a requirement to conduct all operations in accordance with the applicable provisions of these Regulations; and

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

[701.12 to 701.15 reserved]

Division III — Flight Operations

Extended Range Twin-engined Operations

• 701.16 (1) Subject to subsection (2), no foreign air operator shall commence a flight in Canada in a twin-engined aeroplane certified for more than 20 passenger seats that is intended to be operated on a route containing a point that is farther from an adequate aerodrome than the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed, unless the flight is conducted wholly within Canadian Domestic Airspace.

• (2) A foreign air operator may commence a flight referred to in subsection (1) where

  • (a) the aeroplane is turbine-powered;

  • (b) the foreign air operator holds a valid authorization or equivalent document issued by the state of the foreign air operator for extended range twin-engined operations; and

  • (c) the foreign air operator is authorized to do so in its Canadian foreign air operator certificate.

Canadian Minimum Navigation Performance Specifications (CMNPS) or North Atlantic Minimum Navigation Performance Specifications (NAT-MNPS) Airspace

• 701.17 (1) Subject to subsection (2), no foreign air operator shall commence a flight in Canada in an aircraft that is intended to be operated in airspace designated as CMNPS or NAT-MNPS unless

  • (a) the aircraft has been certified by the state of registry as meeting the minimum navigation performance specifications contained in the North Atlantic MNPS Airspace Operations Manual;

  • (b) the foreign air operator holds a valid authorization or equivalent document issued by the state of the foreign air operator or the state of registry for flight operations in airspace designated as CMNPS or NAT-MNPS; and

  • (c) the foreign air operator is authorized to do so in its Canadian foreign air operator certificate.

• (2) A foreign air operator may, in airspace designated as CMNPS, commence a flight in Canada in an aircraft that has not been certified in accordance with paragraph (1)(a) where the appropriate ATC unit indicates that the aircraft can be accommodated without penalizing CMNPS-certified aircraft.

Routes in Uncontrolled Airspace

701.18 No foreign air operator commencing a flight in Canada shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the foreign air operator

• (a) is authorized to do so in its Canadian foreign air operator certificate; and

• (b) complies with the Commercial Air Service Standards.

No Alternate Aerodrome — IFR Flight

701.19 For the purposes of section 602.122, a person may conduct an IFR flight where an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary if

• (a) in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian foreign air operator certificate and complies with the Commercial Air Service Standards; or

• (b) in the case of a person who operates a foreign state aircraft, the person is authorized to do so in a flight authorization and complies with the Commercial Air Service Standards.

Take-off Minima

701.20 For the purposes of section 602.126, a person may conduct a take-off in an aircraft where weather conditions are below the take-off minima specified in the Canada Air Pilot if

• (a) in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian foreign air operator certificate and complies with the Commercial Air Service Standards; or

• (b) in the case of a person who operates a foreign state aircraft, the person is authorized to do so in a flight authorization and complies with the Commercial Air Service Standards.

Landing Minima

701.21 For the purposes of subsection 602.128(4), a person may conduct a CAT II or CAT III precision approach in an IFR aircraft if

• (a) in the case of a foreign air operator, the foreign air operator is authorized to do so in its Canadian foreign air operator certificate and holds a valid authorization or equivalent document issued by the state of the foreign air operator to conduct a CAT II or CAT III precision approach in Canada; or

• (b) in the case of a person who operates a foreign state aircraft, the person is authorized to do so in a flight authorization and complies with the Commercial Air Service Standards.

Transport of Passengers in Single-engined Aircraft

• 701.22 (1) Subject to subsection (2), no foreign air operator commencing a flight in Canada shall operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight.

• (2) A foreign air operator may operate a single-engined aircraft with passengers on board in IFR flight or in night VFR flight if the foreign air operator

  • (a) is authorized to do so by the state of the foreign air operator;

  • (b) is authorized to do so in its Canadian foreign air operator certificate; and

  • (c) complies with the Commercial Air Service Standards.

Admission to Flight Deck

• 701.23 (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft operated by a foreign air operator in Canada, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft.

• (2) A foreign air operator and the pilot-in-command shall make available for the use of the air carrier inspector the observer seat most suitable to perform the inspector’s duties, as determined by the inspector.

Seats for Cabin Safety Inspectors

701.24 A foreign air operator shall provide a cabin safety inspector who is performing an in-flight cabin inspection in Canada with a confirmed passenger seat in the passenger compartment.

Aircraft Icing Operations

• 701.25 (1) In this section, critical surfaces means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surfaces of an aircraft, as well as any other surfaces identified as critical surfaces in the aircraft flight manual.

• (2) No person shall conduct or attempt to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces.

• (3) Despite subsection (2), a person may conduct a take-off in an aircraft that has frost caused by cold-soaked fuel adhering to the underside or upper side, or both, of its wings if the take-off is conducted in accordance with the aircraft manufacturer’s instructions for take-off under those conditions.

• (4) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to an aircraft, no person shall conduct or attempt to conduct a take-off in the aircraft unless

  • (a) the aircraft has been inspected immediately prior to take-off to determine whether any frost, ice or snow is adhering to any of its critical surfaces; or

  • (b) the foreign air operator or the holder of the flight authorization has

    • (i) established, in accordance with ICAO Document No. 9640 entitled Manual of Aircraft Ground De/Anti-icing Operations, an aircraft ground icing operations program that has been approved by the state of the foreign air operator or of the holder of the flight authorization, or

    • (ii) submitted to the Minister an aircraft ground icing operations program that meets the Commercial Air Service Standards.

• (5) The inspection referred to in paragraph (4)(a) shall be performed from outside the aircraft.

• (6) The inspection referred to in paragraph (4)(a) shall be performed by

  • (a) the pilot-in-command;

  • (b) a flight crew member of the aircraft who is designated by the pilot-in-command; or

  • (c) a person, other than a person referred to in paragraph (a) or (b), who is designated by the foreign air operator or the holder of the flight authorization.

• (7) No person shall perform the inspection referred to in paragraph (4)(a) unless the person has received annual training concerning aircraft surface contamination in accordance with the Commercial Air Service Standards.

• (8) Where, before commencing a take-off, a crew member of an aircraft observes that there is frost, ice or snow adhering to the wings of the aircraft, the crew member shall immediately report that observation to the pilot-in-command, and the pilot-in-command or a flight crew member designated by the pilot-in-command shall inspect the wings of the aircraft before take-off.

Division IV — Flight Deck Security

Interpretation

701.26 In this Division, payload capacity means the maximum zero fuel weight of an aeroplane set out in the type certificate issued in respect of the aeroplane less

• (a) the empty weight of the aeroplane;

• (b) the equipment necessary for the operation of the aeroplane; and

• (c) the operating load of the aeroplane, which includes the minimum flight crew.

Application

• 701.27 (1) All the provisions of this Division apply in respect of the operation by a foreign air operator, in Canadian airspace, of a transport category aircraft that is

  • (a) a passenger-carrying aeroplane in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers; or

  • (b) an all-cargo aeroplane with a payload capacity of more than 3 405 kg (7,500 pounds) that was equipped with a flight deck door on June 21, 2002.

• (2) Section 701.28 also applies in respect of the operation by a foreign air operator, in Canadian airspace, of a transport category aircraft that is

  • (a) a passenger-carrying aeroplane in respect of which a type certificate has been issued authorizing the transport of fewer than 20 passengers; or

  • (b) an all-cargo aeroplane with a payload capacity of 3 405 kg (7,500 pounds) or less that was equipped with a flight deck door on June 21, 2002.

Admission to Flight Deck

701.28 No person shall be admitted to the flight deck of an aeroplane other than

• (a) a flight crew member;

• (b) a crew member performing their duties;

• (c) an inspector of the civil aviation authority of the state where the aeroplane is registered; or

• (d) a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator.

Closing and Locking of Flight Deck Door

• 701.29 (1) Subject to subsection (2), the pilot-in-command of an aeroplane that is equipped with a lockable flight deck door and that is carrying passengers shall ensure that at all times from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival the flight deck door is closed and locked.

• (2) Subsection (1) does not apply when crew members or persons authorized in accordance with subsection 701.28 are required to enter or leave the flight deck

  • (a) for the performance of their duties;

  • (b) for physiological needs; or

  • (c) for an overriding concern related to the safety of the flight.