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(amended 2007/06/30; previous version)

Canadian Aviation Regulations 2007-1

Content last revised: 2007/06/30

(amended 2003/03/01; previous version)

DIVISION I - GENERAL

Interpretation

303.01 In this Subpart,

"aircraft category for fire fighting" means an aircraft category, determined in accordance with section 303.05 for the purpose of fighting fires involving aircraft; (catégorie d’aéronefs - SLIA)

(amended 2002/06/10; previous version)

"aircraft fire-fighting standards" means the Aerodrome and Airport Standards respecting Aircraft Fire Fighting at Airports and Aerodromes published under the authority of the Minister; (normes de lutte contre les incendies d’aéronefs)

"critical category for fire fighting" means the aircraft category that

(a) in respect of a designated airport, is determined in accordance with section 303.07 for the purpose of establishing the required level of service for fighting fires involving aircraft at the airport, and

(b) in respect of a participating airport or aerodrome, is specified for the airport or aerodrome in the Canada Flight Supplement and corresponds to the level of service for fighting fires involving aircraft at that airport or aerodrome; (catégorie critique - SLIA)

“designated airport”
[Repealed 2007/06/30; previous version]

"in response posture" means, in respect of personnel, in a location at or near the airport or aerodrome that will permit an operator to obtain a satisfactory result in a response test referred to in subsection 303.18(4); (en position d’intervention)
(amended 2003/03/01; no previous version)

"participating airport or aerodrome" means an airport, other than a designated airport, or an aerodrome, for which a critical category for fire fighting is specified in the Canada Flight Supplement. (aéroport ou aérodrome participant)

"rescue" means the act of evacuating persons from an aircraft involved in an aircraft accident or incident at an airport by means of fire suppression and then, if circumstances permit, aircraft entry. (sauvetage)
(amended 2003/03/01; no previous version)

Application

303.02 (1) This Subpart, except subsections 303.03(2) and 303.04(4), applies in respect of a designated airport, which is an airport at which, according to the statistics referred to in subsection 303.06(1), the total of the number of passengers that are emplaned and the number of passengers that are deplaned is more than 180,000 per year.
(amended 2006/06/30; previous version)

(2) This Subpart, except subsections 303.03(1) and 303.04(1) to (3), sections 303.06 and 303.07, subsection 303.10(2) and sections 303.11 and 303.12, applies in respect of a participating airport or aerodrome.
(amended 1998/08/26; previous version)

General Requirements

303.03 (1) The operator of a designated airport shall provide the aircraft fire‑fighting vehicles and the personnel required under this Subpart to respond to an aircraft emergency at the airport
(amended 2006/06/30; previous version)

(a) in the case of an airport listed in the schedule to this Subpart, on the coming into force of these Regulations; and
(amended 2006/06/30; no previous version)

(b) in any other case, twelve months after the statistics compiled in accordance with subsection 303.06(1) show that the airport meets the criteria for a designated airport set out in subsection 303.02(1).
(amended 2006/06/30; no previous version)

(2) The operator of a participating airport or aerodrome shall provide the aircraft fire-fighting vehicles and the personnel required pursuant to this Subpart that correspond to the critical category for fire-fighting published in the Canada Flight Supplement to respond to an aircraft emergency at the airport or aerodrome.

Hours of Operation of an Aircraft Fire-fighting Service

303.04 (1) Subject to subsection (2), the operator of a designated airport shall
(amended 1998/08/26; previous version)

(a) at the beginning of each month and after consultation with the air operators that use the airport, establish the hours of operation of an aircraft fire-fighting service for the month and ensure that those hours coincide with at least 90 per cent of the movements during that month by commercial passenger-carrying aircraft at the airport of which the operator receives notice at least 30 days in advance; and

(b) ensure that the critical category for fire fighting and the hours of operation of an aircraft fire fighting service are published in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier.
(amended 2006/06/30; previous version)

(2) Subject to subsection (5), the operator of a designated airport shall provide an aircraft fire-fighting service for the operation at the airport of aeroplanes in respect of which a type certificate has been issued authorizing the transport of 20 or more passengers, if the aeroplanes are operated under
(amended 2003/03/01; previous version)

(a) Part VI, Subpart 4; or
(amended 2003/03/01; previous version)

(b) Part VII, Subpart 1 or 5.
(amended 2003/03/01; previous version)

(3) The operator of a designated airport shall provide an aircraft fire-fighting service until an aircraft referred to in subsection (2) has taken off or landed or the flight has been cancelled.
(amended 1998/08/26; no previous version)

(4) The operator of a participating airport or aerodrome shall establish the hours during which an aircraft fire-fighting service is to be operated and shall ensure that the hours are published in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier.
(amended 1998/08/26; no previous version)

(5) Subsection (2) does not apply in respect of
(amended 2003/03/01; no previous version)

(a) a cargo flight without passengers;

(b) a ferry flight;

(c) a positioning flight;

(d) a training flight if no fare-paying passengers are on board;

(e) the arrival of an aeroplane when the airport is being used for a diversion or as an alternate aerodrome; or

(f) the subsequent departure of an aeroplane referred to in paragraph (e), if it is conducted in accordance with paragraph 602.96(7)(f).

Aircraft Category for Fire Fighting

303.05 (1) An aircraft category for fire fighting set out in column I of an item of the table to this subsection shall be established for an aircraft based on the aircraft overall length set out in column II of the item and the aircraft maximum fuselage width set out in column III of that item.

Table 303.05(1)

(2) Where the fuselage width of an aircraft that has an overall length within the range set out in column II of an item of the table to subsection (1) is greater than the aircraft maximum fuselage width set out in column III of the item, the aircraft category for fire fighting for the aircraft shall be one category higher than the category set out in column I of that item.

Statistics on the Number of Passengers and Aircraft Movements
(amended 2006/06/30; previous version)

303.06 (1) The operator of an airport or aerodrome shall review, at least once every six months, the statistics in respect of the number of emplaned and deplaned passengers resulting from the Electronic Collection of Air Transportation Statistics project carried out jointly by the Department of Transport and Statistics Canada for the twelve months preceding the date of the review and determine whether the airport or aerodrome qualifies as a designated airport under subsection 303.02(1).
(amended 2006/06/30; previous version)

(2) The operator of a designated airport shall compile monthly statistics setting out the number of movements by commercial passenger‑carrying aircraft in each aircraft category for fire fighting.

(3) The operator of a designated airport shall, at least once every six months, review the monthly statistics for the twelve months preceding the date of the review and determine the three consecutive months with the highest total number of movements by commercial passenger‑carrying aircraft in all aircraft categories for fire fighting.
(amended 2006/06/30; previous version)

(4) Where the review shows more than one period of three consecutive months having the same total number of movements by commercial passenger‑carrying aircraft, the period to be used for the purposes of section 303.07 is

(a) the period involving the highest aircraft category for fire fighting; or

(b) where those periods involve the same highest aircraft category for fire fighting, the period involving the greatest number of movements in that category.

(5) The Minister may, in writing, on application by the operator of a designated airport, authorize the operator to cease providing an aircraft fire-fighting service if the operator demonstrates by means of a risk analysis based on Standard CAN/CSA-Q850-97 entitled Risk Management:  Guideline for Decision-makers as amended from time to time that the cessation of the aircraft fire-fighting service will not result in an unacceptable risk to aviation safety.
(amended 2006/06/30; no previous version)

(6) If the Minister issues an authorization under subsection (5), the operator of a designated airport shall submit the content of the authorization for publication in the Canada Flight Supplement and in a NOTAM, if the NOTAM is published earlier.
(amended 2006/06/30; no previous version)

(7) The operator of a designated airport shall

(a) retain the monthly statistics referred to in subsection (2) for five years after the date of the review; and
(amended 2006/06/30; no previous version)

(b) provide them to the Minister at the Minister’s request.
(amended 2006/06/30; no previous version)

Critical Category for Fire Fighting

303.07 (1) The operator of a designated airport shall determine a critical category for fire fighting for the airport based on the number of movements at the airport during the three‑month period determined in accordance with subsection 303.06(3) or (4) by commercial passenger‑carrying aircraft in the highest and the next highest aircraft categories for fire fighting.
(amended 2006/06/30; previous version)

(2) Where, during the period referred to in subsection (1), the number of movements at the designated airport by aircraft in the highest aircraft category for fire fighting is 700 or more, the critical category for fire fighting is equivalent to that highest aircraft category for fire fighting.

(3) If, during the period referred to in subsection (1), the number of movements at the designated airport by aircraft in the highest aircraft category for fire fighting is less than 700, the critical category for fire fighting shall be determined by decreasing the highest aircraft category for fire fighting by one category.
(amended 2003/06/01; previous version)

(4) If the operator of a designated airport anticipates a period of one or more hours of movements of aircraft of a lower aircraft category for fire fighting only, the operator may reduce the critical category for fire fighting to the highest aircraft category for fire fighting anticipated for that period if the operator
(amended 2003/03/01; no previous version)

(a) documents the anticipated situation; and

(b) notifies the appropriate air traffic control unit or flight service station of the reduced critical category for fire fighting for publication in a NOTAM.

DIVISION II - EXTINGUISHING AGENTS AND AIRCRAFT FIRE-FIGHTING VEHICLES

Extinguishing Agents and Equipment

303.08 The operator of a designated airport or of a participating airport or aerodrome shall provide its aircraft fire-fighting service with both the principal and the complementary extinguishing agents and the equipment delivering the agents that meet the requirements set out in the aircraft fire-fighting standards.

Extinguishing Agent and Aircraft Fire-fighting Vehicle Requirements

303.09 Subject to sections 303.10 and 303.11, the operator of a designated airport or of a participating airport or aerodrome the critical category for fire fighting of which is set out in column I of an item of the table to this section shall provide to the aircraft fire-fighting service at the airport or aerodrome the quantities of water and complementary extinguishing agents set out in columns II and III of the item, and the minimum number of aircraft fire-fighting vehicles set out in column IV of that item necessary to provide the total discharge capacity set out in column V of that item.

Table 303.09

Temporary Exemption

303.10 (1) Subject to subsection (2), the operator of a designated airport or of a participating airport or aerodrome does not have to meet the requirements referred to in section 303.09 where those requirements cannot be met because of a personnel shortage or unserviceable equipment at the airport or aerodrome caused by circumstances beyond the control of its operator and a notification of the reduced level of aircraft fire-fighting service at the airport or aerodrome has been given to the appropriate air traffic control unit or flight service station for publication in a NOTAM.

(2) When the condition described in subsection (1) continues for seven days or more, the operator of a designated airport shall, no later than seven days after the onset of the condition,

(a) establish a plan specifying the corrective measures that are necessary to meet the requirements of section 303.09 and the dates by which those measures shall be taken, which dates shall be as early as practicable given the circumstances; and

(b) submit the plan to the Minister.

(3) The operator of a designated airport shall implement the submitted plan by the date specified in the plan.

Authorization Respecting Reduced Requirements

303.11 (1) The Minister may, in writing, on application by the operator of a designated airport, authorize the operator to meet the requirements set out in the table to section 303.09 for a lower critical category for fire fighting than that established for the airport pursuant to section 303.07 where that operator demonstrates that

(a) the critical category for fire fighting was the result of movements by unusually large commercial passenger-carrying aircraft or an unusually high number of movements by commercial passenger-carrying aircraft at the airport and either of these situations is unlikely to be repeated within the next year; or

(b) the number of movements by, or the size of, commercial passenger-carrying aircraft at the airport is expected to be altered in a manner that would result in a lower critical category for fire fighting.

(2) Where a written authorization has been issued pursuant to subsection (1), the operator of the designated airport shall meet the requirements set out in the table to section 303.09 for the lower critical category for fire fighting specified in the authorization and shall ensure that

(a) notification of the reduced level of aircraft fire-fighting service and the period during which the level is reduced is given to the appropriate air traffic control unit or flight service station for publication in the Canada Flight Supplement and in a NOTAM, where the NOTAM is published earlier;

(b) procedures are established to restore the level of aircraft fire-fighting service to the previous higher level if the reduction in the number of movements by, or in the size of, commercial passenger-carrying aircraft at the airport is temporary; and

(c) the procedures for a reduction in the level of aircraft fire-fighting service and the procedures referred to in paragraph (b) are set out in the airport operations manual.

Adjustment to Higher Requirements

303.12 Where an increase in the number of movements by, or in the size of, commercial passenger-carrying aircraft at a designated airport results in the establishment for the airport of a higher critical category for fire fighting than the previous category, the operator of the airport shall meet the requirements for that higher category as set out in the table to section 303.09 within one year after the date of establishing the higher critical category for fire fighting.

DIVISION III - PERSONNEL REQUIREMENTS

Minimum Personnel

303.13 During the hours of operation of the aircraft fire-fighting service, the operator of a designated airport or of a participating airport or aerodrome shall ensure that trained aircraft fire-fighting personnel are in response posture and in sufficient number to operate the aircraft fire-fighting vehicles and apply the extinguishing agents required by section 303.09.
(amended 2003/03/01; previous version)

Training of Personnel

303.14 The operator of a designated airport or of a participating airport or aerodrome shall ensure that all personnel assigned to aircraft fire-fighting duties are trained in accordance with the aircraft fire-fighting standards.

Equipment and Protective Clothing

303.15 The operator of a designated airport or of a participating airport or aerodrome shall provide all personnel assigned to aircraft fire-fighting duties with the equipment and protective clothing necessary to perform their duties.

Firefighter Qualifications

303.16 (1) No operator of a designated airport or of a participating airport or aerodrome shall permit a person to act and no person shall act as an aircraft firefighter at the airport or aerodrome unless the person has, within the previous 12 months, successfully completed the training specified in the aircraft fire-fighting standards.

(2) The operator of a designated airport or of a participating airport or aerodrome shall

(a) maintain, for each aircraft firefighter, a training record containing the information specified in the aircraft fire-fighting standards;

(b) preserve the training record for three years after the aircraft firefighter leaves the service of the airport or aerodrome; and

(c) at the request of the Minister, provide the Minister with a copy of the training record.

DIVISION IV - RESPONSE READINESS

Personnel Readiness

303.17 The operator of a designated airport or of a participating airport or aerodrome shall ensure that, during the hours of operation of its aircraft fire-fighting service, of the fire-fighting personnel required to be available pursuant to section 303.13, the number of personnel capable of immediate response is sufficient to meet the requirements of the response test referred to in section 303.18.

Response Test

303.18 (1) The operator of a designated airport or of a participating airport or aerodrome shall carry out a response test to evaluate the response time and effectiveness of the aircraft fire-fighting service required to be maintained during the hours of operation specified in section 303.04

(a) every 12 months; and

(b) at any time at the request of the Minister, where the Minister has reasonable grounds to believe that the aircraft fire-fighting service at the airport or aerodrome does not meet the requirements of this Subpart.

(2) The operator of a designated airport or of a participating airport or aerodrome shall give the Minister at least four weeks written notice of the date on which a response test is to be carried out.

(3) The operator of a designated airport or of a participating airport or aerodrome shall provide the Minister with a copy of the results of a response test within 14 days after the date of the test.

(4) A response test at a designated airport or at a participating airport or aerodrome has a satisfactory result if

(a) within three minutes after an alarm is sounded, aircraft fire-fighting vehicles in a number sufficient for applying the principal extinguishing agent at 50 per cent of the total discharge capacity required by section 303.09 are dispatched from their assigned position and, under optimum surface and visibility conditions at the airport or aerodrome, reach the midpoint of the farthest runway serving commercial passenger-carrying aircraft, or another predetermined point of comparable distance and terrain; and

(b) within four minutes after the alarm is sounded, any other aircraft fire-fighting vehicle required by section 303.09 reaches the location referred to in paragraph (a).
(amended 2003/06/01; previous version)

(5) The operator of a designated airport or of a participating airport or aerodrome shall record the results of a response test and shall preserve the records for two years after the date of the test.

(6) If a response test does not have a satisfactory result, the operator of a designated airport or of a participating airport or aerodrome shall
(amended 2003/03/01; previous version)

(a) within six hours after the test, identify the deficiencies that caused the result and notify the appropriate air traffic control unit or flight service of the critical category for fire fighting that corresponds to the level of service that can be provided, for publication in a NOTAM; and
(amended 2003/03/01; previous version)

(b) within seven days after the test, if any deficiency is not corrected, submit a plan to the Minister specifying the measures necessary to obtain a satisfactory result and the dates by which they must be taken, which shall be as early as practicable given the circumstances.
(amended 2003/03/01; previous version)

(7) The operator of a designated airport or of a participating airport or aerodrome shall implement the submitted plan by the dates specified in the plan.

DIVISION V - COMMUNICATION AND ALERTING SYSTEM

Requirement

303.19 The operator of a designated airport or of a participating airport or aerodrome shall provide a communication and alerting system that meets the aircraft fire-fighting standards.

Transitional Provisions

303.20 (1) The operator of a designated airport shall

(a) until November 30, 1998, except in respect of aircraft referred to in subsection 303.04(2), maintain the aircraft fire-fighting service that was provided on November 30, 1997; and
(amended 1998/08/26; previous version)

(b) effective December 1, 1998, meet the requirements for an aircraft fire-fighting service prescribed in subsections 303.03(1) and 303.04(1) and sections 303.07 to 303.19.

(2) The operator of a participating airport or aerodrome shall, effective December 1, 1998, meet the requirements for an aircraft fire-fighting service prescribed in subsections 303.03(2) and 303.04(4), sections 303.08 and 303.09, subsection 303.10(1) and sections 303.13 to 303.19.
(amended 1998/08/26; previous version)

Schedule (Section 303.01)


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