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Vol. 137, No. 17 — August 13, 2003 Registration AERONAUTICS ACT Regulations Amending the Canadian Aviation Regulations (Parts I, II and VI)P.C. 2003-1121 24 July, 2003 Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.9 (see footnote a) of the Aeronautics Act, hereby makes the annexed Regulations Amending the Canadian Aviation Regulations (Parts I, II and VI). REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PARTS I, II AND VI) AMENDMENTS 1. (1) The definition "non-piloted aircraft" in subsection 101.01(1) of the Canadian Aviation Regulations (see footnote 1) is repealed. (2) Subsection 101.01(1) of the Regulations is amended by adding the following in alphabetical order: "powered parachute aircraft" means a power-driven heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on surfaces of a flexible parachute-type aerofoil; (aéronef pour parachute entraîné par moteur) "unmanned air vehicle" means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board; (véhicule aérien non habité) 2. (1) Paragraph 201.01(2)(a) of the Regulations is replaced by the following: (a) in the case of an aircraft other than an ultra-light aeroplane or a balloon, to the structure of the aircraft in a place where it is visible to a person on the ground or to a person at the main entrance or rearmost entrance door; (2) Paragraph 201.01(4)(c) of the Regulations is replaced by the following: (c) the type certificate number or equivalent designation, if applicable; and 3. Section 202.04 of the Regulations is replaced by the following: 202.04 (1) If a continuing certificate of registration has been issued in respect of an aircraft under paragraph 202.25(1)(d), no person shall remove the marks that are displayed on the aircraft unless (a) the aircraft is permanently withdrawn from service; (b) the aircraft is being exported from Canada; (c) the aircraft is undergoing or has undergone a transfer of legal custody and control to a person who is not qualified to be the registered owner of a Canadian aircraft; (d) it is necessary to remove the marks for a maintenance operation; (e) the marks are removed and repainted on the aircraft under subsection 202.03(3) or (4); (f) the Minister requests that the marks be removed under section 202.61; (g) the Minister requests that the marks be removed because they are unseemly or embarrassing; (h) the Minister authorizes the removal of the marks under subsection 202.01(2); or (i) the Minister permits the change of the marks under subsection (3). (2) If a continuing certificate of registration has been issued in respect of an aircraft under paragraph 202.25(1)(d), the owner may write to the Minister for permission to change the marks. (3) On receipt of a request to change marks, the Minister shall permit the change if the owner continues to meet the requirements of these Regulations. 4. Subsection 202.13(2) of the Regulations is replaced by the following: (2) Except as otherwise authorized under subsection 202.14(1) or 202.43(1), no person shall operate an aircraft in Canada unless it is registered in Canada, in a contracting state or in a foreign state that has an agreement in force with Canada that allows an aircraft that is registered in that foreign state to be operated in Canada. 5. Section 202.42 of the Regulations and the heading "Period of Time Operated in Canada" before it are replaced by the following: Period of Time Present in Canada 202.42 (1) Subject to section 203.03, no person shall operate in Canada an aircraft that is registered in a foreign state that has been present in Canada for a total of 90 days or more in the immediately preceding twelve-month period unless (a) the foreign state is a contracting state; (b) the operator of the aircraft is
(ii) an individual who is not a Canadian citizen or a permanent resident but is a citizen or subject of the foreign state, or (iii) an entity that is incorporated or otherwise formed under the laws of the foreign state; and (c) if the operator of the aircraft is an entity described in subparagraph (b)(iii), the aircraft is operated in Canada
(ii) in any operation other than an operation that would require a private operator certificate if the aircraft were registered in Canada. (2) For the purposes of calculating the 90-day period, (a) if the aircraft is present in Canada for any part of a calendar day, that part shall be counted as one day; and (b) an aircraft is deemed to be present in Canada as soon as it enters Canadian airspace. 6. Section 602.41 of the Regulations and the heading before it are replaced by the following: Unmanned Air Vehicles 602.41 No person shall operate an unmanned air vehicle in flight except in accordance with a special flight operations certificate or an air operator certificate. 7. Paragraph 603.65(d) of the Regulations is replaced by the following: (d) the operation of an unmanned air vehicle; COMING INTO FORCE 8. These Regulations come into force on December 1, 2003. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description General The Regulations Amending the Canadian Aviation Regulations (Parts I, II and VI) are intended to: • introduce new terminology to replace the term "non-piloted aircraft"; • introduce a new definition for "powered parachute aircraft"; • ease the restrictions on the location at which aircraft identification plates may be placed and on the information which must be included on those plates; • clarify the circumstances under which the marks identifying the nationality and registration of an aircraft may be changed by the aircraft owner; • allow foreign-registered ultra-light aeroplanes to be operated in Canada under the same restrictions as are other foreign-registered aircraft; and • allow foreign-registered corporate owned aircraft which would not be required to be operated under a private operator certificate if they were Canadian registered to be present in Canada for longer than an aggregate of 90 days in the immediately preceding 12-month period. These amendments were pre-published in the Canada Gazette, Part I, on February 1, 2003. One comment was received requesting the use of the full term "unmanned air vehicle" throughout the Canadian Aviation Regulations (CARs) rather than the acronym "UAV". The necessary substitutions have been made. Specific Parts I (General Provisions) and VI (General Operating and Flight Rules) Part I contains definitions affecting more than one Part of the CARs and administrative provisions applicable to all parts of the CARs. Part VI deals with the general operating and flight rules which apply to all aircraft operations, both commercial and private. New Terminology for "Non-piloted Aircraft" Prior to this amendment, the term "non-piloted aircraft" was defined in section 101.01 (Interpretation) of the CARs as "a power driven aircraft, other than a model aircraft, that is operated without a flight crew member on board". This term inaccurately gave the impression that such aircraft are not under the control of a pilot-in-command. In Part I, section 101.01 (Interpretation), an amendment replaces "non-piloted aircraft" with "unmanned air vehicle" which is defined as "a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board". This new definition more accurately describes these aircraft. For consistency in referencing these air vehicles throughout the CARs, where the term "non-piloted aircraft" appears in Part VI, section 602.41 (Non-piloted Aircraft) and section 603.65 (Application) it is being replaced by "unmanned air vehicle". New Definition for "Powered Parachute Aircraft" There was no definition for "powered parachute aircraft" in the CARs, prior to this amendment. In Part IV (Personnel Licensing and Training) section 400.01 (Interpretation) included powered parachutes and powered para-gliders as ultra-light aeroplanes for personnel licensing purposes. However, it is widely recognized that powered parachute aircraft are significantly different from ultra-light aeroplanes. There are many varieties of launch procedures and of canopy types which describe powered parachutes or powered para-gliders none of which are applicable to ultra-light aeroplanes. The intention of the new definition is to capture all the possible variations under a generic description. "Powered parachute aircraft" is being defined in section 101.01 (Interpretation) as "a power-driven heavier-than-air aircraft that derives its lift in flight from aerodynamic reactions on surfaces of a flexible parachute-type aerofoil". Part II (Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-registered Owner) Part II deals with aircraft identification and registration rules which apply to all aircraft in Canada and with the regulations specific to the operation of a leased aircraft by a non-registered owner. Section 201.01 (Aircraft Identification Plates) Section 201.01 (Aircraft Identification Plates) sets forth the requirements for Canadian aircraft to display identification plates, the location on the aircraft at which the plates must be placed and the information which must be included on each plate. Aircraft identification plates identify the specific aircraft frame to which they are attached. Two amendments are being introduced into section 201.01. Firstly, the location at which the plates must be placed is being changed to include a location visible to a person at the main entrance. Previously, the plates had to be visible to a person on the ground, either adjacent to and aft of the rearmost entrance door or on the fuselage surface near the tail. The Standards and Recommended Practices of the International Civil Aviation Organization (ICAO) stipulate that aircraft identification plates should be in a prominent position near the main entrance. Many older or larger aircraft which are imported into Canada have the identification plate affixed in an accessible interior location or an exterior location near a forward entrance rather than the rearmost entrance. For these aircraft to be registered in Canada the identification plate had to be moved or an exemption from the Canadian requirement had to be requested. The amendment brings Canadian requirements into harmonization with the ICAO stipulation and eliminates the need for an exemption for Canadian importers under the above circumstances. Secondly, an additional amendment to section 201.01 relieves aircraft which are not required to have a type certificate (such as ultra-light aeroplanes, amateur built aeroplanes and aircraft operating on a flight permit — experimental) from the need to display a type certificate number. While the majority of Canadian registered aircraft must have a type certificate which confirms that the type design, manufactured product and maintenance program meet minimum safety standards, certain types of aircraft are relieved of this requirement either because the circumstances under which they are produced preclude its issuance or because of the stage of development of the aircraft design. Prior to the introduction of the CARs in October 1996, aircraft without a type approval (in the terminology of the day which has since been changed to "type certificate") were not required to provide the information equivalent to type certificate number on the aircraft identification plate. That provision was inadvertently removed with the promulgation of the CARs. This amendment returns the requirements for aircraft without a type certificate number to those in place prior to October 1996. Section 202.04 (Removal or Change of Marks after Issuance of Continuing Registration) Aircraft nationality and registration marks identify a specific aircraft and the jurisdiction in which it is registered. Aircraft marks are intended to remain with the individual aircraft as long as the aircraft is on the national aircraft register. The regulatory authority uses the record of an aircraft's nationality and registration marks to trace the history of the aircraft. For this reason once a set of marks had been issued for an aircraft those marks were only allowed to be removed or changed under limited conditions or at the request of the Minister. Prior to this amendment, if an owner wished to remove or change the aircraft registration mark for a reason not covered by those stated in section 202.04 a special request had to be made to be exempt from the provisions of section 202.04 which could be allowed or denied at the Minister's discretion. Departmental officials have determined that, given current technology, the history of a given aircraft may be readily tracked despite a change in marks. Therefore, section 202.04 (Removal or Change of Marks after Issuance of Continuing Registration) is being amended to allow an owner of an aircraft on the Canadian register to change the aircraft registration marks after receiving permission to do so from the Minister. At the same time, editorial amendments will clarify the intent of this section. With the exception of the easing of the conditions under which an aircraft owner can voluntarily change aircraft registration marks no changes to current practices and procedures are being made. Section 202.42 (Period of Time Operated in Canada) and Section 202.13 (Registration of Aircraft — General) Foreign-registered Ultra-light Aeroplanes Operating in Canada Prior to this amendment, foreign-registered ultra-light aeroplanes were only permitted to operate in Canada when authorized by the Minister for special aviation events. Among other conditions which might be imposed on their operation in Canada, these aircraft were restricted to a five-mile radius of the location of the event. An amendment to section 202.42 (Period of Time Operated in Canada) removes the limitations specific to foreign-registered ultra-light aeroplanes and permits them to operate in Canada on the same basis as any Canadian ultra-light aeroplane. In Canada, ultra-light aeroplanes are not permitted to be operated in any commercial activity other than for instructional purposes for ultra-light pilot permits. An editorial change in section 202.13 (Registration of Aircraft — General) removes the reference to the provision in section 202.42 which restricted operation of foreign ultra-light aeroplanes in Canada. Foreign-registered Corporate Owned Aircraft Present in Canada An additional amendment to section 202.42 (Period of Time Operated in Canada) will allow aircraft which would not be required to be operated under a private air operator certificate if Canadian registered to be present in Canada for 90 days or longer within a 12-month period. Previously, such aircraft would have been required to leave Canada at the end of 90 days accumulated within an immediately preceding 12-month period or to be placed on the Canadian register. An individual who is an owner of a foreign-registered private aircraft may operate that aircraft in Canada with no limit to the duration of such an operation. The amendment to section 202.42 extends this privilege to an entity (such as an incorporated company) with an aircraft which would not be required, if Canadian, to be operated as a private corporate aircraft under Subpart 604 (Private Operator Passenger Transportation). Subpart 604 applies to Canadian aircraft which are used for the transport of passengers, which are either turbine-powered pressurized aeroplanes or aeroplanes with a maximum permissible take-off weight in excess of 5 700 kg (12,566 lbs) and which are not used in flight training units or for the commercial carriage of passengers. That is, the amendment places corporate owners of foreign-registered small aeroplanes or helicopters on the same footing as individuals who own foreign-registered aircraft and wish to have their aircraft in Canada for longer than 90 days. Foreign-registered corporate aircraft used for transportation of passengers for business purposes will not be affected by the change. An editorial amendment changes the title of this section from "Period of Time Operated in Canada" to "Period of Time Present in Canada" to more accurately reflect the wording and intent of the section. Alternatives No alternative to regulatory action is available to achieve the intent of these changes to the CARs. Benefits and Costs Throughout the development of the aviation regulations and standards Transport Canada applies risk management concepts. Where there are risk implications the analysis of these amendments has led to the conclusion that the imputed risk is acceptable in light of the expected benefits. Parts I (General Provisions) and VI (General Operating and Flight Rules) New Terminology for "Non-piloted Aircraft" The terminology change from "non-piloted aircraft" to "unmanned air vehicle" along with the revision to the definition will have no impact on current practices and procedures and, therefore, no cost implications. It more accurately describes these aircraft. New Definition for "Powered Parachute Aircraft" With the new definition of "powered parachute aircraft" it will be possible to develop regulations and standards which will take into account the specific characteristics of these aircraft and their operation. These aircraft will no longer be automatically included in regulations developed for ultra-light aeroplanes which have significantly different characteristics and operations. This differentiation of powered parachute aircraft will benefit recreational aviation by improving the safety of their operation with appropriately targeted legislation. Any cost impact is expected to be negligible. Part II (Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-registered Owner) Section 201.01 (Aircraft Identification Plates) The amendment to allow an identification plate to be located where it is visible to a person at the main entrance to the aircraft in addition to the current requirement that it be located where it is visible to a person on the ground, either adjacent to and aft of the rearmost entrance door or on the fuselage surface near the tail will reduce costs for Canadian importers of foreign aircraft without impairing the safety of Canadian civil operations. The amendment will reduce the cost of importing an aircraft by eliminating the need for Canadian importers to either relocate the aircraft identification plate or to request an exemption to the requirement of section 201.01 upon bringing an aircraft into Canada which has the plate affixed near a forward entrance. The intent of easy identification of the specific airframe will still be achieved. The benefit-cost impact of the amendment is expected to be positive. The amendment to section 201.01 to relieve aircraft which are not required to have a type certificate from the need to display a type certificate number on their aircraft identification plates will correct an inadvertent omission from the CARs as promulgated in October 1996. There will be no benefit-cost impact from this amendment. Section 202.04 (Removal or Change of Marks after Issuance of Continuing Registration) The amendment to ease the conditions under which an aircraft owner can voluntarily request a change in aircraft registration marks will provide a benefit to owners of aircraft on the Canadian register without imposing any additional costs upon other individuals. Owners who wish to change the marks of their aircraft will no longer be hindered by the requirement for an exemption from the provisions of section 202.04. With current technology the ability of the regulatory authority to track the history of a given aircraft after a change in registration marks is permitted will be unimpaired. Thus, the maintenance and operational history will still be available if the aircraft is involved in an accident or if it changes ownership. The benefit-cost impact will be marginally positive. Section 202.42 (Period of Time Operated in Canada) and Section 202.13 (Registration of Aircraft - General) Foreign-registered Ultra-light Aeroplanes Operating in Canada Advances in technology since the introduction of ultra-light aeroplanes have resulted in aeroplanes which more closely resemble the general aviation training fleet than the ultra-light aeroplanes of the 1970's did. As a result of this progress ultra-light aeroplanes may be safely used by their owners and pilots for an extended variety of recreational purposes. The amendment to section 202.42 removes what now appears an unnecessary restriction and will allow foreign-registered ultra-light aeroplanes to be flown in Canada for personal recreation by their owners and pilots. The amendment to section 202.13 is an editorial change made necessary by the elimination of the restriction on the operation of foreign-registered ultra-light aeroplanes in Canada. A minor benefit will be generated for owners and pilots of foreign-registered ultra-light aeroplanes who wish to use their aeroplanes for recreational purposes in Canada. No negative impact on the safety of Canadian civil aviation is forecast from this change. Overall, the benefit-cost impact of the change will be insignificant. Foreign-registered Corporate Owned Aircraft Present in Canada The amendment places corporate owners of foreign-registered small aircraft on the same footing as individuals who own foreign-registered aircraft and wish to have their aircraft in Canada for longer than 90 days. Foreign-registered corporate aircraft used for transportation of passengers for business purposes will not be affected by the change. The benefit of this change will primarily accrue as a convenience for those few foreign nationals with aircraft registered to a non-Canadian corporate entity who expect to be in Canada for longer than 90 days and who wish to have their aircraft available for their use while they are in Canada without having to place that aircraft on the Canadian register. There may be some resultant financial benefit to Canadian maintenance facilities and fixed base operators who provide services to the owners of these aircraft. The safety of Canadian civil aviation is unlikely to be affected by this change as the regulations of the state in which the aircraft are registered will continue to govern the maintenance and operation of the aircraft except where Canadian regulations are more stringent in which case the Canadian requirements will apply. The impact of this amendment is expected to be essentially neutral with the possibility of some small benefit to the Canadian aviation industry. Summary of Benefit-Cost Analysis In total, the overall impact of these changes to the CARs is expected to be minor but positive. Consultation These amendments were pre-published in the Canada Gazette, Part I, on February 1, 2003. One comment was received requesting the use of the full term "unmanned air vehicle" throughout the CARs rather than the acronym "UAV". The necessary substitutions have been made. The members of the Identification, Registration and Leasing of Aircraft (IRLA) Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) have been consulted with respect to these amendments. Active members of this Technical Committee include Air Canada, Air Canada Connectors, Air Transport Association of Canada, Association québécoise des transporteurs aériens inc., Bell Helicopter Textron, Canadian Airlines International Limited, Canadian Business Aviation Association, Canadian Owners and Pilots Association, C.T. AeroProjects Inc., Canadian Union of Public Employees, de Havilland Inc., Department of National Defence, Experimental Aircraft Association — Canadian Council, International Aircraft Owners and Pilots Association, and NAV CANADA. The Technical Committee reviewed these amendments during a meeting on June 15, 1999 and recommended that they be adopted. These amendments were presented at the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers in the Civil Aviation Directorate of the Department of Transport, on June 25, 1999. The members of CARC approved the amendments. Compliance and Enforcement These Regulations will generally be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, through suspension or cancellation of a Canadian aviation document or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act. Contact
Chief
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