Canadian Aviation Regulations (SOR/96-433)

General Conditions of Air Operator Certificate

704.09 An air operator certificate shall contain the following general conditions:

• (a) the air operator shall conduct flight operations in accordance with its company operations manual;

• (b) the air operator shall maintain an adequate organizational structure;

• (c) the air operator shall employ managerial personnel who meet the Commercial Air Service Standards;

• (d) the air operator shall conduct training in accordance with its training program approved pursuant to this Subpart;

• (e) the air operator shall maintain aircraft that are properly equipped for the area of operation and the type of operation;

• (f) the air operator shall employ crew members who are qualified for the area of operation and the type of operation;

• (g) the air operator shall maintain its aircraft in accordance with the requirements of Subpart 6;

• (h) the air operator shall maintain operational support services and equipment that meet the Commercial Air Service Standards;

• (i) the air operator shall notify the Minister within 10 working days after

  • (i) changing its legal name, its trade name, its main base, a sub-base, a scheduled point or its managerial personnel, or

  • (ii) ceasing to operate a type of aircraft authorized under this Subpart; and

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

[704.10 and 704.11 reserved]

Division III — Flight Operations

Operating Instructions

• 704.12 (1) An air operator shall ensure that all operations personnel are properly instructed about their duties and about the relationship of their duties to the operation as a whole.

• (2) The operations personnel of an air operator shall follow the procedures specified in the air operator’s company operations manual in the performance of their duties.

General Operational Information

704.13 Every air operator shall establish a system for the timely dissemination of general operational information that includes a means for each crew member to acknowledge receipt of such information.

Scheduled Air Service Requirements

• 704.14 (1) Subject to subsection (2), every air operator that operates a scheduled air service for the purpose of transporting persons shall operate the service between airports or heliports or between an airport or heliport and a military aerodrome.

• (2) An air operator may operate a scheduled air service for the purpose of transporting persons between an airport and an aerodrome other than a military aerodrome or between two aerodromes if the air operator is authorized to do so in its air operator certificate.

Operational Control System

704.15 No air operator shall operate an aircraft unless the air operator has an operational control system that meets the Commercial Air Service Standards and is under the control of its operations manager.

Flight Authorization

704.16 No person shall commence a flight unless the flight has been authorized in accordance with the procedures specified in the air operator’s company operations manual.

Operational Flight Plan

• 704.17 (1) No air operator shall permit a person to commence a flight unless an operational flight plan that meets the Commercial Air Service Standards has been prepared in accordance with the procedures specified in the air operator’s company operations manual.

• (2) The pilot-in-command of an aircraft shall ensure that one copy of the operational flight plan is left at a point of departure, in accordance with the procedures specified in the company operations manual, and that another copy is carried on board the aircraft until the aircraft reaches the final destination of the flight.

• (3) An air operator shall retain a copy of the operational flight plan, including any amendments to that plan, for the period specified in the company operations manual.

Maintenance of Aircraft

704.18 No air operator shall permit a person to conduct a take-off in an aircraft that has not been maintained in accordance with the air operator’s maintenance control system.

Checklist

• 704.19 (1) Every air operator shall establish the checklist referred to in paragraph 602.60(1)(a) for each aircraft type that it operates and shall make the appropriate parts of the checklist readily available to the crew members.

• (2) Every crew member shall follow the checklist referred to in subsection (1) in the performance of the crew member’s assigned duties.

Fuel Requirements

704.20 No air operator shall authorize a flight and no person shall commence a flight unless the aircraft carries sufficient fuel to meet the fuel requirements of Part VI and to allow the aircraft

• (a) in the case of an aeroplane operated in IFR flight,

  • (i) to descend at any point along the route to the lower of

    • (A) the single-engined service ceiling, or

    • (B) 10,000 feet,

  • (ii) to cruise at the altitude referred to in subparagraph (i) to a suitable aerodrome,

  • (iii) to conduct an approach and a missed approach, and

  • (iv) to hold for 30 minutes at an altitude of 1,500 feet above the elevation of the aerodrome selected in accordance with subparagraph (ii); and

• (b) in the case of a helicopter operated in night VFR flight, to fly to the destination aerodrome and then to fly for 30 minutes at normal cruising speed.

Admission to Flight Deck

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

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

Simulation of Emergency Situations

704.22 No person shall, if passengers or cargo are on board an aircraft, simulate emergency situations that could affect the flight characteristics of the aircraft.

VFR Flight Obstacle Clearance Requirements

704.23 Except when conducting a take-off or landing, no person shall operate an aircraft in VFR flight

• (a) at night, at less than 1,000 feet above the highest obstacle located within a horizontal distance of three miles from the route to be flown; or

• (b) where the aircraft is an aeroplane, during the day, at less than 500 feet AGL or at a horizontal distance of less than 500 feet from any obstacle.

VFR Flight Minimum Flight Visibility — Uncontrolled Airspace

704.24 Where a helicopter is operated in day VFR flight within uncontrolled airspace at less than 1,000 feet AGL, a person may, for the purposes of subparagraph 602.115(d)(i), operate the helicopter when flight visibility is less than one mile if the person

• (a) is authorized to do so in an air operator certificate; and

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

VFR Flight Weather Conditions

704.25 No person shall commence a VFR flight unless current weather reports and forecasts, if obtainable, indicate that the weather conditions along the route to be flown and at the destination aerodrome will be such that the flight can be conducted in compliance with VFR.

Take-off Minima

• 704.26 (1) Subject to subsection (2), no person shall conduct a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used unless

  • (a) the take-off is authorized in an air operator certificate; and

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

• (2) A person may conduct a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used, if the weather conditions are at or above the landing minima for another suitable runway at that aerodrome, taking into account the aircraft performance operating limitations specified in Division IV.

• (3) For the purposes of section 602.126, a person may conduct a take-off in an aircraft in IMC where weather conditions are below the take-off minima specified in the instrument approach procedure, if the person

  • (a) is authorized to do so in an air operator certificate; and

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

• (4) For the purposes of this section, the landing minima are the decision height or the minimum descent altitude and the visibility published for an approach.

No Alternate Aerodrome — IFR Flight

704.27 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 the person

• (a) is authorized to do so in an air operator certificate; and

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

VFR OTT Flight

704.28 No person shall operate an aircraft in VFR OTT flight unless

• (a) [Repealed, SOR/2007-78, s. 1]

• (b) the person is authorized to do so in an air operator certificate; and

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

Routes in Uncontrolled Airspace

704.29 No person shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the air operator establishes the route in accordance with the Commercial Air Service Standards.

704.30 [Reserved]

Minimum Altitudes and Distances

704.31 For the purposes of sections 602.13 and 602.15, a person may conduct a take-off, approach or landing in a helicopter within a built-up area of a city or town, or operate a helicopter at altitudes and distances less than those specified in subsection 602.14(2), if the person

• (a) has an authorization from the Minister or is authorized to do so in an air operator certificate; and

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

Weight and Balance Control

• 704.32 (1) No person shall operate an aircraft unless, during every phase of the flight, the load restrictions, weight and centre of gravity of the aircraft conform to the limitations specified in the aircraft flight manual.

• (2) An air operator shall have a weight and balance system that meets the Commercial Air Service Standards.

• (3) An air operator shall specify in its company operations manual its weight and balance system and instructions to employees regarding the preparation and accuracy of weight and balance forms.

Passenger and Cabin Safety Procedures

• 704.33 (1) An air operator shall establish procedures to ensure that

  • (a) passengers move to and from the aircraft and embark and disembark safely, in accordance with procedures that meet the requirements of section 724.33 of the Commercial Air Service Standards and that are specified in the air operator’s company operations manual;

  • (b) all passengers are seated and secured in accordance with subsection 605.26(1);

  • (c) subject to subsection (2), the back of each seat is in the upright position and all chair tables are stowed during movement on the surface, take-off and landing and at such other times as the pilot-in-command considers necessary for the safety of the persons on board the aircraft;

  • (d) seats located at emergency exits are not occupied by passengers whose presence in those seats could adversely affect the safety of passengers or crew members during an emergency evacuation; and

  • (e) the flight crew can exercise supervisory control over passengers by visual and aural means.

• (2) An air operator may, for the transportation of any passenger who has been certified by a physician as unable to sit upright, allow the back of the seat occupied by such a passenger to remain in the reclining position during movement on the surface, take-off and landing if

  • (a) the passenger is seated in a location that will not restrict the evacuation of other passengers from 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.

• (3) No air operator shall assign a person to perform duties on board an aircraft unless that person has received the training referred to in paragraph 704.115(2)(d).

• (4) An air operator shall not permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the requirements set out in

  • (a) subsection 724.33(2) of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards, in the case of an aeroplane; or

  • (b) subsection 724.33(2) of Standard 724 — Commuter Operations — Helicopters of the Commercial Air Service Standards, in the case of a helicopter.

• (5) [Repealed, SOR/2019-296, s. 9]

Briefing of Passengers

• 704.34 (1) The pilot-in-command shall ensure that passengers are given a safety briefing in accordance with the Commercial Air Service Standards.

• (2) If the safety briefing referred to in subsection (1) is insufficient for a passenger because of that passenger’s physical, sensory or comprehension limitations, seat orientation or responsibility for another person on board the aircraft, the pilot-in-command shall ensure that the passenger is given an individual safety briefing that

  • (a) is appropriate to the passenger’s needs; and

  • (b) meets the Commercial Air Service Standards.

• (3) The pilot-in-command shall ensure that, in the event of an emergency and where time and circumstances permit, all passengers are given an emergency briefing in accordance with the Commercial Air Service Standards.

• (4) The pilot-in-command shall ensure that each passenger who is seated next to an emergency exit is made aware of how to operate that exit.

Safety Features Card

704.35 An air operator shall provide each passenger, at the passenger’s seat, with a safety features card containing, in pictographic form, the information required by the Commercial Air Service Standards, and any wording shall be in English and French.

Instrument Approach Procedures

• 704.36 (1) No person shall conduct a CAT II or CAT III precision approach unless

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

  • (b) the approach is conducted in accordance with the Manual of All Weather Operations (Categories II and III).

• (2) No person shall terminate an instrument approach with a landing unless, immediately prior to 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.