Vol. 148, No. 13 — June 18, 2014

Registration

SOR/2014-131 May 29, 2014

AERONAUTICS ACT

Regulations Amending the Canadian Aviation Regulations (Parts I, II, IV, VI and VII — Private Operators)

P.C. 2014-617 May 29, 2014

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.9 (see footnote a), paragraphs 5(a) (see footnote b) and 6.71(3)(a) (see footnote c), section 6.8 (see footnote d) and subsection 7.6(1) (see footnote e) of the Aeronautics Act (see footnote f), makes the annexed Regulations Amending the Canadian Aviation Regulations (Parts I, II, IV, VI and VII — Private Operators).

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PARTS I, II, IV, VI AND VII — PRIVATE OPERATORS)

AMENDMENTS

1. (1) The definition “private operator certificate” in subsection 101.01(1) of the Canadian Aviation Regulations (see footnote 1) is repealed.

(2) The definitions “Canada Air Pilot”, “decision height”, “instrument approach procedure”, “minimum descent altitude” and “private operator” in subsection 101.01(1) of the Regulations are replaced by the following:

“Canada Air Pilot” means an aeronautical information publication published by NAV CANADA that contains information on instrument procedures; (Canada Air Pilot)

“decision height” means the height specified in the Canada Air Pilot or the Restricted Canada Air Pilot at which a missed approach procedure is to be initiated during a precision approach if the required visual reference necessary to continue the approach to land has not been established; (hauteur de décision)

“instrument approach procedure” means, in respect of an aircraft on an instrument approach to a runway or aerodrome, a procedure for an instrument approach determined by the pilot-in-command of the aircraft on the basis of the information specified in the Canada Air Pilot for an instrument approach to that runway or aerodrome or, if no such information is specified in the Canada Air Pilot, the information specified in the Restricted Canada Air Pilot for an aircraft operated under Subpart 6 of Part IV, Subpart 4 of Part VI, or Part VII; (procédure d’approche aux instruments)

“minimum descent altitude” means the altitude ASL, specified in the Canada Air Pilot or the Restricted Canada Air Pilot for a non-precision approach, below which descent is not to be made until the required visual reference necessary to continue the approach to land has been established; (altitude minimale de descente)

“private operator” means the holder of a private operator registration document; (exploitant privé)

(3) Subsection 101.01(1) of the Regulations is amended by adding the following in alphabetical order:

“alert height” means the height above a runway, based on the flight characteristics of an aircraft and its fail-operational automatic landing system, above which a CAT III precision approach is to be discontinued and a missed approach procedure initiated in the event of a failure of the ground equipment or one of the redundant parts of the aircraft automatic landing system; (hauteur d’alerte)

“co-authority dispatch” means the shared responsibility of the pilot-in-command and the flight dispatcher for all decisions respecting the operational flight plan prior to its acceptance by the pilot-in-command, and for the flight watch; (régulation des vols en coresponsabilité)

“flight following” means the monitoring of a flight’s progress, the provision of any operational information that might be requested by the pilot-in-command, and the notification of the flight training unit and search and rescue authorities if the flight is overdue or missing; (suivi de vol)

“flight relief facility — bunk” means a bunk that meets the requirements of Aerospace Recommended Practice ARP4101/3, Crew Rest Facilities, published by the Society of Automotive Engineers (SAE), and is configured in accordance with the requirements of section 3.2.9 of Aerospace Recommended Practice ARP4101, Flight Deck Layout and Facilities, published by the SAE; (poste de repos — couchette)

“flight relief facility — seat” means a fully reclining seat that is separated and screened off from the passengers and flight deck, that is equipped with a call device, a restraint system designed to restrain a sleeping person and portable oxygen equipment, and that is not subject to distraction from noise generated in the cabin; (poste de repos — siège)

“flight simulation training device” means an apparatus, including synthetic flight training equipment, that replicates or emulates an aircraft or aircraft component for the purpose of training and testing; (dispositif de formation simulant le vol)

“flight watch” means maintaining current information on the progress of a flight and monitoring all factors and conditions that might affect the flight; (surveillance de vol)

“instrument time” means

“pilot self-dispatch” means the responsibility of the pilot-incommand for all decisions respecting the operational flight plan and for the flight watch; (régulation du vol par le pilote)

“private operator registration document” means a document issued under subsection 604.04(2); (document d’enregistrement d’exploitant privé)

“Restricted Canada Air Pilot” means an aeronautical information publication published by NAV CANADA that contains information on restricted instrument procedures; (Canada Air Pilot restreint)

2. Subpart 4 of Part VI of Schedule II to Subpart 3 of Part I of the Regulations is replaced by the following:

Column I

Designated Provision		 Column II

Maximum Amount of Penalty ($)
  Individual Corporation
SUBPART 4 — PRIVATE OPERATORS 
Section 604.03 5,000 25,000
Section 604.06 1,000 5,000
Section 604.07 1,000 5,000
Section 604.08 3,000 15,000
Subsection 604.09(1) 1,000 5,000
Subsection 604.25(1) 3,000 15,000
Subsection 604.25(4) 1,000 5,000
Subsection 604.26(1) 1,000 5,000
Subsection 604.26(2) 1,000 5,000
Section 604.27 1,000 5,000
Section 604.28 3,000 15,000
Subsection 604.36(1) 1,000 5,000
Subsection 604.36(2) 1,000 5,000
Subsection 604.38(1) 1,000 5,000
Subsection 604.38(2) 1,000 5,000
Subsection 604.38(3) 1,000 5,000
Subsection 604.47(1) 3,000 15,000
Section 604.50 3,000 15,000
Section 604.51 3,000 15,000
Section 604.52 3,000 15,000
Section 604.53 3,000 15,000
Section 604.54 3,000 15,000
Subsection 604.55(1) 3,000 15,000
Subsection 604.55(2) 3,000 15,000
Subsection 604.55(4) 3,000 15,000
Section 604.56 3,000 15,000
Section 604.57 3,000 15,000
Section 604.58 3,000 15,000
Section 604.59 3,000 15,000
Section 604.60 3,000 15,000
Subsection 604.74(2) 3,000 15,000
Subsection 604.81(1) 1,000 5,000
Subsection 604.82(1) 3,000 15,000
Subsection 604.82(2) 1,000 5,000
Subsection 604.82(3) 1,000 5,000
Subsection 604.82(4) 1,000 5,000
Subsection 604.83(1) 3,000 15,000
Subsection 604.83(2) 3,000 15,000
Subsection 604.85(1) 1,000 5,000
Subsection 604.85(4) 1,000 5,000
Subsection 604.85(7) 1,000 5,000
Subsection 604.86(1) 1,000 5,000
Subsection 604.86(2) 1,000 5,000
Subsection 604.98(1) 3,000 15,000
Subsection 604.99(1) 3,000 15,000
Subsection 604.99(2) 3,000 15,000
Subsection 604.99(3) 3,000 15,000
Section 604.104 3,000 15,000
Section 604.105 3,000 15,000
Subsection 604.106(1) 3,000 15,000
Subsection 604.106(3) 1,000 5,000
Subsection 604.106(4) 1,000 5,000
Subsection 604.106(5) 1,000 5,000
Subsection 604.116(1) 1,000 5,000
Subsection 604.116(2) 3,000 15,000
Subsection 604.117(1) 1,000 5,000
Subsection 604.117(2) 1,000 5,000
Subsection 604.118(1) 3,000 15,000
Section 604.119 3,000 15,000
Section 604.127 3,000 15,000
Subsection 604.128(1) 3,000 15,000
Subsection 604.128(2) 3,000 15,000
Subsection 604.128(3) 1,000 5,000
Section 604.129 5,000 25,000
Section 604.130 3,000 15,000
Section 604.131 5,000 25,000
Subsection 604.132(1) 3,000 15,000
Subsection 604.132(2) 1,000 5,000
Subsection 604.141(1) 5,000 25,000
Subsection 604.141(2) 3,000 15,000
Subsection 604.142(1) 1,000 5,000
Subsection 604.142(2) 3,000 15,000
Subsection 604.143(1) 5,000 25,000
Subsection 604.143(2) 1,000 5,000
Subsection 604.144(1) 3,000 15,000
Subsection 604.144(2) 3,000 15,000
Section 604.145 5,000 25,000
Subsection 604.146(1) 1,000 5,000
Subsection 604.146(2) 1,000 5,000
Section 604.147 1,000 5,000
Section 604.148 1,000 5,000
Subsection 604.149(1) 1,000 5,000
Subsection 604.149(2) 1,000 5,000
Subsection 604.149(3) 1,000 5,000
Subsection 604.166(1) 3,000 15,000
Subsection 604.166(2) 3,000 15,000
Section 604.167 5,000 25,000
Section 604.168 1,000 5,000
Section 604.174 3,000 15,000
Subsection 604.197(1) 5,000 25,000
Subsection 604.197(2) 1,000 5,000
Subsection 604.198(1) 3,000 15,000
Subsection 604.198(2) 1,000 5,000
Section 604.202 5,000 25,000
Subsection 604.204(1) 3,000 15,000
Subsection 604.204(2) 3,000 15,000
Section 604.205 3,000 15,000
Subsection 604.206(5) 3,000 15,000
Subsection 604.207(5) 3,000 15,000
Section 604.208 3,000 15,000

3. (1) The portion of section 103.12 of the Regulations before paragraph (a) is replaced by the following:

103.12 For the purposes of paragraphs 6.71(1)(c) and 7.1(1)(c) of the Act, “principal” means

(2) Subparagraph 103.12(a)(ii) of the English version of the Regulations is replaced by the following:

(3) Subparagraph 103.12(b)(i) of the Regulations is replaced by the following:

4. Section 107.01 of the Regulations is amended by adding the following after subsection (2):

(3) This Subpart, except sections 107.02 and 107.03, and the requirements set out in Subpart 4 of Part VI in respect of the safety management system apply to the holder of a private operator registration document.

5. Section 107.02 of the Regulations is replaced by the following:

107.02 The applicant for, or the holder of, a certificate referred to in subsections 107.01(1) or (2) shall establish and maintain a safety management system.

6. Section 107.04 of the Regulations is replaced by the following:

107.04 A safety management system shall be adapted to the size, nature and complexity of the operations, activities, hazards and risks associated with the operations of the holder of a document referred to in section 107.01.

7. The definitions “Canadian air operator” and “operator certificate” in section 203.01 of the Regulations are replaced by the following:

“Canadian air operator” includes the holder of a flight training unit operator certificate and the holder of a private operator registration document; (exploitant aérien canadien)

“operator certificate” includes an air operator certificate, a flight training unit operator certificate and a private operator registration document. (certificat d’exploitation)

8. The definitions “flight following”, “flight watch”, “instrument time” and “pilot’s self-dispatch” in subsection 400.01(1) of the Regulations are repealed.

9. The portion of paragraph 401.05(3)(d) of the Regulations before subparagraph (ii) is replaced by the following:

10. Paragraph 406.03(2)(a) of the Regulations is replaced by the following:

11. Subparagraph 406.71(2)(e)(iv) of the Regulations is replaced by the following:

12. Section 602.09 of the Regulations is replaced by the following:

602.09 No person operating an aircraft shall permit the fuelling of the aircraft while an engine used for the propulsion of the aircraft is running and passengers are on board the aircraft or are embarking or disembarking, unless subsection 604.84(1), 704.33(4) or 705.40(3), as applicable, is complied with.

13. Subparagraph 602.11(5)(c)(ii) of the Regulations is replaced by the following:

14. Subparagraph 602.115(c)(i) of the Regulations is replaced by the following:

15. Section 602.122 of the Regulations is replaced by the following:

602.122 Except as otherwise authorized by the Minister in an air operator certificate or in a special authorization issued under subsection 604.05(2), no pilot-in-command shall operate an aircraft in IFR flight unless the IFR flight plan or IFR flight itinerary that has been filed for the flight under section 602.73 includes an alternate aerodrome having a landing area suitable for use by that aircraft.

16. Paragraph 602.126(1)(b) of the Regulations is replaced by the following:

17. Subsection 602.128(1) of the Regulations is replaced by the following:

602.128 (1) No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the Restricted Canada Air Pilot.

18. Subpart 4 of Part VI of the Regulations is replaced by the following:

SUBPART 4 — PRIVATE OPERATORS

Division I — General Provisions

Interpretation

604.01 (1) The following definitions apply in this Subpart.

“main base” means a location where a private operator has personnel, aircraft and facilities for its operations and that is established as the principal place of business of the private operator. (base principale)

“PBN Manual” means ICAO Document 9613, entitled Performance-based Navigation (PBN) Manual. (manuel PBN)

“special authorization” means an authorization issued by the Minister under subsection 604.05(2) that permits the carrying out of an activity referred to in Division IV or an activity in respect of which the Minister has established requirements under subsection 604.74(1). (autorisation spéciale)

“sub-base” means a location where a private operator has personnel and aircraft and from which operational control is exercised in accordance with the private operator’s operational control system. (base secondaire)

(2) For the purpose of interpreting a document incorporated by reference into this Subpart, unless the context requires otherwise,

Application

604.02 This Subpart applies to the following Canadian aircraft:

Prohibition

604.03 (1) Subject to subsection (2), no person shall operate any of the following Canadian aircraft for the purpose of transporting passengers or goods unless the person is the holder of a private operator registration document:

(2) Subsection (1) does not apply to the operation of an aircraft referred to in paragraphs (1)(a) to (c) by

Issuance of a Private Operator Registration Document

604.04 (1) The applicant for a private operator registration document shall submit to the Minister an application containing the following information:

(2) The Minister shall, on receipt of the application referred to in subsection (1), issue a private operator registration document to the applicant if the applicant is the registered owner of all the aircraft that will be operated under this Subpart or is permitted to use those aircraft under section 203.03.

Issuance of Special Authorization

604.05 (1) A private operator who wishes to operate an aircraft under a special authorization shall submit to the Minister an application that

(2) The Minister shall, on receipt of the application referred to in subsection (1), issue a special authorization to the applicant if the applicant

Notice to the Minister

604.06 A private operator shall notify the Minister if a change is made to the information contained in an application submitted under subsection 604.04(1) within ten days after the day on which the change is made.

Amendment of Private Operator’s Operations Manual

604.07 A private operator who has been issued a special authorization, and who amends the part of the private operator’s operations manual that sets out the processes, practices and procedures relating to the special authorization, shall submit to the Minister a copy of that part of the operations manual within ten days after the day on which the amendment is made.

Duties of a Private Operator

604.08 A private operator shall

Accountability

604.09 (1) No operations manager, no chief pilot and no maintenance manager shall assign to another person a management function for which he or she is responsible and accountable unless the private operator’s operations manual

(2) The responsibility and accountability of an operations manager, a chief pilot and a maintenance manager are not affected by the assignment of a management function to another person under subsection (1).

[604.10 to 604.24 reserved]

Division II — Flight Operations

Operational Control System

604.25 (1) A private operator shall have an operational control system that is adapted to the complexity of the private operator’s operations and to the private operator’s area of operation, and that meets the requirements of subsections (2) and (3).

(2) The operational control system shall include procedures for ensuring that

(3) The operational control system shall include

(4) Documentation related to the operational control of a flight shall be retained by the private operator for at least 180 days after the day on which the flight is completed.

Designation of Pilot-in-command and Second-in-command

604.26 (1) A private operator shall designate, for each flight, a pilot-in-command or, if the crew includes two or more flight crew members, a pilot-in-command and a second-in-command.

(2) The private operator shall record the name of the pilot-in-command and, if applicable, second-in-command designated for each flight under subsection (1) and shall retain the record for at least 180 days after the day on which the flight is completed.

Flight Dispatchers and Flight Followers

604.27 A flight dispatcher and a flight follower shall, in respect of a flight conducted by a private operator,

Instrument Approaches — Landing

604.28 No person shall, in an aircraft operated by a private operator, conduct a landing following an instrument approach unless, immediately before landing, the pilot-in-command ascertains, by means of radiocommunication or visual inspection,

[604.29 to 604.35 reserved]

Division III — Flight Operations — Documents

Checklist

604.36 (1) A private operator shall provide every crew member with the checklist referred to in paragraph 602.60(1)(a) or with the part of the checklist that is necessary for the performance of the crew member’s duties.

(2) Every crew member shall follow, in the performance of his or her duties, the checklist or part of the checklist referred to in subsection (1).

Aircraft Operating Manual

604.37 (1) A private operator may establish an aircraft operating manual for the operation of its aircraft.

(2) An aircraft operating manual shall

Operational Flight Data Sheet

604.38 (1) No person shall conduct a take-off in an aircraft operated by a private operator unless an operational flight data sheet has been prepared and contains the following information:

(2) The pilot-in-command of an aircraft referred to in subsection (1) shall, on the completion of each flight, record on the operational flight data sheet the flight time, time of departure, time of arrival and aerodrome of arrival.

(3) The private operator shall retain a copy of the operational flight data sheet for at least 180 days after the day on which the flight is completed.

[604.39 to 604.45 reserved]

Division IV — Flight Operations — Special Authorizations

Minimum Performance Capability of Long-range Navigation Systems

604.46 (1) For the purposes of this Division, a long-range navigation system shall have the following performance capability:

(2) For the purposes of this Division, a global navigation satellite system (GNSS) receiver is considered to be a long-range navigation system if it is installed in accordance with the requirements of Advisory Circular 20-138B, entitled Airworthiness Approval of Positioning and Navigation Systems, dated September 27, 2010 and published by the Federal Aviation Administration of the United States, as amended from time to time.

General Prohibition — Special Authorizations

604.47 (1) Subject to subsection (2), no person shall carry out any activity referred to in this Division or in respect of which the Minister has established requirements under subsection 604.74(1) unless that person is a private operator.

(2) A person other than a private operator may conduct an instrument approach using a GNSS receiver to the following minima:

No Alternate Aerodrome — IFR Flight

604.48 (1) For the purposes of section 602.122, a pilot-incommand may conduct an IFR flight in an aircraft operated by a private operator when an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary if

(2) If the requirements of paragraphs (1)(a) to (e) are met, and regardless of the departure aerodrome, the pilot-in-command of an aircraft that is operated by a private operator, and that is on a flight to a destination aerodrome in Canada, may file a new IFR flight plan or a new IFR flight itinerary that does not include an alternate aerodrome when the aircraft is within six hours’ flight time of the destination aerodrome.

Take-off Minima

604.49 For the purposes of paragraph 602.126(1)(b),

Instrument Procedures — GNSS

604.50 No person shall conduct an instrument procedure using a GNSS receiver in an aircraft operated by a private operator unless

Precision Approaches — CAT II and CAT III

604.51 No person shall conduct a CAT II or a CAT III precision approach in an aircraft operated by a private operator unless

Instrument Procedures — Restricted Canada Air Pilot

604.52 No person shall, in an aircraft operated by a private operator, conduct an instrument procedure that is specified in the Restricted Canada Air Pilot for an aerodrome unless

CMNPS and RNPC Requirements

604.53 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with Canadian minimum navigation performance specifications (CMNPS) or required navigation performance capability (RNPC) unless

RNPC Requirements — High Level Fixed RNAV Routes

604.54 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated on a high level fixed RNAV route in accordance with required navigation performance capability (RNPC) unless

NAT-MNPS Requirements

604.55 (1) No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with North Atlantic minimum navigation performance specifications (NAT-MNPS) unless

(2) No person shall operate, in NAT-MNPS airspace, an aircraft operated by a private operator that is equipped with only one long-range navigation system, or that has only one functioning long-range navigation system, except on routes that are specified by the civil aviation authority of a contracting state as routes for aircraft equipped with only one long-range navigation system.

(3) If the long-range navigation system referred to in subsection (2) is a GNSS receiver, it may be used if

(4) No person shall operate, in NAT-MNPS airspace, an aircraft operated by a private operator that is equipped only with short-range navigation equipment (VOR, DME, ADF), except on routes G3 or G11.

RVSM Requirements

604.56 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with reduced vertical separation minima (RVSM) unless

RNP 10 Requirements

604.57 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with required navigation performance 10 (RNP 10) requirements unless

RNP 4 Requirements

604.58 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with required navigation performance 4 (RNP 4) requirements unless

RNAV 5 Requirements

604.59 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with area navigation 5 (RNAV 5) requirements unless

RNAV 1 and RNAV 2 Requirements

604.60 No person shall file a flight plan indicating that an aircraft operated by a private operator can be operated in accordance with area navigation 1 (RNAV 1) or area navigation 2 (RNAV 2) requirements unless

[604.61 to 604.73 reserved]

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

(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

(3) The Minister shall specify training in respect of an activity referred to in subsection (1) taking into account

[604.75 to 604.80 reserved]

Division V — Flight Operations — Passengers

Flight Attendants

604.81 (1) Subject to subsections (2) and (3), no person shall conduct a take-off in an aircraft that is operated by a private operator and that has more than 12 passengers on board unless the crew includes one flight attendant for each unit of 40 passengers or for each portion of such a unit.

(2) A person may conduct a take-off in an aircraft that is operated by a private operator and that has more than 12 passengers and only one flight attendant on board if

(3) A person may conduct a take-off in an aircraft that is operated by a private operator and that has 13 to 19 passengers and no flight attendant on board if

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

(2) No person shall conduct a landing in an aircraft operated by a private operator unless

(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,

(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

(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

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

(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.

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

(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.

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:

(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

(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:

(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

(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:

Safety Features Card

604.86 (1) Subject to subsection (2), a private operator shall, before passengers on board an aircraft are given the safety briefing referred to in subsection 604.85(1), provide each passenger at his or her seat with a safety features card that shows the aircraft type and that contains safety information only in respect of the aircraft, including

(2) If a flight attendant is not required on board an aircraft, the safety features card referred to in subsection (1) shall also contain the information on the location of the emergency equipment required under sections 604.116, 604.117 and 604.119 and how to access that equipment.

[604.87 to 604.97 reserved]

Division VI — Flight Time and Flight Duty Time

Flight Time Limits

604.98 (1) No private operator shall assign flight time to a flight crew member, and no flight crew member shall accept such an assignment, if the flight crew member’s total flight time in all flights conducted under this Subpart, Part IV or Part VII would, as a result, exceed

(2) If a flight crew’s flight duty time is extended under section 604.101, each flight crew member accumulates, for the purposes of subsection (1), the total flight time for the flight or the total flight time for the series of flights, as the case may be.

Flight Duty Time Limits and Rest Periods

604.99 (1) Subject to sections 604.100 to 604.102, no private operator shall assign flight duty time to a flight crew member, and no flight crew member shall accept such an assignment, if the flight crew member’s flight duty time would, as a result, exceed

(2) A private operator shall ensure that, prior to reporting for flight duty, a flight crew member is provided with the minimum rest period and with any additional rest period required by this Division.

(3) A flight crew member shall use the following periods to be adequately rested prior to reporting for flight duty:

Split Flight Duty Time

604.100 Flight duty time may be extended by one half of the length of the rest period, to a maximum of four hours, if

Extension of Flight Duty Time

604.101 If a flight crew is augmented by at least one flight crew member, if there is a balanced distribution of flight deck duty time and rest periods among the flight crew members, and if the next minimum rest period is at least equal to the length of the preceding flight duty time, the flight crew’s flight duty time may be extended

Unforeseen Operational Circumstances

604.102 (1) Flight duty time may be extended by up to three hours if

(2) The private operator shall retain a copy of the notification for five years.

Delayed Reporting Time

604.103 When a private operator delays a flight crew member’s reporting time by more than three hours, the flight crew member’s flight duty time is considered to start three hours after the original reporting time if the private operator notifies the flight crew member of the delay

Time with no Assigned Duties

604.104 No private operator shall assign duties to a flight crew member, and no flight crew member shall accept those duties, unless the private operator provides the flight crew member with one of the following periods with no assigned duties:

Rest Period — Flight Crew Member Positioning

604.105 If a flight crew member is required by a private operator to travel for the purpose of positioning after the completion of flight duty time, the private operator shall provide the flight crew member with an additional rest period that is at least equal to one half of the time spent for that purpose that is in excess of the flight duty time referred to in paragraphs 604.99(1)(a) and (b).

Controlled Rest on the Flight Deck

604.106 (1) No private operator shall allow a flight crew member to take a controlled rest on the flight deck of an aircraft operated by the private operator unless

(2) The pilot-in-command of an aircraft operated by a private operator shall determine whether the flight conditions, the duration of the flight and the physiological condition of the crew members allow a controlled rest on the flight deck to be taken by a flight crew member.

(3) The pilot-in-command of an aircraft operated by a private operator shall give participating crew members a briefing that includes the following elements:

(4) The flight crew members on board an aircraft operated by a private operator shall

(5) The flight crew member who supervises a controlled rest on the flight deck of an aircraft operated by a private operator shall, during the controlled rest,

(6) For the purposes of this section, “participating crew member” means the resting flight crew member and the flight crew member who supervises the controlled rest on the flight deck.

[604.107 to 604.115 reserved]

Division VII — Emergency Equipment

Survival Equipment

604.116 (1) No person shall operate over land an aircraft operated by a private operator, other than an aircraft referred to in subsection 602.61(2), unless a survival manual is carried on board that contains information about how to survive on the ground and how to use the survival equipment that is carried on board to meet the requirements of subsection 602.61(1).

(2) No person shall operate over water an aircraft operated by a private operator unless a survival kit is carried on board that, in addition to meeting the requirement of paragraph 602.63(6)(c), contains

First Aid Kits

604.117 (1) Despite paragraph 602.60(1)(h), no person shall conduct a take-off in an aircraft operated by a private operator that is configured as follows unless the corresponding number of first aid kits is carried on board, and each kit contains the supplies and equipment set out in the Aviation Occupational Health and Safety Regulations:

(2) No person shall conduct a take-off in an aircraft operated by a private operator unless

Protective Breathing Equipment

604.118 (1) No person shall conduct a take-off in a pressurized aircraft operated by a private operator that has flight attendants on board unless one unit of protective breathing equipment with a 15-minute portable supply of breathing gas at a pressure-altitude of 8,000 feet is available

(2) If the breathing gas in the protective breathing equipment referred to in subsection (1) is oxygen, each unit of that equipment reduces by 15 minutes the crew member oxygen requirements specified in subsection 605.31(2).

Hand-held Fire Extinguishers

604.119 No person shall conduct a take-off in an aircraft operated by a private operator unless

[604.120 to 604.125 reserved]

Division VIII — Maintenance

Maintenance Manager

604.126 The maintenance manager is responsible and accountable for the maintenance control system.

Maintenance Control System

604.127 A private operator shall have, in respect of its aircraft, a maintenance control system that includes

Maintenance, Elementary Work and Servicing

604.128 (1) No private operator shall authorize a person to perform maintenance or elementary work on any of its aircraft unless

(2) If a member of the private operator’s personnel performs servicing on any of the private operator’s aircraft, the private operator shall ensure that the member meets the training requirements set out in subsection 604.182(2).

(3) A private operator shall retain a copy of the written agreement referred to in paragraph (1)(b) for two years after the day on which the agreement comes into force.

Defect Reporting and Control Procedures

604.129 A private operator shall have procedures to ensure that

Service Difficulty Reporting

604.130 A private operator shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any service difficulty related to the aircraft that it operates under this Subpart.

Aircraft Service Information Review

604.131 A private operator shall have procedures to ensure that

Personnel Records

604.132 (1) A private operator shall have for its personnel a record that includes the following information:

(2) The private operator shall retain the record for two years after the day on which it was last updated.

[604.133 to 604.138 reserved]

Division IX — Personnel Requirements

Validity Periods

604.139 (1) Subject to subsections (2) and (3), for the purposes of this Division and Division IV, the validity period of any training, any competency check or any pilot proficiency check expires on

(2) If any training, competency check or pilot proficiency check is renewed within the last 90 days of its validity period, its validity period is extended by

(3) The Minister shall extend the validity period of any training, competency check or pilot proficiency check for a period of not more than 60 days beginning on the day after the day on which the validity period expires, if

Equivalencies

604.140 (1) A person who will act as a crew member for a private operator, and who has received crew member training under the ground and flight training program of an air operator or under the training program of another private operator, may use that training to meet an equivalent training requirement set out in this Subpart if

(2) A person who will act as a flight crew member for a private operator, and who has successfully completed a pilot proficiency check with an air operator or a competency check with another private operator, meets the requirements of paragraph 604.143(1)(e) if

Operations Manager Qualifications and Responsibilities

604.141 (1) No private operator shall permit a person to act — and no person shall act — as the operations manager unless

(2) The operations manager is responsible for the operational control of the private operator’s operations and shall

Chief Pilot Qualifications, Training and Responsibilities

604.142 (1) No private operator shall permit a person to act — and no person shall act — as a chief pilot unless

(2) The chief pilot is responsible for the flight crew members involved in the private operator’s operations and shall

Flight Crew Member Qualifications and Training

604.143 (1) No private operator shall permit a person to act — and no person shall act — as a pilot-in-command or second-in-command unless

(2) A person who undergoes a competency check referred to in paragraph (1)(e)

(3) The competency check referred to in paragraph (1)(e)

(4) Subject to subsection (5), the competency check referred to in paragraph (1)(e) shall be conducted by a person who

(5) The competency check referred to in paragraph (1)(e) may be conducted by a person who is not referred to in paragraph 4(c) if the person

Instructor Qualifications and Training

604.144 (1) No private operator shall permit a person to act — and no person shall act — as a flight instructor or a flight simulator instructor unless

(2) No private operator shall permit a person to act — and no person shall act — as a ground instructor unless the person has received, before the day on which the person begins to act as ground instructor, training that includes the following elements:

Flight Attendant Training

604.145 No private operator shall permit a person to act — and no person shall act — as a flight attendant unless

Flight Dispatcher and Flight Follower Training

604.146 (1) No private operator shall permit a person to act — and no person shall act — as a flight dispatcher unless the person

(2) No private operator shall permit a person to act — and no person shall act — as a flight follower unless the person has received the training set out in subsection 604.180(2) and the validity period of the training has not expired.

Ground and Airborne Icing Operations Training

604.147 No private operator shall permit a person to perform — and no person shall perform — duties relating to ground and airborne icing operations unless the person has received the training set out in section 604.181 and the validity period of the training has not expired.

Safety Management System Training

604.148 A private operator shall ensure that the operations manager, the maintenance manager and all other personnel receive the training set out in section 604.183.

Training and Qualifications Records

604.149 (1) A private operator shall have for its personnel a training and qualifications record that includes the following information:

(2) If the training referred to in Divisions IV or X includes a written examination, the private operator shall retain a master copy of each examination.

(3) The private operator shall

[604.150 to 604.165 reserved]

Division X — Training Program

Training Program

604.166 (1) Subject to subsection (2), a private operator shall have a training program that covers the subject matter set out in Division IV and in this Division, and the competency check referred to in paragraph 604.143(1)(e), and that takes into account

(2) A private operator who is also an air operator shall have a training program that covers the subject matter set out in this Division and that takes into account

Acquiring and Maintaining Competency

604.167 A private operator shall design its training program so that a person who receives training required under this Subpart

Training Program Content and Training Facilities

604.168 A private operator shall ensure that any training provided to meet the requirements of this Subpart is

Flight Crew Members — Ground Instruction

604.169 (1) The ground instruction component of the training program for flight crew members shall include the following elements:

(2) The ground instruction component of the training program for flight crew members shall include training in the performance of the following emergency procedures:

(3) If a private operator operates a turbo-jet-powered aeroplane, the ground instruction component of the training program for flight crew members who will operate that aeroplane shall include the following elements:

Flight Crew Members — Aircraft Operation Training

604.170 (1) The aircraft operation component of the training program for flight crew members shall include procedures for the normal, abnormal and emergency operation of an aircraft and its systems and components, including the following elements:

(2) When the training referred to in subsection (1) is provided on board an aircraft in flight, the private operator shall have procedures to ensure that situations are simulated or presented, and actions are simulated or performed, so as to not adversely affect the safety of the aircraft, its occupants or any other person.

Flight Crew Members — Level B, C or D Flight Simulator

604.171 Subject to sections 604.172 to 604.174, a private operator may provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member either on board an aircraft or using a level B, C or D flight simulator. However, if the private operator provides the training using a level B flight simulator, the private operator shall provide training in respect of the following activities on board an aircraft:

Flight Crew Members — Level C or D Flight Simulator

604.172 A private operator may provide the training referred to in subsection 604.170(1) and sections  604.177 and 604.178 to a flight crew member using only a level C or D flight simulator if

Flight Crew Members — Level D Flight Simulator

604.173 A private operator may provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member using only a level D flight simulator if

Flight Crew Members — Turbo-jet-powered Aeroplane or Transport Category Aircraft — Level C or D Flight Simulator

604.174 A private operator who operates a turbo-jet-powered aeroplane or transport category aircraft shall provide the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 to a flight crew member using a level C or D flight simulator if a level C or D flight simulator is used for that aircraft type in Canada, the United States or Mexico.

Flight Crew Members — Compatibility of Flight Simulators

604.175 A flight simulator that differs from the private operator’s aircraft with respect to installed equipment, systems, cockpit configuration, engine type or performance may be used for the training referred to in subsection 604.170(1) and sections 604.177 and 604.178 if

Flight Crew Members — High Altitude Indoctrination Training

604.176 The component of the training program for flight crew members who will operate an aircraft above 13,000 feet ASL shall include the following elements:

Flight Crew Members — One-engine Inoperative Ferry Flights

604.177 The component of the training program for flight crew members who will operate an aircraft during a one-engine inoperative ferry flight under a flight permit issued under section 507.04 shall include training in the operational procedures and limits specified in the aircraft flight manual.

Flight Crew Members — Upgrade to Pilot-in-Command

604.178 The component of the training program for flight crew members who have served as second-in-command and who are to be upgraded to pilot-in-command shall include the following elements:

Flight Attendants

604.179 The component of the training program for flight attendants shall include the following elements:

Flight Dispatchers and Flight Followers

604.180 (1) The component of the training program for flight dispatchers shall include the following elements:

(2) The component of the training program for flight followers shall include the elements referred to in paragraphs (1)(a) to (q).

Ground and Airborne Icing Operations

604.181 The component of the training program for flight crew members and ground personnel that relates to ground and airborne icing operations shall include the following elements:

Maintenance, Elementary Work and Servicing

604.182 (1) The component of the training program for persons who performs maintenance or elementary work shall include the following elements:

(2) The component of the training program for persons who perform servicing shall include the following elements:

Safety Management System

604.183 The component of the training program in respect of the private operator’s safety management system shall include the following elements:

[604.184 to 604.196 reserved]

Division XI — Operations Manual

General Requirement

604.197 (1) A private operator shall have an operations manual that sets out the processes, practices and procedures applied in the course of its operations. The operations manual shall include a table of contents and shall deal with the following topics:

(2) The private operator shall ensure that it is possible to verify the currency and validity of each part of its operations manual.

Distribution

604.198 (1) A private operator shall provide a copy of its operations manual and a copy of every amendment to that manual to every member of its personnel who is involved in the private operator’s operations.

(2) Every person who has been provided with a copy of an operations manual under subsection (1) shall keep it up to date by inserting in it the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.

(3) Despite subsection (1), instead of providing every crew member with a copy of its operations manual and a copy of every amendment to that manual, a private operator may keep an up-to-date copy of the appropriate parts of that manual in each aircraft that it operates.

[604.199 to 604.201 reserved]

Division XII — Safety Management System

Prohibition

604.202 No private operator shall conduct flight operations unless it has a safety management system that meets the requirements of section 604.203.

Components of the Safety Management System

604.203 (1) Subject to subsection (2), the private operator’s safety management system shall include the following components:

(2) The safety management system of a private operator who has no employees is not required to include the components referred to in the following provisions:

Duties of Operations Manager

604.204 (1) The operations manager shall

(2) When a finding produced by the safety management system is reported to the operations manager, the operations manager shall

Duties of Personnel

604.205 The personnel of a private operator shall

Quality Assurance Program

604.206 (1) The quality assurance program shall make provision for sampling the private operator’s processes in order to measure

(2) An audit required by the quality assurance program shall be conducted

(3) A quality assurance program shall include

(4) An audit conducted under paragraph (2)(d) or (e) shall be a complete audit.

(5) No private operator shall assign a duty relating to the quality assurance program to a person who is responsible for carrying out a task or an activity evaluated by that program unless

Review of the Safety Management System

604.207 (1) A periodic review of the safety management system shall measure the effectiveness of the system in the attainment of the performance goals referred to in subparagraph 604.203(1)(b)(ii).

(2) A review of the safety management system shall be conducted

(3) A review of the safety management system shall include procedures for

(4) A review conducted under paragraph (2)(c) shall be a complete review.

(5) No private operator shall assign a duty relating to a review of the safety management system to a person who is responsible for carrying out a task or an activity that is the subject of the review unless

Duties of Private Operator — Review

604.208 The private operator shall

19. Section 605.04 of the Regulations is replaced by the following:

605.04 (1) No person shall conduct a take-off in an aircraft, for which an aircraft flight manual is required by the applicable standards of airworthiness, unless the aircraft flight manual or, if an aircraft operating manual has been established under section 604.37 or Part VII, the aircraft operating manual is available to the flight crew members at their duty stations.

(2) The aircraft flight manual or, if an aircraft operating manual has been established under section 604.37 or Part VII, those parts of the aircraft flight manual that are incorporated into the aircraft operating manual shall include all the amendments and supplementary material that are applicable to the aircraft type.

20. Paragraph 605.10(1)(c) of the Regulations is replaced by the following:

21. Subparagraph 605.36(2)(b)(ii) of the Regulations is replaced by the following:

22. Schedule I to Subpart 5 of Part VI of the Regulations is amended by replacing the references after the heading “SCHEDULE I” with the following:

(Paragraph 604.127(i), subsection 605.94(1) and Item 3 of Schedule II)

23. Subsection 606.03(1) of the Regulations is replaced by the following:

606.03 (1) No person shall use synthetic flight training equipment to provide training or to conduct a skills assessment required under Part IV, this Part or Part VII unless there is in force in respect of that equipment a flight simulator certificate or flight training device certificate issued under subsection (2) or an equivalent approval or certificate issued under the laws of a foreign state with which Canada has an agreement respecting such equipment.

24. Section 700.02 of the Regulations is amended by adding the following after subsection (4):

(5) Despite subsections (1) and (2), a person who does not hold an air operator certificate may operate an air transport service, or operate an aeroplane or helicopter to conduct aerial work involving the transport of passengers or goods, if

TRANSITIONAL PROVISION

25. For greater certainty, a temporary private operator certificate or an operations specification issued by the Minister to a private operator under any of the following interim orders expires on the day on which these Regulations come into force:

COMING INTO FORCE

26. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Background

There were no regulations governing the operation of business aircraft in non-commercial air service prior to 1983. In 1962, the Canadian Business Aviation Association (CBAA) was incorporated. Its official purpose was to represent private operators varying from the small one-person pilot/owner operation to some larger corporate flight departments. In 1983, Transport Canada introduced Air Navigation Order, Series I, No. 2 Private Aeroplanes Passenger Transportation Order to regulate the operation of turbine-powered, pressurized and large passenger-carrying aircraft engaged in non-commercial air service in response to a series of accidents, one of which involved a large aircraft carrying a number of company personnel.

In 1996, the Canadian Aviation Regulations (CARs) replaced the Air Navigation Order, and Subpart 4 of Part VI of the CARs, Private Operator Passenger Transportation, established the rules governing the issuance of private operator certificates (POCs). In 2000 and 2001, Transport Canada released the conclusions of two joint Transport Canada/CBAA studies evaluating the feasibility and modalities of the self-regulating of business aviation in Canada (Self-Regulation of Business Aviation in Canada and Business Aviation Operational Safety Standards System — Phase 2: Standards, Procedures and Operator Fees).

In 2005, Transport Canada transferred the responsibility of administering the certification of private operators to the CBAA in Canada. Over the following years, the CBAA expanded its certification program to include not only corporate flight departments but also helicopters and unpressurized multi- and single-engine aircraft. In 2006, Transport Canada initiated an assessment of the CBAA’s management of the POC system with a view to verifying that its policies, procedures, and practices were meeting the requirements of Subpart 4 of Part VI of the CARs.

In September 2009, the Transportation Safety Board (TSB) released Aviation Investigation Report No. A07A0134 where a Bombardier BD-700-1A11 operated by Jetport Inc. landed short of the runway at the Fox Harbour aerodrome in Nova Scotia. In November 2009, the TSB released Aviation Investigation Report No. A08W0068 where a Piper PA 46-350P operated by ADWEL Investment Ltd. crashed following in-flight loss of control, killing the five people on board. Both reports provided recommendations to Transport Canada and the CBAA with respect to their responsibilities in the oversight of private operators.

In December 2009, the Minister of Transport confirmed that the certification and oversight of private operators were core responsibilities of Transport Canada that should not be held by the private sector. On March 16, 2010, the Minister announced that Transport Canada would take back the certification and oversight activities of private operators regulated pursuant to Subpart 4 of Part VI of the CARs from the CBAA on April 1, 2011.

On April 1, 2011, Transport Canada resumed the certification function of private operators through the means of interim orders and issued a Temporary Private Operator Certificate (TPOC) to all holders of a POC. The interim orders provided for a temporary regulatory framework that allowed Transport Canada to relieve and replace the CBAA from its certification and oversight functions. New applicants (private operators that did not hold a valid CBAA private operator certificate at the time of the making of the first interim order) were subject to the same conditions as those requested from TPOC holders. The current Interim Order, Interim Order No. 11 Respecting Private Operators, made on May 31, 2013, ceases to have effect on June 1, 2014.

Issues

The Minister of Transport confirmed in December 2009 that the certification and oversight of private operators were core responsibilities of Transport Canada and should not be held by the private sector.

Objectives

The objective of these Regulations is to provide a regulatory framework that supports the registration and oversight of private operators by Transport Canada.

Description

Prior to the interim orders, the CBAA was responsible for administering the certification of private operators; it was responsible for ensuring that private operators complied with the Business Aviation Operational Safety Standards System (BAOSS) via audits performed by CBAA-accredited auditors. These amendments to Subpart 4 of Part VI of the CARs re-assign to Transport Canada full responsibility for the oversight of private operators, including assessing their continued compliance with the operational requirements (e.g. flight operations, personnel requirements and training programs, emergency equipment and cabin safety, maintenance, safety management systems) set out in the Regulations.

Unlike certification, which entails verification actions by the Minister of Transport (e.g. operations manual assessment, pre-certification audit) prior to the issuance of an approval to start operations, registration only requires the applicant to provide tombstone information prior to receiving authorization to start operations. Both processes, certification and registration, require the holder of the document to conduct operations that comply with all appropriate rules and standards prescribed in the Regulations.

These Regulations include changes to (but are not limited to) the following:

Transport Canada will issue a private operator registration document to all private operators currently holding a TPOC issued under an interim order. Applicants for a registration document, who, prior to the regulatory framework established by the interim orders, had to submit specific documents for review (e.g. application forms, operations manuals) and pass a pre-certification audit prior to receiving a certification document and starting operations, will only have to provide tombstone information (e.g. the applicant’s legal name, contact information, the names of key personnel). Additionally, applicants will no longer need to undergo a pre-certification audit prior to receiving a registration document.

Transport Canada will only re-issue a new registration document when advised by the private operator of changes or upgrades to the operations that affect the information in the document (e.g. the names of key personnel, the location of the main base and, if any, sub-bases, aircraft type for each aircraft operated).

Private operators will be subject to recurring surveillance activities based on risk indicators. These activities will include program validation inspections, process inspections and assessments.

These Regulations provide greater flight routing flexibility as a result of recent changes to ICAO standards, i.e. increased availability of new performance based navigation (PBN) procedures (e.g. required navigation performance 10 and 4 [RNP 10 and 4]). They provide operators with the ability to fly, with the new procedures being introduced in Canada, and provide easier access to foreign airspaces and airports where these procedures are required.

Private operators requiring a special authorization (e.g. taking off and completing an approach when weather conditions are not within certain prescribed parameters, flights under instrument flight rules [IFR] when an alternate aerodrome has not been designated, and instrument approaches conducted according to the Restricted Canada Air Pilot publication) will have to submit appropriate sections of their operations manual prior to receiving the authorization, as was required prior to the regulatory framework established by the interim orders.

Prior to the regulatory framework established by the interim orders, a private operator who wanted to manage the operations of another private operator in part or totality (e.g. providing trained flight crews, maintenance facilities, dispatch services) could only do so via an exemption from the application of subsection 700.02(1) Requirements for Air Operator Certificate of the CARs, which requires the provider of any such services to hold an Air Operator Certificate (AOC). The amendments allow private operators to manage the operations of other private operators or of commercial operators by means of a management agreement, without having to seek an exemption.

Consultation

No formal consultation had occurred prior to the Minister of Transport deciding to take back the certification and oversight of private operators; however, Transport Canada had many informal exchanges with the CBAA following this decision.

In May 2012, Transport Canada convened a focus group composed of private operators (e.g. Air Sprint Inc., Suncor, Trans Canada Pipelines), industry associations (the Canadian Business Aviation Association, the Canadian State Air Operators Association) and government representatives (Manitoba Government Air Services, Transport Canada) to identify and confirm the types of operations/operators that should be subject to the new regulatory framework, to review options that would provide an appropriate level of safety while minimizing impact on the industry, and to address methods for providing special authorizations to operators not captured by the applicability section of the regulations.

Recommendations made by members of the focus group included (but were not limited to) the following:

As a result of internal discussions with regional inspectors, as well as inspectors located at Transport Canada headquarters in Ottawa, on how to implement the policy elements favoured by members of the focus group, Transport Canada

The amendments were prepublished in the Canada Gazette, Part I, on December 7, 2013, followed by a 30-day comment period. Transport Canada advised the members of the Canadian Aviation Regulation Advisory Council (CARAC) via an email sent on December 20, 2013, that it would accept their comments until January 20, 2014.

Transport Canada received 23 written comments from individuals, members of the industry (e.g. Analytical Aeronautics Inc., Bombardier Inc, Dueck Aviation) and associations representing the industry (Canadian Business Aviation Association [CBAA], Canadian Owners and Pilots Association [COPA], Canadian Union of Public Employees [CUPE], Helicopter Association of Canada [HAC], Manitoba Aviation Council [MAC]).

Each submission was reviewed and the suggested changes to the Regulations were considered. The specific comments received and Transport Canada’s corresponding responses can be obtained by contacting the Chief of Regulatory Affairs (contact information is below).

Among the comments received, stakeholders identified general issues related to the development of the Regulations:

The CBAA, CUPE, COPA, and other stakeholders, have questioned the process by which the Regulations were developed following the Minister of Transport’s decision to bring back the certification and oversight of private operators to Transport Canada, and were opposed to the lack of transparency and consultation.

The Minister of Transport announced the decision to return the certification and oversight of private operators to Transport Canada on March 16, 2010, requiring a timeline that did not allow for a risk assessment or extensive consultation. However, Transport Canada had many informal and formal exchanges with the CBAA prior to the publication of the draft Regulations in the Canada Gazette, Part I, and requested the participation of selected stakeholders in the May 2012 focus group.

The Regulations capture private operations ranging from pilot-owners who operate smaller, somewhat sophisticated aircraft (e.g. light twin-engine aeroplanes and helicopters) to corporations that operate corporate jets. These Regulations also make it possible for private operators to benefit from operational advantages associated with specialized equipment, such as advances to global navigation satellite system (GNSS) technology that is becoming increasingly common in many aircraft. The Regulations were developed with consideration for the diversified population they regulate, are performance-based, and are adaptable according to the size and type of operations.

Among the comments received, stakeholders also identified specific issues related to the regulations:

The operational control system requirements being impractical for smaller operators

COPA commented that the requirements of the operational control system are unachievable or impractical for smaller operators and certain aircraft.

Transport Canada is of the view that because the Regulations are performance-based, all items listed under subsection 604.25(2) [e.g. that the names of the persons on board an aircraft are recorded by the private operator before each flight, or that each aircraft is operated within the weight and balance limits specified in the aircraft flight manual] are achievable by small operators and pilot-owners. Guidance material will be made available to operators and pilot-owners to explain how to comply according to the size and type of operations. Adherence to general flight planning requirements that exist for all operations can easily satisfy the requirements of the Regulations. What Subpart 604 predominantly requires is that operators make it clear to all involved which operational control procedures are to be used.

Requirement regarding the approval of special authorizations

Some stakeholders commented that operators requiring approval for a special authorization should only have to meet the requirements of that special authorization and not those of the whole Subpart.

Operations that require the approval of a special authorization involve a greater level of risk and complexity than operations that do not and call for crew training and operational procedures that go well beyond what is required by general licensing and operational rules of the air. Transport Canada is of the view that it is the compliance with both the general requirements of the Subpart (e.g. maintenance requirements, implementation of an SMS) and the additional specific training and equipment requirements of the special authorization that effectively mitigate the array of risks associated with the different special authorizations.

This approach is not new. Private operators applying for operations specifications (previously known as OPS Specs and now called special authorizations) under the interim orders, the previous Regulations (i.e. Subpart 604 as amended on November 15, 2005) and the Regulations that preceded it were required to comply with the requirements of the operations specifications and those of the Subpart.

The cost of requesting training programs to include competency checks

The CBAA is opposed to requiring a training program that includes an end-of-training demonstration of proficiency in the form of a competency check, claiming that it would not improve safety and would add significant costs to operators.

Competency checks, which are done in flight in the aircraft or in a flight simulator, serve the purpose of verifying a candidate’s knowledge and skill and allow for the identification of training that does not result in proficiency. Training that ensures confirmation of proficiency without a competency check requires a highly structured training program where qualified instructors carry out ongoing performance assessments to evaluate an individual’s ability to meet qualification standards. The costs of developing, implementing and maintaining such programs are expected to be higher than those of conventional training programs. Although this type of training is available to all commercial operators in Canada, currently only Air Canada has implemented one.

Prior to transferring to the CBAA the certification of private operators, private operators were required by Transport Canada to train their flight crews to skill standards that were measured in a competency check. When the CBAA took over the certification of private operators, it allowed training schemes that did not require any measure of knowledge and skills at the end of the training program. There was also no need for the training programs to document how proficiency was to be determined.

The training programs of many private operators already have a type of competency check that meets the requirements of the Regulations. The costs of requiring a competency check are less than the costs of requiring that training programs without a competency check implement effective mitigation measures to demonstrate minimum proficiency.

Transport Canada will give private operators that do not already ensure minimum proficiency through a competency check up to 24 months to amend their training program.

The cost of including a quality assurance (QA) program in the SMS

Some stakeholders commented that requiring private operators to include a QA program in their SMS would create unforeseen financial burden.

A QA program is an accepted means of mitigating safety risks by helping to prevent operational errors and/or avoiding systemic safety issues with respect to an operator’s SMS program by ensuring that SMS programs are updated to maintain and/or improve quality and effectiveness (as appropriate) over time. The concept of continual improvement has always been an integral part of SMS. Under the interim orders, private operators were required to adhere to this same requirement. Prior to the interim orders, the CBAA required operators to review and improve their SMS on an ongoing basis. Subsection 2.1 of its Private Operator Certificate Program Manual (June 27, 2007) states:

In the past, Transport Canada recognized that CBAA performed part of those requirements on a contractual basis with their members. The provision of the Regulations in respect of the QA simply clarifies Transport Canada’s expectations with respect to the ongoing improvement of SMS programs. It ensures a level of standardization across private operators for the implementation of SMS. Transport Canada does not agree that the addition of the QA section incrementally increases the financial burden of private operators who were already complying with the Regulations that were in place prior to the interim orders.

Flight attendant requirements

The CBAA commented that private operators should be allowed a 1:50 flight attendant-to-passenger ratio on aircraft with a seating capacity greater than 19 passengers, but should not be required to carry a flight attendant on aircraft with a seating capacity of 19 or fewer passengers.

Prior to transferring to the CBAA the certification of private operators, the CARs required private operators operating aircraft with a seating capacity greater than 19 passengers to carry one flight attendant for each unit of 40 passengers, or portion of that unit, but did not require them to carry a flight attendant on aircraft with a seating capacity of 19 passengers or fewer when certain conditions were met (e.g. aircraft configuration allows the flight crew to exercise aural and visual supervision of the passengers).

The CBAA allowed private operators to move to a 1:50 flight attendant to passenger seat ratio on aircraft with a seating capacity greater than 19 passengers without requiring the same mitigation measures that the other aviation authorities impose when allowing a smaller ratio (e.g. the Federal Aviation Administration), in order to offset the increased safety risk resulting from the smaller ratio.

The Regulations are less demanding of private operators than of commercial operators. For example, private operators are not required to have a flight attendant on board when carrying fewer than 13 passengers, regardless of an aircraft passenger capacity, where commercial operators operating aircraft with a passenger capacity greater than 19 passengers are required to have one flight attendant even if carrying only one passenger.

Transport Canada is currently studying proposals for regulatory amendments that would allow a flight attendant ratio of 1:50 for private and commercial operators. These regulations would include mitigating measures that mirror those required by other jurisdictions.

Stakeholders also identified the need to clarify certain regulatory requirements (e.g. maintenance versus maintenance control system) or to correct certain elements of the regulatory text (e.g. repetition of requirements, erroneous references to other sections of the CARs).

In addition to these amendments, Transport Canada made the following changes to the final Regulations:

604.02 Application: this section lists the types of aircraft in respect of which a private operator registration document may be issued. The Prohibition section lists the types of aircraft that must be operated under such a document unless they are operated in accordance with the requirements of Part VII or under a flight permit issued under Part V. Transport Canada has amended the Application section to include all turbine-powered aircraft, all pressurized aircraft and all multi-engined aircraft. The term “aircraft” includes helicopters. This would allow pilot-owners and operators of helicopters and of types of aeroplanes that were not previously listed to now have access to special authorizations (e.g. Take-off Minima; No Alternate Aerodrome — IFR Flight; Instrument Procedures — GNSS).

604.47 General Prohibition — Special Authorizations: pilot-owners and private operators are no longer required to hold a private operator registration document to use a GNSS receiver for the following minima: lateral navigation (LNAV), lateral navigation/vertical navigation (LNAV/VNAV), localizer performance without vertical guidance (LP) and localizer performance with vertical guidance (LPV).

604.48 No Alternate Aerodrome — IFR Flight, 604.49 Take-off Minima, 604.118 Protective Breathing Equipment, 604.170 Flight Crew Members — Aircraft Operation Training: the term “aeroplane” is replaced with “aircraft,” allowing the use of helicopters for these special authorizations.

604.49 Take-off Minima: the training, demonstration of ability and validity of training requirements have been amended to require training for the second-in-command only if authorized to conduct take-off below minima by operations manual. The alternate aerodrome requirement has been amended to mirror the requirement for take-off when the reported runway visual range (RVR) is at least 1 200 feet.

604.144 Instructor Qualifications and Training: flight simulator instructors no longer have to hold a valid instrument rating so long as they have held one in the past.

604.148 Transportation of Dangerous Goods Training: this section is removed from the Regulations to eliminate duplication, as the transportation of dangerous goods is regulated by the Transportation of Dangerous Regulations; all private operators are subject to these regulatory requirements.

604.170 Flight Crew Members — Aircraft Operation Training: the section has been expanded to include the normal, abnormal and emergency operation training specific to helicopters.

604.172 Flight Crew Members — Level C or D Flight Simulator: the words “at least four hours” were removed.

“One-for-One” Rule

The “One-for-One” Rule does not apply to these amendments, as they do not increase or decrease administrative burden on business.

Transport Canada will replace all TPOCs issued under an interim order with a registration document without further submission from operators. Transport Canada would only re-issue a new registration document to an operator who already holds a registration document when advised by the private operator of changes or upgrades to the operations that affect the information in the document (e.g. the applicant’s legal name, contact information, the names of key personnel), as was the case with a POC prior to the regulatory framework established by the interim orders. There will not be any additional administrative burden on operators already holding a TPOC issued under an interim order as Transport Canada will replace the TPOC with a registration document. These amendments will not increase administrative burden on future applicants seeking a registration document.

Small business lens

The amendments formalize current standard best practices and do not incrementally increase or decrease costs on business; therefore the small business lens does not apply.

Rationale

These amendments simplify the acquisition of a document permitting operations by removing steps previously required by certification (e.g. submission of operations manuals, pre-certification audit). Holders of a registration document will have to undergo one surveillance activity every one to seven years, based on the holder’s specific risk profile (risk profiles are affected by items such as changes in key personnel, aircraft types or special authorizations, or by safety events such as runway incursions, near misses, etc.). Changes to elements of an operator risk profile could prompt additional surveillance activities.

Prior to the interim orders, private operators had to pay annual membership fees to the CBAA in order to participate in the certification program and had to undergo a pre-certification audit. The registration of a private operator and the recurring surveillance activities by Transport Canada does not impose a fee on private operators, resulting in potential savings for current and future private operators.

These amendments meet ICAO’s Annex 6, Part II, provisions. They reduce regulatory differences with other states that did not previously require the certification of private operators. Currently, in the United States, the Federal Aviation Administration (FAA) does not require the registration or certification of private operators.

Implementation, enforcement and service standards

The Regulations will be enforced through monitoring activities. Instances of non-compliance with the Regulations could be penalized through the suspension or cancellation of a Canadian aviation document (e.g. special authorization, a registration document), through the assessment of monetary penalties under section 7.7 of the Aeronautics Act or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.

Private operators that held a TPOC prior to the coming into force of the Regulations will have to comply with these amendments upon their coming into force. However, an exemption from specific sections (e.g. passenger safety features card, training programs, SMS) will give current operators up to 24 months to amend their operations to reflect the changes to the Regulations. New applicants for a registration document will have to comply with these amendments.

Contact

Chief
Regulatory Affairs (AARBH)
Civil Aviation
Safety and Security Group
Department of Transport
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-993-7284 or 1-800-305-2059
Fax: 613-990-1198
Web site: www.tc.gc.ca