DIVISION I - GENERAL

Application

702.01 (1) Subject to subsection (2), this Subpart applies in respect of the operation of an aeroplane or helicopter in aerial work involving

(a) the carriage on board of persons other than flight crew members;

(b) the carriage of helicopter Class B, C or D external loads;

(c) the towing of objects; or
(amended 1999/06/01; previous version)

(d) the dispersal of products.

(2) This Subpart does not apply in respect of the operation of an ultra-light aeroplane, or in respect of the operation of an aircraft in aerial work involving sightseeing operations.

Aircraft Operation

702.02 No air operator shall operate an aircraft under this Subpart unless the air operator complies with the conditions and operations specifications in an air operator certificate issued to that operator by the Minister pursuant to Section 702.07.

702.03 to 702.06 Reserved

DIVISION II - CERTIFICATION

Issuance or Amendment of Air Operator Certificate

702.07 (1) Subject to Section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend an air operator certificate where the applicant demonstrates to the Minister the ability to

(a) maintain an adequate organizational structure;

(b) maintain an operational control system;

(c) meet training program requirements;

(d) comply with maintenance requirements;

(e) meet the Commercial Air Service Standards for the operation; and

(f) conduct the operation safely.

(2) For the purposes of subsection (1), an applicant shall have

(a) a management organization capable of exercising operational control;

(b) managerial personnel who meet the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely,

(i) operations manager,

(ii) chief pilot, and

(iii) where the applicant does not hold an approved maintenance organization (AMO) certificate, maintenance manager;

(c) the ground handling services and equipment necessary to ensure the safe handling of its flights;

(d) aircraft that are properly equipped for and flight crew members who are qualified for the area of operation and the type of operation;

(e) an operational control system that meets the requirements of Section 702.12;

(f) a training program that meets the requirements of this Subpart;

(g) legal custody and control of at least one aircraft of each category of aircraft that is to be operated;

(h) a company operations manual that meets the requirements of Sections 702.81 and 702.82; and

(i) a maintenance control system approved pursuant to Subpart 6.

Contents of Air Operator Certificate

702.08 An air operator certificate shall contain

(a) the legal name, trade name and address of the air operator;

(b) the number of the air operator certificate;

(c) the effective date of certification;

(d) the date of issue of the certificate;

(e) the general conditions identified in Section 702.09;

(f) specific conditions with respect to

(i) the areas of operation authorized,

(ii) the types of service authorized,

(iii) the types of aircraft authorized and, if applicable, their registration, and any operational restrictions, and

(iv) the main base and, if applicable, sub-bases; and

(g) where the air operator complies with the Commercial Air Service Standards, operations specifications with respect to

(i) aircraft performance, equipment and emergency equipment requirements,

(ii) instrument approach procedures,

(iii) operations over a built-up area or in an aerial work zone,

(iv) the carriage of persons other than flight crew members and persons whose presence on board an aircraft is essential during flight,

(v) special weather minima authorizations,

(vi) authorizations concerning flight crew member complement,

(vii) navigation system authorizations,

(viii) pilot training and pilot proficiency checks,

(ix) special helicopter procedures,

(x) the air operator maintenance control system approved pursuant to Subpart 6,

(xi) leasing arrangements, and

(xii) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.

General Conditions of Air Operator Certificate

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

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

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

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

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

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

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

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

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

(i) the air operator shall notify the Minister within 10 working days after any change in its legal name, trade name, base of operations or managerial personnel; and

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

702.10 Reserved

DIVISION III - FLIGHT OPERATIONS

Operating Instructions

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

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

Operational Control System

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

Flight Authorization

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

Operational Flight Plan

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

Maintenance of Aircraft

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

Carriage of Persons

702.16 No air operator shall allow a person who is not a flight crew member to be carried on board an aircraft unless
(amended 1999/06/01; previous version)

(a) the person's presence on board is essential during the flight;
(amended 1999/06/01; previous version)

(b) the air operator is authorized in its air operator certificate to permit parachute descents and the person is a parachutist; or
(amended 1999/06/01; previous version)

(c) the air operator
(amended 1999/06/01; previous version)

(i) is authorized in its air operator certificate to carry a person, and

(ii) complies with the Commercial Air Service Standards.

VFR Flight Minimum Flight Visibility - Uncontrolled Airspace

702.17 (1) Where an aeroplane is operated in day VFR flight within uncontrolled airspace at less than 1,000 feet AGL, a person may, for the purposes of subparagraph 602.115(c)(i), operate the aeroplane when flight visibility is less than two miles if the person

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

(b) complies with the Commercial Air Service Standards.

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

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

(b) complies with the Commercial Air Service Standards.

Night, VFR OTT and IFR Operations

702.18 (1) Subject to subsection (2), no air operator shall operate an aircraft at night, in VFR OTT flight or in IFR flight

(a) while towing;

(b) while carrying a helicopter Class B, C or D external load;

(c) while dispersing products; or

(d) where the aircraft is a single-engined aircraft.

(2) An air operator may operate an aircraft at night, in VFR OTT flight or in IFR flight in any of the cases referred to in subsection (1), if the air operator

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

(b) complies with the Commercial Air Service Standards.

(3) No air operator shall operate an aircraft at night with persons other than flight crew members on board unless

(a) the pilot-in-command has an instrument rating; or

(b) the air operator is authorized in its air operator certificate to permit parachute descents and night VFR flight and
(amended 1999/06/01; previous version)

(i) the persons are parachutists,

(ii) the flight takes place within 10 nautical miles of the aerodrome of departure, and

(iii) the flight takes place at night; or

(c) the air operator is authorized in its air operator certificate to carry persons, other than parachutists, and the air operator complies with the Commercial Air Service Standards.
(amended 1999/06/01; no previous version)

Entering or Leaving a Helicopter in Flight

702.19 For the purposes of paragraph 602.25(2)(b), the pilot-in-command of a helicopter may permit a person to enter or leave the helicopter in flight

(a) where

(i) the helicopter is operated at a low hover,

(ii) the person is able to enter directly from or alight directly onto the supporting surface,

(iii) the air operator is authorized to do so in its air operator certificate, and

(iv) the air operator complies with the Commercial Air Service Standards; or

(b) where

(i) the helicopter is operated to enable hoisting or rappelling, and

(ii) the air operator complies with Section 702.21.

Aircraft Operating over Water

702.20 No air operator shall, except when conducting a take-off or landing, operate a land aircraft over water, beyond a point where the land aircraft could reach shore in the event of an engine failure, unless the air operator

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

(b) complies with the Commercial Air Service Standards.

Helicopter Class D External Loads

702.21 (1) Subject to subsection (2), no air operator shall operate a helicopter to carry a helicopter Class D external load unless

(a) the helicopter is a multi-engined helicopter that meets the transport category engine-isolation requirements of Chapter 529 of the Airworthiness Manual and that is capable of hovering with one engine inoperative at the existing weight and altitude;

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

(c) the air operator complies with the Commercial Air Service Standards.

(2) An air operator may operate a helicopter other than a helicopter described in paragraph (1)(a) to carry a helicopter Class D external load if the air operator

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

(b) complies with the Commercial Air Service Standards.

Built-up Area and Aerial Work Zone

702.22 (1) For the purposes of subsection 602.13(1), a person may conduct a take-off, approach or landing in an aircraft within a built-up area of a city or town at a place other than an airport, heliport or a military aerodrome, if the person
(amended 2007/06/30; previous version)

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

(b) complies with the Commercial Air Service Standards.

(2) For the purposes of paragraph 602.15(2)(a), a person may operate an aircraft over a built-up area at altitudes and distances less than those specified in paragraph 602.14(2)(a), if the person

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

(b) complies with the Commercial Air Service Standards.

(3) For the purposes of subsection 602.16(2), a person may operate a helicopter that is carrying a helicopter Class B, C or D external load over a built-up area or in an aerial work zone, if the person

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

(b) complies with the Commercial Air Service Standards.

Briefing of Persons Other Than Flight Crew Members

702.23 The pilot-in-command shall ensure that persons, other than flight crew members, who are on board the aircraft are given a safety briefing that meets the Commercial Air Service Standards.

702.24 to 702.31 Reserved

DIVISION IV - AIRCRAFT PERFORMANCE OPERATING LIMITATIONS

702.32 to 702.41 Reserved

DIVISION V - AIRCRAFT EQUIPMENT REQUIREMENTS

Night and IMC Flights

702.42 (1) No person shall operate an aircraft at night unless the aircraft is equipped with at least one landing light.

(2) No person shall operate a multi-engined aircraft in IMC unless the aircraft is equipped with

(a) two generators or two alternators, each of which is driven by a separate engine or by a rotor drive train; and

(b) two independent sources of energy, at least one of which is not a battery, and each of which is able to drive all flight instruments requiring a source of energy and is installed so that the failure of one instrument or one source of energy will affect neither the energy supply to the remaining instruments nor the other source of energy.

Additional Equipment for Single-pilot Operations

702.43 No air operator shall operate an aircraft on a single-pilot operation in IFR flight unless the aircraft is equipped with

(a) an auto-pilot that is capable of operating the aircraft controls to maintain flight and manoeuvre the aircraft about the lateral and longitudinal axes;

(b) a headset with a boom microphone or equivalent and a transmit button on the control column; and

(c) a chart holder that is equipped with a light and that is placed in an easily readable position.

Shoulder Harnesses

702.44 No air operator shall operate an aircraft unless the pilot seat and any seat beside the pilot seat are equipped with a safety belt that includes a shoulder harness.

External Load Equipment

702.45 No air operator shall operate an aircraft carrying an external load unless the attachment device is authorized in a supplemental type certificate or in an airworthiness approval relating to the operational configuration of the aircraft.

ACAS
(amended 2007/07/01; previous version)

702.46 (1) Subject to subsection (3), no air operator shall operate a turbine‑powered aeroplane having an MCTOW greater than 15 000 kg (33,069 pounds) in RVSM airspace unless the aeroplane is equipped with an operative ACAS that
(amended 2007/07/01; previous version)

(a) meets the requirements of TSO‑C119b or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that TSO provides; and

(b) is equipped with a Mode S transponder that meets the requirements of TSO‑C112 or a more recent version of it.

(2) Subject to subsection (3), no air operator shall operate a turbine‑powered aeroplane having an MCTOW greater than 15 000 kg (33,069 pounds) in airspace outside RVSM airspace unless the aeroplane is equipped with an operative ACAS that
(amended 2007/07/01; previous version)

(a) meets the requirements of TSO‑C119a or a more recent version of it or other requirements that the Minister has accepted as providing a level of safety that is at least equivalent to the level that that TSO provides; and

(b) is equipped with a Mode S transponder that meets the requirements of TSO‑C112 or a more recent version of it.

(3) The air operator may operate the aeroplane without its being equipped with an operative ACAS if
(amended 2007/07/01; previous version)

(a) where a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the date of failure of the ACAS;

(b) it is necessary for the pilot‑in‑command to deactivate, in the interests of aviation safety, the ACAS or any of its modes and the pilot‑in‑command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list; or

(c) the aeroplane is engaged in or configured for use in fire fighting, aerial spraying services or aerial surveying and operates only in low level airspace.

(4) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until two years after that day.
(amended 2007/07/01; previous version)

702.47 to 702.53 Reserved
(amended 2007/07/01; previous version)

DIVISION VI - EMERGENCY EQUIPMENT

702.54 to 702.63 Reserved

DIVISION VII - PERSONNEL REQUIREMENTS

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

702.64 An air operator shall designate for each flight a pilot-in-command and, where the crew includes two pilots, a pilot-in-command and a second-in-command.

Flight Crew Member Qualifications

702.65 No air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person

(a) holds the licence and ratings required by Part IV or, where the air operator is the holder of an air operator certificate issued in accordance with the North American Free Trade Agreement, the equivalent foreign licence and ratings;

(b) where the aircraft is operated in IFR flight and persons other than flight crew members are on board, has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards;

(c) if the person is not the chief pilot, has successfully completed a competency check or a pilot proficiency check, the validity period of which has not expired, for that type of aircraft in accordance with the Commercial Air Service Standards; and
(amended 1999/06/01; previous version)

(d) has fulfilled the requirements of the air operator's ground and flight training program.

Check Authority

702.66 (1) A pilot proficiency check shall be conducted by the Minister.

(2) Any other check required under this Subpart may be conducted by the Minister.

Validity Period

702.67 (1) Subject to subsections (3) and (5), the validity period of a pilot proficiency check expires on the first day of the twenty-fifth month following the month in which the proficiency check was completed.

(2) Subject to subsections (4) and (5), the validity period of a competency check and the annual training referred to in Section 702.76 expires on the first day of the thirteenth month following the month in which the competency check or training was completed.

(3) Where a pilot proficiency check is renewed within the last 90 days of its validity period, its validity period is extended by 24 months.

(4) Where a competency check or annual training is renewed within the last 90 days of its validity period, its validity period is extended by 12 months.

(5) The Minister may extend the validity period of a pilot proficiency check, a competency check or annual training by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.

(6) Where the validity period of a pilot proficiency check, a competency check or annual training has been expired for 24 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.

702.68 to 702.75 Reserved

DIVISION VIII - TRAINING

Training Program

702.76 (1) Every air operator shall establish and maintain a ground and flight training program that is

(a) designed to ensure that each person who receives training acquires the competence to perform the person's assigned duties; and

(b) approved by the Minister in accordance with the Commercial Air Service Standards.

(2) An air operator's ground and flight training program shall include

(a) company indoctrination training;

(b) upgrading training;

(c) training in the aerial work to be conducted; and

(d) initial and annual training, including

(i) aircraft type training,

(ii) aircraft servicing and ground handling training,

(iii) emergency procedures training,

(iv) aircraft surface contamination training for pilots and other operations personnel,

(v) training for personnel who are assigned to perform duties on board an aircraft or who are carried externally by an aircraft, and

(vi) any other training required to ensure a safe operation under this Subpart.

(3) An air operator shall

(a) include a detailed syllabus of its ground and flight training program in its company operations manual;

(b) ensure that adequate facilities and qualified personnel are provided for its ground and flight training program, in accordance with the Commercial Air Service Standards; and

(c) establish and maintain a safety awareness program concerning the adverse effects of aircraft surface contamination and provide the program to all flight operations personnel who are not required to receive the training described in subparagraph (2)(d)(iv).

Training and Qualification Records

702.77 (1) Every air operator shall, for each person who is required to receive training under this Subpart, establish and maintain a record of

(a) the person's name and, where applicable, personnel licence number, type and ratings;

(b) if applicable, the person's medical category and the expiry date of that category;

(c) the dates on which the person, while in the air operator's employ, successfully completed any training, pilot proficiency check, competency check or examination required under this Subpart or obtained any qualification required under this Subpart;

(d) information relating to any failure of the person, while in the air operator's employ, to successfully complete any training, pilot proficiency check, competency check or examination required under this Subpart or to obtain any qualification required under this Subpart; and

(e) the type of aircraft or flight training equipment used for any training, pilot proficiency check, competency check or qualification required under this Subpart.

(2) An air operator shall retain the records referred to in paragraphs (1)(c) and (d) and a record of each pilot proficiency check for at least three years.

(3) An air operator shall retain a copy of the most recent written examination completed by each pilot for each type of aircraft for which the pilot has a qualification.

702.78 to 702.80 Reserved

DIVISION IX - MANUALS

Requirements Relating to Company Operations Manual

702.81 (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of Section 702.82.

(2) An air operator shall submit its company operations manual, and any amendments to that manual, to the Minister.

(3) Where there is a change in any aspect of an air operator's operation or where the company operations manual no longer meets the Commercial Air Service Standards, the air operator shall amend its company operations manual.

(4) The Minister shall, where the Commercial Air Service Standards are met, approve those parts of a company operations manual, and any amendments to those parts, that relate to the information required by Section 702.82.

Contents of Company Operations Manual

702.82 (1) A company operations manual, which may be issued in separate parts corresponding to specific aspects of an operation, shall include the instructions and information necessary to enable the personnel concerned to perform their duties safely and shall contain the information required by the Commercial Air Service Standards.

(2) A company operations manual shall be such that

(a) all parts of the manual are consistent and compatible in form and content;

(b) the manual can be readily amended;

(c) the manual contains an amendment control page and a list of the pages that are in effect; and

(d) the manual has the date of the last amendment to each page specified on that page.

Distribution of Company Operations Manual

702.83 (1) Subject to subsection (2), an air operator shall provide a copy of the appropriate parts of its company operations manual, including any amendments to those parts, to each of its crew members and to its ground operations and maintenance personnel.

(2) An air operator may place a copy of the appropriate parts of its company operations manual in each aircraft that it operates, instead of providing a copy to each crew member, if the air operator has established in its company operations manual procedures for amending that manual.

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

Standard Operating Procedures

702.84 (1) Every air operator shall, for each of its aircraft that is required to be operated by two or more pilots, establish and maintain standard operating procedures that enable the crew members to operate the aircraft within the limitations specified in the aircraft flight manual and that meet the Commercial Air Service Standards.

(2) An air operator that has established standard operating procedures for an aircraft shall ensure that a copy of the standard operating procedures is carried on board the aircraft.

702.85 to 702.90 Reserved