DIVISION I - GENERAL

Application

704.01 This Subpart applies in respect of the operation by a Canadian air operator, in an air transport service or in aerial work involving sightseeing operations, of any of the following aircraft:

(a) a multi-engined aeroplane that has a MCTOW of 8 618 kg (19,000 pounds) or less and a seating configuration, excluding pilot seats, of 10 to 19 inclusive;
(amended 2005/12/01; previous version)

(b) a turbo-jet-powered aeroplane that has a maximum zero fuel weight of 22 680 kg (50,000 pounds) or less and for which a Canadian type certificate has been issued authorizing the transport of not more than 19 passengers;

(b.1) a multi-engined helicopter with a seating configuration, excluding pilot seats, of 10 to 19 inclusive, unless it is certified for operation with one pilot and operated under VFR; and
(amended 2005/12/01; no previous version)

(c) any aircraft that is authorized by the Minister to be operated under this Subpart.

Aircraft Operation

704.02  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 704.07.

704.03 to 704.06 Reserved

DIVISION II - CERTIFICATION

Issuance or Amendment of Air Operator Certificate

704.07 (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 have been approved by the Minister in accordance with 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) operational support services and equipment that meet the Commercial Air Service Standards;

(d) after January 1, 1997, where a master minimum equipment list has been established for a type of aircraft, a minimum equipment list for each aircraft of that type, approved by the Minister in accordance with the procedures specified in the MMEL/MEL Policy and Procedures Manual;

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

(f) an operational control system that meets the requirements of Section 704.15;

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

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

(i) a company operations manual that meets the requirements of Sections 704.120 and 704.121; and

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

Contents of Air Operator Certificate

704.08  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 704.09;

(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 base of operations, scheduled points 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) enroute aerodrome authorizations and limitations,

(iv) special weather minima authorizations,

(v) authorizations concerning flight crew member qualifications and flight crew member complement,

(vi) navigation system authorizations,

(vii) pilot training and pilot proficiency checks,

(viii) special helicopter procedures,

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

(x) leasing arrangements, and

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

General Conditions of Air Operator Certificate

704.09  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.

704.10 and 704.11 Reserved

DIVISION III - FLIGHT OPERATIONS

Operating Instructions

704.12  (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.

General Operational Information

704.13  Every air operator shall establish a system for the timely dissemination of general operational information that includes a means for each crew member to acknowledge receipt of such information.

Scheduled Air Service Requirements

704.14 (1) Subject to subsection (2), every air operator that operates a scheduled air service for the purpose of transporting persons shall operate the service between airports or heliports or between an airport or heliport and a military aerodrome.
(amended 2007/06/30; previous version)

(2) An air operator may operate a scheduled air service for the purpose of transporting persons between an airport and an aerodrome other than a military aerodrome or between two aerodromes if the air operator is authorized to do so in its air operator certificate.

Operational Control System

704.15  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

704.16  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

704.17  (1) 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.

(2) The pilot-in-command of an aircraft shall ensure that one copy of the operational flight plan is left at a point of departure, in accordance with the procedures specified in the company operations manual, and that another copy is carried on board the aircraft until the aircraft reaches the final destination of the flight.

(3) An air operator shall retain a copy of the operational flight plan, including any amendments to that plan, for the period specified in the company operations manual.

Maintenance of Aircraft

704.18  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.

Checklist

704.19 (1) Every air operator shall establish the checklist referred to in paragraph 602.60(1)(a) for each aircraft type that it operates and shall make the appropriate parts of the checklist readily available to the crew members.

(2) Every crew member shall follow the checklist referred to in subsection (1) in the performance of the crew member's assigned duties.

Fuel Requirements

704.20 No air operator shall authorize a flight and no person shall commence a flight unless the aircraft carries sufficient fuel to meet the fuel requirements of Part VI and to allow the aircraft

(a) in the case of an aeroplane operated in IFR flight,

(i) to descend at any point along the route to the lower of

(A) the single-engined service ceiling, or

(B) 10,000 feet,

(ii) to cruise at the altitude referred to in subparagraph (i) to a suitable aerodrome,

(iii) to conduct an approach and a missed approach, and

(iv) to hold for 30 minutes at an altitude of 1,500 feet above the elevation of the aerodrome selected in accordance with subparagraph (ii); and

(b) in the case of a helicopter operated in night VFR flight, to fly to the destination aerodrome and then to fly for 30 minutes at normal cruising speed.

Admission to Flight Deck

704.21 (1) Where a Department of Transport air carrier inspector presents an official identity card to the pilot-in-command of an aircraft, the pilot-in-command shall give the inspector free and uninterrupted access to the flight deck of the aircraft.

(2) An air operator and the pilot-in-command shall make available for the use of the air carrier inspector the seat most suitable to perform the inspector's duties, as determined by the inspector.

Simulation of Emergency Situations

704.22 No person shall, where passengers are on board an aircraft, simulate emergency situations that could affect the flight characteristics of the aircraft.

VFR Flight Obstacle Clearance Requirements

704.23 Except when conducting a take-off or landing, no person shall operate an aircraft in VFR flight

(a) at night, at less than 1,000 feet above the highest obstacle located within a horizontal distance of three miles from the route to be flown; or

(b) where the aircraft is an aeroplane, during the day, at less than 500 feet AGL or at a horizontal distance of less than 500 feet from any obstacle.

VFR Flight Minimum Flight Visibility - Uncontrolled Airspace

704.24 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.

VFR Flight Weather Conditions

704.25  No person shall commence a VFR flight unless current weather reports and forecasts, if obtainable, indicate that the weather conditions along the route to be flown and at the destination aerodrome will be such that the flight can be conducted in compliance with VFR.

Take-off Minima

704.26 (1) Subject to subsection (2), no person shall conduct a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used unless

(a) the take-off is authorized in an air operator certificate; and

(b) the person complies with the Commercial Air Service Standards.

(2) A person may conduct a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used, if the weather conditions are at or above the landing minima for another suitable runway at that aerodrome, taking into account the aircraft performance operating limitations specified in Division IV.

(3) For the purposes of Section 602.126, a person may conduct a take-off in an aircraft in IMC where weather conditions are below the take-off minima specified in the instrument approach procedure, if the person

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

(b) complies with the Commercial Air Service Standards.

(4) For the purposes of this Section, the landing minima are the decision height or the minimum descent altitude and the visibility published for an approach.

No Alternate Aerodrome - IFR Flight

704.27 For the purposes of Section 602.122, a person may conduct an IFR flight where an alternate aerodrome has not been designated in the IFR flight plan or in the IFR flight itinerary, if the person

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

(b) complies with the Commercial Air Service Standards.

VFR OTT Flight

704.28 No person shall operate an aircraft in VFR OTT flight unless

(a) [Repealed 2007/06/30; previous version];

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

(c) the person complies with the Commercial Air Service Standards.

Routes in Uncontrolled Airspace

704.29 No person shall, in uncontrolled airspace, conduct an IFR flight or a night VFR flight on a route other than an air route unless the air operator establishes the route in accordance with the Commercial Air Service Standards.

704.30 Reserved
(amended 2006/12/01; previous version)

Minimum Altitudes and Distances

704.31 For the purposes of Sections 602.13 and 602.15, a person may conduct a take-off, approach or landing in a helicopter within a built-up area of a city or town, or operate a helicopter at altitudes and distances less than those specified in subsection 602.14(2), 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.

Weight and Balance Control

704.32 (1) No person shall operate an aircraft unless, during every phase of the flight, the load restrictions, weight and centre of gravity of the aircraft conform to the limitations specified in the aircraft flight manual.

(2) An air operator shall have a weight and balance system that meets the Commercial Air Service Standards.

(3) An air operator shall specify in its company operations manual its weight and balance system and instructions to employees regarding the preparation and accuracy of weight and balance forms.

Apron and Cabin Safety Procedures

704.33 (1) An air operator shall establish procedures to ensure that

(a) passengers move on the apron and embark and disembark safely, in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator's company operations manual;

(b) all passengers are seated and secured in accordance with subsection 605.26(1);

(c) subject to subsection (2), the back of each seat is in the upright position and all chair tables are stowed during movement on the surface, take-off and landing and at such other times as the pilot-in-command considers necessary for the safety of the persons on board the aircraft;

(d) seats located at emergency exits are not occupied by passengers whose presence in those seats could adversely affect the safety of passengers or crew members during an emergency evacuation; and

(e) the flight crew can exercise supervisory control over passengers by visual and aural means.

(2) An air operator may, for the transportation of any passenger who has been certified by a physician as unable to sit upright, allow the back of the seat occupied by such a passenger to remain in the reclining position during movement on the surface, take-off and landing if

(a) the passenger is seated in a location that will not restrict the evacuation of other passengers from the aircraft;

(b) the passenger is not seated in a row that is next to or immediately in front of an emergency exit; and

(c) the seat immediately behind the passenger's seat is vacant.

(3) No air operator shall assign a person to perform duties on board an aircraft unless that person has received the training referred to in paragraph 704.115(2)(d).

(4) No air operator shall permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator's company operations manual.

(5) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that

(a) meet the Commercial Air Service Standards; and

(b) are specified in the air operator's company operations manual.

Briefing of Passengers

704.34 (1) The pilot-in-command shall ensure that passengers are given a safety briefing in accordance with the Commercial Air Service Standards.

(2) Where 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 that passenger is responsible for another person on board the aircraft, the pilot-in-command shall ensure that the passenger is given an individual safety briefing that

(a) is appropriate to the passenger's needs; and

(b) meets the Commercial Air Service Standards.

(3) The pilot-in-command shall ensure that, in the event of an emergency and where time and circumstances permit, all passengers are given an emergency briefing in accordance with the Commercial Air Service Standards.

(4) The pilot-in-command shall ensure that each passenger who is seated next to an emergency exit is made aware of how to operate that exit.

Safety Features Card

704.35  An air operator shall provide each passenger, at the passenger's seat, with a safety features card containing, in pictographic form, the information required by the Commercial Air Service Standards, and any wording shall be in English and French.

Instrument Approach Procedures
(amended 2006/12/01; previous version)

704.36 (1) No person shall conduct a CAT II or CAT III precision approach unless
(amended 2006/12/01; previous version)

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

(b) the approach is conducted in accordance with the Manual of All Weather Operations (Categories II and III).

(2) No person shall terminate an instrument approach with a landing unless, immediately prior to landing, the pilot‑in‑command ascertains, by means of radiocommunication or visual inspection,
(amended 2006/12/01; previous version)

(a) the condition of the runway or surface of intended landing; and

(b) the wind direction and speed.

Approach Bans — Non‑precision, APV, and CAT I Precision
(amended 2006/12/01; previous version)

704.37 (1) For the purposes of subsections (2) to (4), the visibility with respect to an aeroplane is less than the minimum visibility required for a non‑precision approach, an APV or a CAT I precision approach if, in respect of the advisory visibility specified in the Canada Air Pilot and set out in column I of an item in the table to this section,
(amended 2006/12/01; previous version)

(a) where the RVR is measured by RVR “A” and RVR “B”, the RVR measured by RVR “A” for the runway of intended approach is less than the visibility set out in column II of the item for the approach conducted;

(b) where the RVR is measured by only one of RVR “A” and RVR “B”, the RVR for the runway of intended approach is less than the visibility set out in column II of the item for the approach conducted;

(c) where no RVR for the runway of intended approach is available, the runway visibility is less than the visibility set out in column II of the item for the approach conducted; or

(d) where the aerodrome is located south of the 60th parallel of north latitude and no RVR or runway visibility for the runway of intended approach is available, the ground visibility at the aerodrome where the runway is located is less than the visibility set out in column II of the item for the approach conducted.

(2) No person shall continue a non‑precision approach or an APV unless
(amended 2006/12/01; previous version)

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

(b) the aeroplane is equipped with

(i) if the flight crew does not use pilot‑monitored‑approach procedures, an autopilot capable of conducting a non‑precision approach or an APV to 400 feet AGL or lower, or

(ii) a HUD capable of conducting a non‑precision approach or an APV to 400 feet AGL or lower;

(c) the instrument approach procedure is conducted to straight‑in minima; and

(d) a visibility report indicates that

(i) the visibility is equal to or greater than that set out in subsection (1),

(ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or

(iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.

(3) No person shall continue an SCDA non‑precision approach unless
(amended 2006/12/01; previous version)

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

(b) the aeroplane is equipped with

(i) if the flight crew does not use pilot‑monitored‑approach procedures, an autopilot capable of conducting a non‑precision approach to 400 feet AGL or lower, or

(ii) a HUD capable of conducting a non‑precision approach to 400 feet AGL or lower;

(c) the instrument approach procedure is conducted to straight‑in minima with a final approach course that meets the requirements of section 724.37 of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards;

(d) the final approach segment is conducted using a stabilized descent with a planned constant descent angle specified in section 724.37 of Standard 724 — Commuter Operations — Aeroplanes of the Commercial Air Service Standards; and

(e) a visibility report indicates that

(i) the visibility is equal to or greater than that set out in subsection (1),

(ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or

(iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.

(4) No person shall continue a CAT I precision approach to a runway with centreline lighting or a CAT I precision approach in an aeroplane equipped with a HUD unless
(amended 2006/12/01; previous version)

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

(b) in the case of an aeroplane not equipped with a HUD,

(i) if the flight crew does not use pilot‑monitored‑approach procedures, the pilot‑in‑command and the second‑in‑command are qualified to conduct a CAT II precision approach,

(ii) the aeroplane is equipped with

(A) a flight director and autopilot capable of conducting a coupled precision approach to 200 feet AGL or lower, or

(B) if the flight crew uses pilot‑monitored‑approach procedures, a flight director capable of conducting a precision approach to 200 feet AGL or lower, and

(iii) the runway is equipped with serviceable high‑intensity approach lighting, high‑intensity runway centreline lighting and high‑intensity runway edge lighting;

(c) in the case of an aeroplane equipped with a HUD capable of conducting a precision approach to 200 feet AGL or lower,

(i) the pilot‑in‑command and the second‑in‑command are qualified to conduct a CAT II precision approach,

(ii) the aeroplane is equipped with a flight director and autopilot capable of conducting a coupled precision approach to 200 feet AGL or lower, and

(iii) the runway is equipped with serviceable high‑intensity approach lighting and high‑intensity runway edge lighting; and

(d) a visibility report indicates that

(i) the visibility is equal to or greater than that set out in subsection (1),

(ii) the RVR is varying between distances less than and greater than the minimum RVR set out in subsection (1), or

(iii) the visibility is less than the minimum visibility set out in subsection (1) and, at the time the visibility report is received, the aeroplane has passed the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted.

TABLE
APPROACH BANS‑VISIBILITY

704.38 to 704.43 Reserved
(amended 2006/12/01; previous version)

DIVISION IV - AIRCRAFT PERFORMANCE OPERATING LIMITATIONS

Exceptions

704.44 A person may operate an aircraft without complying with the requirements of this Division if the person

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

(b) complies with the Commercial Air Service Standards.

General Requirements

704.45 Any determination made for the purposes of Sections 704.46 to 704.50 shall be based on approved performance data set out in the aircraft flight manual.

Take-off Weight Limitations

704.46 (1) No person shall conduct a take-off in an aircraft if the weight of the aircraft

(a) exceeds the maximum take-off weight specified in the aircraft flight manual for the pressure-altitude and the ambient temperature at the aerodrome where the take-off is to be made; or

(b) after allowing for planned fuel consumption during the flight to the destination aerodrome or alternate aerodrome, exceeds the landing weight specified in the aircraft flight manual for the pressure-altitude and the ambient temperature at the destination aerodrome or alternate aerodrome.

(2) In the determination of the maximum take-off weight referred to in subsection (1) for a small aeroplane,

(a) subject to subsection (5), the required accelerate-stop distance shall not exceed the accelerate-stop distance available (ASDA); and

(b) the all-engines-operating take-off distance shall not exceed the take-off distance available (TODA).

(3) Subject to subsection (5), in the determination of the maximum take-off weight referred to in subsection (1) for a large aeroplane,

(a) the required accelerate-stop distance shall not exceed the accelerate-stop distance available (ASDA);

(b) the required take-off run shall not exceed the take-off run available (TORA); and

(c) the required take-off distance shall not exceed the take-off distance available (TODA).

(4) For the purposes of subsections (2) and (3), the following factors shall be taken into account:

(a) the pressure-altitude at the aerodrome;

(b) the ambient temperature;

(c) the runway slope in the direction of take-off; and

(d) not more than 50 per cent of the reported headwind component or not less than 150 per cent of the reported tailwind component.

(5) A person may conduct a take-off without meeting the requirements of paragraph (2)(a) or subsection (3) if the person

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

(b) complies with the Commercial Air Service Standards.

Net Take-off Flight Path

704.47 (1) No person shall conduct a take-off in a large aeroplane if the weight of the aeroplane is greater than the weight specified in the aircraft flight manual as allowing a net take-off flight path that clears all obstacles by at least 35 feet vertically or at least 200 feet horizontally within the aerodrome boundaries, and by at least 300 feet horizontally outside those boundaries, unless

(a) the take-off is authorized in an air operator certificate; and

(b) the person complies with the Commercial Air Service Standards.

(2) In the determination of the maximum weight, minimum distances and flight path referred to in subsection (1),

(a) corrections shall be made for

(i) the runway to be used,

(ii) the runway slope in the direction of take-off,

(iii) the pressure-altitude at the aerodrome,

(iv) the ambient temperature, and

(v) the wind component at the time of take-off, where not more than 50 per cent of the reported headwind component or not less than 150 per cent of the reported tailwind component is considered; and

(b) calculations shall be based on the pilot

(i) not banking the aeroplane before reaching an altitude of 50 feet,

(ii) subject to subsection (3), using 15 degrees or less of bank at or below 400 feet, and

(iii) using no more than 25 degrees of bank thereafter, aircraft speed and configuration permitting.

(3) A bank angle greater than the 15 degrees referred to in subparagraph (2)(b)(ii) may be used if it is authorized in an air operator certificate.

Enroute Limitations with One Engine Inoperative

704.48 No person shall operate a multi-engined aircraft with passengers on board if the weight of the aircraft is greater than the weight that will allow the aircraft to maintain, with any engine inoperative, the following altitudes:

(a) when operating in IMC or in IFR flight on airways or air routes, the MOCA of the route to be flown;

(b) when operating in IMC or in night VFR flight on routes established by an air operator, the MOCA of the route to be flown; and

(c) when operating in VFR flight, at least 500 feet above the surface.

Dispatch Limitations: Landing at Destination and Alternate Aerodromes

704.49 (1) Subject to subsection (3), no person shall dispatch or conduct a take-off in a turbo-jet-powered aeroplane or in a large aeroplane unless

(a) the weight of the aeroplane on landing at the destination aerodrome will allow a full-stop landing

(i) in the case of a turbo-jet-powered aeroplane, within 60 per cent of the landing distance available (LDA), or

(ii) in the case of a propeller-driven aeroplane, within 70 per cent of the landing distance available (LDA); and

(b) the weight of the aeroplane on landing at the alternate aerodrome will allow a full-stop landing

(i) in the case of a turbo-jet-powered aeroplane, within 60 per cent of the landing distance available (LDA), or

(ii) in the case of a propeller-driven aeroplane, within 70 per cent of the landing distance available (LDA).

(2) In determining whether an aeroplane can be dispatched or a take-off can be conducted in accordance with subsection (1), the following shall be taken into account:

(a) the pressure-altitude at the destination aerodrome and at the alternate aerodrome;

(b) not more than 50 per cent of the reported headwind component or not less than 150 per cent of the reported tailwind component; and

(c) that the aeroplane must be landed on a suitable runway, considering the wind speed and direction, the ground handling characteristics of the aeroplane, and other conditions such as landing aids and terrain.

(3) Where conditions at the destination aerodrome at the time of take-off do not permit compliance with paragraph (2)(c), an aeroplane may be dispatched and a take-off conducted if the alternate aerodrome designated in the operational flight plan permits, at the time of take-off, compliance with paragraph (1)(b) and subsection (2).

Dispatch Limitations: Wet Runway - Turbo-jet-powered Aeroplanes

704.50 (1) Subject to subsection (2), when weather reports or forecasts indicate that the runway may be wet at the estimated time of arrival, no person shall dispatch or conduct a take-off in a turbo-jet-powered aeroplane unless the landing distance available (LDA) at the destination airport is at least 115 per cent of the landing distance required pursuant to paragraph 704.49(1)(a).

(2) The landing distance available on a wet runway may be shorter than that required by subsection (1), but not shorter than that required by Section 704.49, if the aircraft flight manual includes specific information about landing distances on wet runways.

704.51 to 704.61 Reserved

DIVISION V - AIRCRAFT EQUIPMENT REQUIREMENTS

General Requirements

704.62 (1) No person shall operate an aircraft in IMC unless the aircraft is equipped with

(a) at least two generators, each of which, subject to subsection (2), is driven by a separate engine, and at least half of which have a sufficient rating to supply the electrical loads of all instruments and equipment necessary for the safe emergency operation of the aircraft; and

(b) two independent sources of energy and a means of selecting either source, at least one source of energy being an engine-driven pump or generator, and each source of energy being able to drive all gyroscopic instruments and being 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.

(2) In the case of a multi-engined helicopter, the generators required by paragraph (1)(a) may be driven by the main rotor drive train.

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

Operation of Aircraft in Icing Conditions

704.63 (1) No person shall conduct a take-off or continue a flight in an aircraft when icing conditions are reported to exist or are forecast to be encountered along the route to be flown unless the aircraft is equipped to be operated in those conditions and the aircraft type certificate authorizes flight in those conditions.

(2) No person shall operate an aeroplane in icing conditions at night unless the aeroplane is equipped with a means to illuminate or otherwise detect the formation of ice.

Airborne Thunderstorm Detection and Weather Radar Equipment

704.64 No person shall operate an aircraft with passengers on board in IMC when current weather reports or forecasts indicate that thunderstorms may reasonably be expected along the route to be flown, unless the aircraft is equipped with thunderstorm detection equipment or weather radar equipment.

Additional Equipment for Single-pilot Operations

704.65 No person shall operate an aircraft on a single-pilot operation in IMC 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.

Protective Breathing Equipment

704.66 (1) No air operator shall operate a pressurized aircraft unless protective breathing equipment with a 15-minute supply of breathing gas at a pressure-altitude of 8,000 feet is readily available at each flight crew member position.

(2) The protective breathing equipment referred to in subsection (1) may be used to meet the crew member oxygen requirements specified in Section 605.31.

First Aid Oxygen

704.67 No air operator shall operate an aircraft with passengers on board above FL 250 unless the aircraft is equipped with oxygen dispensing units and an undiluted supply of first aid oxygen sufficient to provide at least one passenger with oxygen for at least one hour or the entire duration of the flight at a cabin pressure-altitude above 8,000 feet, after an emergency descent following cabin depressurization, whichever period is longer.

Shoulder Harnesses

704.68 No person 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.

Pitot Heat Indication System
(amended 2007/06/30; previous version)

704.69 After June 30, 2008, no person shall conduct a take-off in a transport category aeroplane, or in a non-transport category aeroplane in respect of which a type certificate was issued after December 31, 1964, that is equipped with a flight instrument Pitot heating system unless the aeroplane is also equipped with a Pitot heat indication system that meets the requirements of section 525.1326 of Chapter 525 — Transport Category Aeroplanes of the Airworthiness Manual.

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

704.70 (1) Subject to subsection (4), no air operator shall operate, in airspace outside RVSM airspace, a turbine‑powered aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds) but less than or equal to 15 000 kg (33,069 pounds) or an aeroplane that is not a turbine‑powered aeroplane having an MCTOW greater than 5 700 kg (12,566 pounds), unless the aeroplane is equipped with an operative ACAS that
(amended 2007/07/01; previous version)

(a) meets the requirements of TSO‑C118 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; or

(b) 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 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 (4), 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) Subject to subsection (4), no air operator shall operate an aeroplane referred to in subsection (1) or (2) 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.

(4) 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; or

(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.

(5) 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)

704.71 to 704.82 Reserved
(amended 2007/06/30; previous version)

DIVISION VI - EMERGENCY EQUIPMENT

Hand-held Fire Extinguisher

704.83 No air operator shall operate an aircraft with passengers on board unless at least one hand-held fire extinguisher is readily accessible for immediate use and is located in the passenger compartment.

Equipment Standards and Inspection

704.84 No air operator shall operate an aircraft unless the emergency equipment carried on board the aircraft pursuant to Division II of Subpart 2 of Part VI or this Division meets the Commercial Air Service Standards and is inspected regularly in accordance with the inspection schedule set out in the air operator's company operations manual.

704.85 to 704.105 Reserved

DIVISION VII - PERSONNEL REQUIREMENTS

Minimum Crew

704.106 No air operator shall operate an aircraft with fewer than two pilots, where the aircraft

(a) is an aeroplane carrying 10 or more passengers; or

(b) is carrying passengers and is being operated in IFR flight.

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

704.107 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

704.108 (1) Subject to subsection (6), 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;

(b) within the previous 90 days, has completed at least three take-offs and three landings

(i) where a type rating for that aircraft is required, in an aircraft of that type, or in a flight simulator representing that type of aircraft that has been approved by the Minister under Subpart 6 of Part VI for take-off and landing qualifications, or

(ii) where a type rating for that aircraft is not required, in an aircraft of that category and class, or in a flight simulator representing that category and class of aircraft that has been approved by the Minister under Subpart 6 of Part VI for take-off and landing qualifications;

(c) 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; and

(d) has fulfilled the requirements of the air operator's ground training program and, except where undergoing line indoctrination training, the air operator's flight training program.

(2) An air operator may group similar aircraft as a single type for the purposes of the pilot proficiency check referred to in paragraph (1)(c) 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 person shall act as the pilot-in-command of an aircraft with passengers on board in IFR flight unless the person has acquired at least 1,200 hours of flight time as a pilot.

(4) No person shall act as the pilot-in-command of an aircraft in VFR flight unless the person has acquired at least 500 hours of flight time as a pilot.

(5) No person shall act as the pilot-in-command of an aircraft with a person other than a flight crew member on board in night VFR flight unless the person acting as the pilot-in-command holds an instrument rating for that class of aircraft.

(6) An air operator may permit a person to act and a person may act as a flight crew member in an aircraft where the person does not meet the requirements of paragraphs (1)(b) to (d), if

(a) the aircraft is operated on a training, ferry or positioning flight; or

(b) the air operator

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

(ii) complies with the Commercial Air Service Standards.

Qualifications of Operational Control Personnel

704.109 (1) No air operator shall permit a person to act and no person shall act in an operational control position unless that person has fulfilled the training requirements set out in this Subpart and has demonstrated to the air operator the knowledge and abilities required by the Commercial Air Service Standards.

(2) A person who has not acted in an operational control position within the previous three months shall, prior to acting in an operational control position, demonstrate to the air operator that the person still has the knowledge and abilities referred to in subsection (1).

Check Authority

704.110 (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

704.111 (1) Subject to subsections (2) and (3), the validity period of a pilot proficiency check and of the annual training referred to in Section 704.115 expires on the first day of the thirteenth month following the month in which the proficiency check or training was completed.

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

(3) The Minister may extend the validity period of a pilot proficiency 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.

(4) Where the validity period of a pilot proficiency 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.

704.112 to 704.114 Reserved

DIVISION VIII - TRAINING

Training Program

704.115 (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) for flight crew members:

(i) company indoctrination training,

(ii) line indoctrination training,

(iii) high-altitude training, where applicable,

(iv) upgrading training, where applicable, and

(v) initial and annual training, including

(A) aircraft type training,

(B) aircraft servicing and ground handling training,

(C) emergency procedures training, and

(D) aircraft surface contamination training;

(b) initial and annual training for operational control personnel;

(c) initial and annual aircraft surface contamination training for those operations personnel designated in the Commercial Air Service Standards;

(d) initial and annual training for personnel who are assigned to perform duties on board an aircraft; and

(e) 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 paragraph (2)(c).

Conditional Approval of Training Program

704.116 (1) The Minister may give conditional approval to a training program where an air operator submits to the Minister a copy of a syllabus of its training program that provides enough information for a preliminary evaluation of the training program in light of the Commercial Air Service Standards.

(2) An air operator may conduct training under a training program that has received conditional approval until the Minister has evaluated the effectiveness of the training program and has informed the air operator of any deficiencies that must be corrected.

(3) The Minister shall give final approval to a conditionally approved training program when the air operator demonstrates that the training conducted under that program is adequate to permit the persons who receive it to safely perform their assigned duties.

Training and Qualification Records

704.117 (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 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 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 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.

704.118 and 704.119 Reserved

DIVISION IX - MANUALS

Requirements Relating to Company Operations Manual

704.120 (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of Section 704.121.

(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 704.121.

Contents of Company Operations Manual

704.121 (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

704.122 (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 all amendments to the manual are included in the system for the dissemination of general operational information referred to in Section 704.13.

(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.

Aircraft Operating Manual

704.123 (1) An air operator may establish and maintain an aircraft operating manual for the use and guidance of crew members in the operation of its aircraft.

(2) An aircraft operating manual shall contain

(a) the aircraft operating procedures; and

(b) where the aircraft flight manual is not carried on board the aircraft, the aircraft performance data and limitations specified in the aircraft flight manual, which shall be clearly identified as aircraft flight manual requirements.

(3) An air operator that has established an aircraft operating manual shall ensure that a copy of the manual is carried on board each aircraft to which it relates.

Standard Operating Procedures

704.124 (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.

(3) Where an air operator has established an aircraft operating manual, the standard operating procedures for the aircraft shall form part of that manual.

704.125 to 704.127 Reserved