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 VII — Commercial Air Services (continued)
Subpart 4 — Commuter Operations (continued)
Division III — Flight Operations (continued)
Approach Bans — Non-precision, APV, and CAT I Precision
704.37 (1) For the purposes of subsections (2) to (4), the visibility with respect to an aeroplane is less than the minimum visibility required for a non-precision approach, an APV or a CAT I precision approach if, in respect of the advisory visibility specified in the Canada Air Pilot and set out in column I of an item in the table to this section,
(a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the runway of intended approach is less than the visibility set out in column II of the item for the approach conducted;
(b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the runway of intended approach is less than the visibility set out in column II of the item for the approach conducted;
(c) where no RVR for the runway of intended approach is available, the runway visibility is less than the visibility set out in column II of the item for the approach conducted; or
(d) where the aerodrome is located south of the 60th parallel of north latitude and no RVR or runway visibility for the runway of intended approach is available, the ground visibility at the aerodrome where the runway is located is less than the visibility set out in column II of the item for the approach conducted.
(2) No person shall continue a non-precision approach or an APV unless
(a) the air operator is authorized to do so in its air operator certificate;
(b) the aeroplane is equipped with
(i) if the flight crew does not use pilot-monitored-approach procedures, an autopilot capable of conducting a non-precision approach or an APV to 400 feet AGL or lower, or
(ii) a HUD capable of conducting a non-precision approach or an APV to 400 feet AGL or lower;
(c) the instrument approach procedure is conducted to straight-in minima; and
(d) a visibility report indicates that
(i) the visibility is equal to or greater than that set out in subsection (1),
(ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or
(iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.
(3) No person shall continue an SCDA non-precision approach unless
(a) the air operator is authorized to do so in its air operator certificate;
(b) the aeroplane is equipped with
(i) if the flight crew does not use pilot-monitored-approach procedures, an autopilot capable of conducting a non-precision approach to 400 feet AGL or lower, or
(ii) a HUD capable of conducting a non-precision approach to 400 feet AGL or lower;
(c) the instrument approach procedure is conducted to straight-in minima with a final approach course that meets the requirements of section 724.37 of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards;
(d) the final approach segment is conducted using a stabilized descent with a planned constant descent angle specified in section 724.37 of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards; and
(e) a visibility report indicates that
(i) the visibility is equal to or greater than that set out in subsection (1),
(ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or
(iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.
(4) No person shall continue a CAT I precision approach to a runway with centreline lighting or a CAT I precision approach in an aeroplane equipped with a HUD unless
(a) the air operator is authorized to do so in its air operator certificate;
(b) in the case of an aeroplane not equipped with a HUD,
(i) if the flight crew does not use pilot-monitored-approach procedures, the pilot-in-command and the second-in-command are qualified to conduct a CAT II precision approach,
(ii) the aeroplane is equipped with
(A) a flight director and autopilot capable of conducting a coupled precision approach to 200 feet AGL or lower, or
(B) if the flight crew uses pilot-monitored-approach procedures, a flight director capable of conducting a precision approach to 200 feet AGL or lower, and
(iii) the runway is equipped with serviceable high-intensity approach lighting, high-intensity runway centreline lighting and high-intensity runway edge lighting;
(c) in the case of an aeroplane equipped with a HUD capable of conducting a precision approach to 200 feet AGL or lower,
(i) the pilot-in-command and the second-in-command are qualified to conduct a CAT II precision approach,
(ii) the aeroplane is equipped with a flight director and autopilot capable of conducting a coupled precision approach to 200 feet AGL or lower, and
(iii) the runway is equipped with serviceable high-intensity approach lighting and high-intensity runway edge lighting; and
(d) a visibility report indicates that
(i) the visibility is equal to or greater than that set out in subsection (1),
(ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or
(iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.
TABLE
Approach Bans — Visibility
Column I Column II Canada Air Pilot Advisory Visibility Visibility Report Item Statute miles RVR in feet Statute miles Feet 1 1/2 2 600 1/4 1 200 2 3/4 4 000 3/8 2 000 3 1 5 000 1/2 2 600 4 1 1/4 5/8 3 400 5 1 1/2 3/4 4 000 6 1 3/4 1 5 000 7 2 1 5 000 8 2 1/4 1 1/4 6 000 9 2 1/2 1 1/4 greater than 6 000 10 2 3/4 1 1/2 greater than 6 000 11 3 1 1/2 greater than 6 000
- SOR/2006-199, s. 19
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Division IV — Aeroplane Performance Operating Limitations
Non-application
704.43 This Division does not apply to a seaplane when it takes off from or lands on water.
Calculations
704.44 Any determination made for the purposes of sections 704.45 to 704.51 shall be based on the approved performance information specified in the aircraft flight manual.
Type Certification Performance Requirements
704.45 (1) No air operator shall authorize a flight unless the aeroplane has been certified on the basis of the type certification performance requirements set out in
(a) Subchapter B Flight — General of Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes or Subchapter B Flight — General of Chapter 525 — Transport Category Aeroplanes of the Airworthiness Manual;
(b) Part 23 — at amendment 23-34 and later — or Part 25, Title 14 of the Code of Federal Regulations of the United States; or
(c) Special Federal Aviation Regulation 41C, published by the Government of the United States, which includes the performance requirements set out in Annex 8 to the Convention.
(2) Despite subsection (1), an air operator may authorize the take-off of an aeroplane if the aeroplane has fewer than 10 passengers on board or is operated in a non-scheduled air service.
Take-off and Landing Weight Limitations
704.46 (1) Subject to section 704.51, no air operator shall authorize a flight — and no person shall conduct a take-off — in an aeroplane unless the following conditions are met:
(a) the weight of the aeroplane does not exceed the maximum take-off weight specified in the aircraft flight manual for the pressure-altitude and the ambient temperature at the departure aerodrome; and
(b) after allowing for planned fuel consumption during the flight to the destination aerodrome or alternate aerodrome, the weight of the aeroplane does not exceed the maximum landing weight specified in the aircraft flight manual for the pressure-altitude and the ambient temperature at the destination aerodrome or alternate aerodrome.
(2) In the determination of the maximum take-off weight referred to in paragraph (1)(a) for a propeller-driven aeroplane having an MCTOW of not more than 5 700 kg (12,566 pounds),
(a) the required accelerate-stop distance specified in the aircraft flight manual shall not exceed the accelerate-stop distance available (ASDA) unless
(i) the maximum take-off weight is not limited by the accelerate-stop distance requirements set out in the aircraft flight manual, and
(ii) the aeroplane has fewer than 10 passengers on board or is operated in a non-scheduled air service; and
(b) the all-engines-operating take-off distance specified in the aircraft flight manual shall not exceed the take-off distance available (TODA).
(3) In the determination of the maximum take-off weight referred to in paragraph (1)(a) for a turbo-jet-powered aeroplane or a large aeroplane that is propeller-driven,
(a) the required accelerate-stop distance specified in the aircraft flight manual shall not exceed the accelerate-stop distance available (ASDA) unless, in the case of a large aeroplane that is propeller-driven,
(i) the maximum take-off weight is not limited by the required accelerate-stop distance requirements set out in the aircraft flight manual, and
(ii) the aeroplane has fewer than 10 passengers on board;
(b) the required take-off run specified in the aircraft flight manual shall not exceed the take-off run available (TORA); and
(c) the required take-off distance specified in the aircraft flight manual shall not exceed the take-off distance available (TODA) unless, in the case of a large aeroplane that is propeller-driven,
(i) the maximum take-off weight is not limited by the take-off distance requirements set out in the aircraft flight manual, and
(ii) the aeroplane has fewer than 10 passengers on board.
(4) In the determination of the maximum take-off weights referred to in subsections (2) and (3), the following factors shall be taken into account:
(a) the pressure-altitude at the aerodrome;
(b) the ambient temperature at the aerodrome;
(c) the runway slope in the direction of take-off; and
(d) a wind component that is not more than 50% of the reported headwind or not less than 150% of the reported tailwind.
(5) In the case of a take-off or landing on a gravel runway, the maximum weights referred to in paragraphs (1)(a) and (b) shall be determined in accordance with the gravel runway information specified in the aircraft flight manual.
(6) In the absence of the information referred to in subsection (5) for a propeller-driven aeroplane, the maximum weights referred to in paragraphs (1)(a) and (b) shall be determined on the basis of the information specified in the aircraft flight manual for a dry, paved hard-surface runway that does not exceed 1 524 m (5,000 feet) in length, except that
(a) no credit shall be allowed for reverse thrust;
(b) in determining the maximum take-off weight, no credit shall be allowed for any clearway; and
(c) the corresponding length of dry, paved hard-surface runway used to determine the take-off distance required, the accelerate-stop distance required and the landing distance required shall be obtained by dividing the length of the gravel runway by a factor of
(i) 1.10, in the case of an aeroplane with an MCTOW of not more than 5 700 kg (12,566 pounds), or
(ii) 1.15, in the case of a large aeroplane.
Net Take-off Flight Path
704.47 (1) Subject to subsection (3), no air operator shall authorize a flight — and no person shall conduct a take-off — in a turbo-jet-powered aeroplane, a large aeroplane that is propeller-driven or a propeller-driven aeroplane that has a passenger seating configuration of 10 or more, if the weight of the aeroplane exceeds the weight specified in the aircraft flight manual as allowing a net take-off flight path that clears all obstacles by at least 10.7 m (35 feet) vertically or at least 60 m (200 feet) horizontally within the aerodrome boundaries, and by at least 91.5 m (300 feet) horizontally outside those boundaries.
(2) In the determination of the maximum weight, minimum distances and flight path referred to in subsection (1),
(a) corrections shall be made for
(i) the runway to be used,
(ii) the runway slope in the direction of take-off,
(iii) the pressure-altitude at the aerodrome,
(iv) the ambient temperature at the aerodrome, and
(v) the wind component at the time of take-off, that is not more than 50% of the reported headwind or not less than 150% of the reported tailwind;
(b) calculations shall be based on the pilot
(i) not banking the aeroplane before reaching an altitude of 15 m (50 feet),
(ii) subject to paragraph (c), using no more than 15 degrees of bank at altitudes between 15 m (50 feet) and 122 m (400 feet), and
(iii) using no more than 25 degrees of bank at altitudes above 122 m (400 feet), aeroplane speed and configuration permitting; and
(c) a bank angle greater than the angle referred to in subparagraph (b)(ii) may be used if it is authorized in an air operator certificate.
(3) An air operator may authorize a flight — and a pilot-in-command may conduct a take-off — in an aeroplane referred to in subsection (1) that does not meet the requirements of that subsection if
(a) in the case of a large aeroplane that is propeller-driven and for which visual obstacle clearance procedures are used during take-off and climb,
(i) the aeroplane has fewer than 10 passengers on board,
(ii) the air operator has conducted an obstacle assessment to identify fixed and transient obstacles along the take-off flight path,
(iii) the air operator has set out, in the company operations manual, a one-engine-inoperative departure plan that allows the pilot-in-command to rely on visual guidance to manoeuvre the aeroplane in a manner that will allow the net take-off flight path to be clear of all obstacles by at least 10.7 m (35 feet) vertically or at least 60 m (200 feet) horizontally within the aerodrome boundaries, and by at least 91.5 m (300 feet) horizontally outside those boundaries, until the aeroplane has reached the end of the take-off flight path,
(iv) the one-engine-inoperative departure plan includes
(A) an obstacle assessment to identify fixed and transient obstacles along the take-off flight path,
(B) the aeroplane’s approved performance information specified in the aircraft flight manual, and
(C) the visual reference points to be used along the take-off flight path, and
(v) existing meteorological conditions allow the clearance, through visual guidance, of all obstacles and terrain by the margins specified in subparagraph (iii); or
(b) in the case of an aeroplane operated in a non-scheduled air service,
(i) the take-off weight of the aeroplane is not limited by any take-off weight limitations specified in the aircraft flight manual,
(ii) the aerodrome elevation is at or below 1 220 m (4,000 feet) ASL, and
(iii) the ceiling and visibility are at or above the landing and approach minima for the departure aerodrome.
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