DIVISION I - GENERAL

Application

705.01 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) an aeroplane, other than an aeroplane authorized to operate under Subpart 4, that has a MCTOW of more than 8 618 kg (19,000 pounds) or for which a Canadian type certificate has been issued authorizing the transport of 20 or more passengers;

(b) a helicopter that has a seating configuration, excluding pilot seats, of 20 or more; or

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

Aircraft Operation

705.02 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 705.07.

Operations Manager
(amended 2005/05/31; previous version)

705.03 (1) The operations manager shall manage the activities of the air operator in accordance with the company operations manual established under section 705.134.
(amended 2005/05/31; previous version)

(2) The operations manager appointed under paragraph 700.09(1)(a) shall, where a finding resulting from a quality assurance program established under section 706.07 or a safety management system referred to in section 705.151 is reported to them,

(a) determine what, if any, corrective actions are required and carry out those actions;

(b) keep a record of any determination made under paragraph (a) and the reason for it;

(c) if management functions have been assigned to another person under subsection (3) or (4), communicate any determination regarding a corrective action to that person; and

(d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

(3) The operations manager may assign the management functions for the entire safety management system referred to in section 705.151 to another person if the assignment and its scope are described in the air operator’s company operations manual.

(4) The operations manager may assign the management functions for specific duties to another person if the assignment and its scope are described in the air operator’s company operations manual.

(5) The responsibility of the operations manager is not affected by the assignment of management functions to another person under subsection (3) or (4).

Holder of More Than One Certificate
(amended 2005/05/31; previous version)

705.04 If the holder of an air operator certificate issued under section 705.07 is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for maintenance appointed under paragraph 573.03(1)(a) shall, where a finding resulting from a quality assurance program established under section 706.07 is reported to them,
(amended 2005/05/31; previous version)

(a) determine what, if any, corrective actions are required and carry out those actions;

(b) keep a record of any determination made under paragraph (a) and the reason for it;

(c) if management functions have been assigned to another person under subsection 573.04(4) or (5), communicate any determination regarding a corrective action to that person; and

(d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

705.05 and 705.06 Reserved

DIVISION II - CERTIFICATION

Issuance or Amendment of Air Operator Certificate

705.07 (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 pilots,

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

(iv) where flight attendants are required for the operation, flight attendant manager;

(c) a safety management system that meets the requirements of Subpart 7 of Part I and section 705.152;
(amended 2005/11/21; previous version)

(d) operational support services and equipment that meet the Commercial Air Service Standards;

(e) 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;

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

(g) an operational control system that meets the requirements of Section 705.20;

(h) a training program that meets the requirements of Section 705.124;

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

(j) a company operations manual that meets the requirements of Sections 705.134 and 705.135;

(k) a maintenance control system approved pursuant to Subpart 6; and

(l) an air operator emergency response plan that has the components set out in subsection 725.07(3) of Standard 725 - Airline Operations - Aeroplanes of the Commercial Air Service Standards.
(amended 2005/05/31; no previous version)

Contents of Air Operator Certificate

705.08 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 705.09;

(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 crew member complement,

(vi) navigation system authorizations,

(vii) pilot training and pilot proficiency checks,

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

(ix) leasing arrangements,

(x) the use of synthetic flight training devices, and

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

General Conditions of Air Operator Certificate

705.09 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.

705.10 to 705.15 Reserved

DIVISION III - FLIGHT OPERATIONS

Exceptions

705.16 (1) Sections 705.40, 705.43, 705.75, 705.77 to 705.79, 705.104 and 705.139 do not apply where nine or fewer persons are on board an aircraft and each person is

(a) an employee of the air operator;

(b) a person whose presence on board the aircraft is necessary for

(i) the safety of the flight,

(ii) the safe handling of animals,

(iii) the safe handling of dangerous goods,

(iv) the security of valuable or confidential cargo,

(v) the preservation of fragile or perishable cargo, or

(vi) the handling of cargo;

(c) a person described in paragraph (b) who is travelling to or from an assignment;

(d) an owner or shipper of animals; or

(e) a dependant of an employee of the air operator.

(2) Any person referred to in subsection (1) may be carried on board an aircraft for which the type certificate does not authorize the transport of passengers.

(3) No air operator shall operate an aircraft with a person referred to in subsection (1) on board unless

(a) the air operator has established procedures for the transport of that person;

(b) the person has unobstructed access from the person's seat to the flight deck, to an exit or to an emergency exit;

(c) the person is provided with a means of two-way communication with the flight crew members;

(d) the pilot-in-command has a means of notifying the person when safety belts must be fastened; and

(e) the air operator ensures that, before every take-off, the person is given a briefing by a crew member in accordance with the Commercial Air Service Standards.

Operating Instructions

705.17 (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

705.18 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

705.19 (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 or between two aerodromes if the air operator is authorized to do so in its air operator certificate.

Operational Control System

705.20 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

705.21 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

705.22 (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.

(1.1) An air operator shall specify in its company operations manual
(amended 1999/06/01; no previous version)

(a) the period for which the operational flight plan referred to in subsection (3) shall be kept;

(b) the method of recording the formal approval of the plan by the flight dispatcher; and

(c) the method of recording the formal approval of the plan by the pilot-in-command.

(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 keep a copy of the operational flight plan, including any amendments to the plan, for not less than 90 days.
(amended 1999/06/01; previous version)

Maintenance of Aircraft

705.23 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

705.24 (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

705.25 (1) Subject to subsection (2), no air operator shall authorize a flight and no person shall commence a flight unless the aircraft

(a) when operating in VFR flight, carries sufficient fuel to fly to the destination aerodrome and thereafter to fly for 45 minutes at normal cruising speed;

(b) when operating in IFR flight on designated routes or over designated areas as defined in the Commercial Air Service Standards, carries an enroute fuel reserve of five per cent of the fuel required to fly to the destination aerodrome; and

(c) when operating in IFR flight, except when complying with the Safety Criteria for Approval of Extended Range Twin-engine Operations (ETOPS) Manual, carries sufficient fuel to allow the aircraft

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

(A) the one-engine-inoperative service ceiling, or

(B) 10,000 feet ASL,

(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).

(2) An air operator may be authorized in an air operator certificate to reduce the enroute fuel reserve required by paragraph (1)(b) where the air operator complies with the Commercial Air Service Standards.

Extended Range Twin-Engined Operations

705.26 (1) Subject to subsection (2), no air operator shall operate a twin-engined aeroplane on a route containing a point that is farther from an adequate aerodrome than the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed, unless the flight is conducted wholly within Canadian Domestic Airspace.

(2) An air operator may operate an aeroplane on a route referred to in subsection (1) where

(a) the aeroplane is turbine-powered;

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

(c) the air operator complies with the Safety Criteria for Approval of Extended Range Twin-engine Operations (ETOPS) Manual.

Admission to Flight Deck

705.27 (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 observer seat most suitable to perform the inspector's duties, as determined by the inspector.

(3) No person shall be admitted to the flight deck of an aeroplane other than
(amended 2002/03/21; previous version)

(a) a flight crew member;

(b) a crew member performing their duties;

(c) an inspector referred to in subsection (1);

(d) in accordance with the procedures specified in the company operations manual,

(i) an employee of the air operator who is not a crew member performing their duties, and

(ii) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air operator; and

(e) a person who has expertise related to the aeroplane, its equipment or its crew members and who is required to be in the flight deck to provide a service to the air operator.

(4) The air operator shall verify
(amended 2002/03/21; previous version)

(a) in the case of a person referred to in paragraph (3)(d) or (e), the identity of the person by means of a personal photo identification issued by the air operator, its wholly owned subsidiary, its code share partner or a foreign government or a restricted area pass as defined in the Canadian Aviation Security Regulations, and

(b) in the case of a person referred to in paragraph (3)(d), the fact that

(i) the person is currently employed by the air operator, or by a wholly owned subsidiary or code share partner of the air operator; and

(ii) no seat is available for the person in the passenger compartment.

(5) No person referred to in paragraph (3)(d), except an employee of the air operator who is undergoing the aircraft cockpit familiarization required for the performance of their duties, shall be admitted to the flight deck if a seat is available in the passenger compartment.
(amended 2002/03/21; no previous version)

Seats for Cabin Safety Inspectors

705.28 An air operator shall provide a cabin safety inspector who is performing an in-flight cabin inspection with a confirmed passenger seat in the passenger compartment.

Flight Crew Members at Controls

705.29 (1) Subject to subsection (2), flight crew members who are on flight deck duty shall remain at their duty stations with their safety belts fastened and, where the aircraft is below 10,000 feet ASL, with their safety belts, including their shoulder harnesses, fastened.

(2) Flight crew members may leave their duty stations where

(a) their absence is necessary for the performance of duties in connection with the operation of the aircraft;

(b) their absence is in connection with physiological needs; or

(c) they are taking a rest period and are relieved by other flight crew members who meet the qualifications set out in the Commercial Air Service Standards.

Simulation of Emergency Situations

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

Crew Member Briefing

705.31 The pilot-in-command of an aircraft shall ensure that, prior to each flight or series of flight segments, the crew members of the aircraft are given a pre-flight briefing that meets the Commercial Air Service Standards.

VFR Flight Obstacle Clearance Requirements

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

(a) during the day, at less than 1,000 feet AGL or at a horizontal distance of less than 1,000 feet from any obstacle; or

(b) at night, at less than 1,000 feet above the highest obstacle located within a horizontal distance of five miles from the route to be flown or, in designated mountainous regions, at less than 2,000 feet above the highest obstacle located within a horizontal distance of five miles from the route to be flown.

VFR Flight Weather Conditions

705.33 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

705.34 (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 an alternate aerodrome is specified in the operational flight plan and that aerodrome is located

(a) in the case of a twin-engined aircraft, within the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed; or

(b) in the case of a three- or four-engined aircraft or where an air operator is authorized in its air operator certificate to conduct ETOPS with the type of aircraft operated, within the distance that can be flown in 120 minutes at the one-engine-inoperative cruise speed.

(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

705.35 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

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

(a) the aircraft is a helicopter;

(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

705.37 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.

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

Weight and Balance Control

705.39 (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 keep a copy of the weight and balance forms, including any amendments to the forms, for not less than 90 days.
(amended 1999/06/01; previous version)

(4) An air operator shall specify in its company operation manual
(amended 1999/06/01; no previous version)

(a) its weight and balance system;

(b) its instructions to employees regarding the preparation and accuracy of weight and balance forms; and

(c) the period for which the forms shall be kept.

Passenger and Cabin Safety Procedures

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

(a) passengers move to and from the aircraft 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 and carry-on baggage 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; and

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

(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 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.

(4) 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.

Flight Attendant Stations

705.41 (1) Each flight attendant shall, for take-off and landing, occupy a seat in the passenger cabin that meets the requirements of subsection (2).

(2) Each flight attendant station shall be approved by the Minister in accordance with the Commercial Air Service Standards.

(3) No air operator shall permit a flight attendant seat to be occupied by a person other than a flight attendant unless the air operator

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

(b) complies with the Commercial Air Service Standards.

Carry-on Baggage

705.42 (1) Every air operator shall establish a carry-on baggage control program that is approved by the Minister in accordance with the Commercial Air Service Standards.

(2) No air operator shall permit a person to carry on board an aircraft any carry-on baggage unless that baggage has been accepted in accordance with a carry-on baggage control program and can be

(a) stowed in a compartment or overhead rack that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual for the stowage of carry-on baggage;
(amended 1999/06/01; previous version)

(b) stowed under a passenger seat; or

(c) restrained by a means that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.
(amended 1999/06/01; previous version)

(3) No person shall carry on board an aircraft any carry-on baggage unless that baggage has been accepted in accordance with a carry-on baggage control program.

(4) All carry-on baggage that is stowed under a passenger seat shall be restrained in a manner that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.
(amended 1999/06/01; previous version)

(5) All carry-on baggage shall be stowed so that it does not obstruct access to safety equipment, exits or the aisles of the aircraft.

(6) No air operator shall allow the passenger entry doors of an aircraft to be closed for departure until a crew member has verified that all carry-on baggage is stowed in a location that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual or is restrained by a means that has been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.
(amended 1999/06/01; previous version)

(7) All carry-on baggage shall be safely stowed prior to movement of the aircraft on the surface and during take-off, periods of in-flight turbulence and landing.

(8) No carry-on baggage that may cause injury to passengers in the event of turbulence or an emergency shall be stowed in an overhead rack unless that rack is equipped with restraining devices or doors that have been approved by the Minister in accordance with Chapter 551 of the Airworthiness Manual.
(amended 1999/06/01; previous version)

Briefing of Passengers

705.43 (1) An air operator shall ensure that passengers are given a safety briefing in accordance with the Commercial Air Service Standards.

(2) An air operator shall ensure that the safety briefing referred to in subsection (1) is given in English and French.

(3) 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 air operator 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.

(4) An air operator 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.

(5) An air operator shall ensure that each passenger who is seated next to a window emergency exit is informed by a crew member that the window is an emergency exit and is made aware of how to operate that exit.

Safety Features Card

705.44 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.

Closing and Locking of Flight Deck Door
(amended 2002/03/21; previous version)

705.45 (1) Subject to subsection (2), after May 1, 2002, the pilot-in-command of an aeroplane that is equipped with a flight deck door shall ensure that all times from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival,
(amended 2002/03/21; previous version)

(a) in the case of an aeroplane referred to in subsection 705.80(1), the flight deck door is closed and locked using the locking device required by subsection 705.80(2); and
(amended 2003/04/09; previous version)

(b) in the case of any other aeroplane,

(i) the flight deck door is closed, and

(ii) if the door is equipped with a locking device, it is locked.

(2) Subsection (1) does not apply when crew members or persons authorized in accordance with subsection 705.27(3) are required to enter or leave the flight deck
(amended 2002/03/21; previous version)

(a) for the performance of their duties;

(b) for physiological needs; or

(c) for an overriding concern related to the safety of the flight.

(3) In all cases, persons entering or leaving the flight deck must comply with the procedures for opening, closing and locking flight deck doors set out in the company operations manual.
(amended 2002/03/21; previous version)

Night VFR Flight - Aeroplane
(amended 2003/12/01; previous version)

705.46 No person shall operate an aeroplane in night VFR flight unless

(a) the flight is conducted within 25 nautical miles of the departure aerodrome; or

(b) in the case of an IFR flight, the pilot-in-command establishes visual contact with the intended aerodrome of landing and receives an authorization from the appropriate air traffic control unit or flight service station to conduct a visual approach.

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

705.47 (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)

705.48 (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 725.48 of Standard 725 — Airline 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 725.48 of Standard 725 — Airline 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

705.49 to 705.53 Reserved
(amended 2006/12/01; previous version)

DIVISION IV - AIRCRAFT PERFORMANCE OPERATING LIMITATIONS

Exceptions

705.54 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

705.55 Any determination made for the purposes of Sections 705.56 to 705.61 shall be based on approved performance data set out in the aircraft flight manual.

Take-off Weight Limitations

705.56 (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 an 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).

(3) For the purposes of subsection (2), 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.

Net Take-off Flight Path

705.57 (1) No person shall conduct a take-off in an 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.

(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

705.58 (1) No person shall conduct a take-off in an aeroplane if the weight of the aeroplane is greater than the weight that will allow the aeroplane to attain, with any engine inoperative, a net flight path that

(a) has a positive slope at 1,000 feet above all terrain and obstructions within five nautical miles on either side of the intended track, at all points along the route or planned diversion therefrom; or

(b) will permit flight from the cruising altitude to an aerodrome where the requirements of Section 705.60 can be complied with, and clears vertically, by at least 2,000 feet, all terrain and obstructions within five nautical miles on either side of the intended track.

(2) For the purposes of subsection (1), the following factors shall be taken into account after an engine failure:

(a) the effects of wind and temperature on the net flight path; and

(b) the effects of fuel jettisoning, where the jettisoning is conducted in accordance with procedures set out in the company operations manual and sufficient fuel remains to complete a landing with the required fuel reserves.

Enroute Limitations with Two Engines Inoperative

705.59 (1) No person shall operate an aeroplane having three or more engines unless

(a) all points along the intended track are located at a distance that can be flown in 90 minutes or less, with all engines operating at cruise power, from an aerodrome where the requirements of Section 705.60 can be complied with; or

(b) the weight of the aeroplane is not greater than the weight that, according to the two-engines-inoperative enroute net flight path data shown in the aircraft flight manual, will allow the aeroplane to clear vertically, by at least 2,000 feet, all terrain and obstructions within five nautical miles on either side of the intended track, and thereafter to continue flight to an aerodrome where the requirements of Section 705.60 can be complied with.

(2) For the purposes of paragraph (1)(b), the following factors shall be taken into account after the failure of two engines:

(a) the effects of wind and temperature on the net flight path; and

(b) the effects of fuel jettisoning, where the jettisoning is conducted in accordance with procedures set out in the company operations manual and sufficient fuel remains to arrive at the destination aerodrome at 1,500 feet AGL with a fuel reserve sufficient to fly for 15 minutes thereafter at cruise power.

Dispatch Limitations: Landing at Destination and Alternate Aerodromes

705.60 (1) Subject to subsection (3), no person shall dispatch or conduct a take-off in an 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), and

(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

705.61 (1) Subject to subsection (2), when weather reports or forecasts indicate that the runway may be wet at the estimated time of arrival, no air operator shall dispatch or conduct a take-off in a turbo-jet-powered aeroplane unless the landing distance available (LDA) at the destination aerodrome is at least 115 per cent of the landing distance required pursuant to paragraph 705.60(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 705.60, if the aircraft flight manual includes specific information about landing distances on wet runways.

705.62 to 705.66 Reserved

DIVISION V - AIRCRAFT EQUIPMENT REQUIREMENTS

General Requirements

705.67 No person shall operate an aircraft unless the aircraft is equipped with

(a) two independent static pressure systems;

(b) a windshield wiper or rain removal system for each pilot station;

(c) heating or de-icing equipment for each carburetor or an alternate air source for each pressure carburetor or fuel injection system;

(d) a placard on each door that provides passenger access to a passenger emergency exit, stating that the door must be secured or locked open during take-off and landing; and

(e) a means for the crew, in an emergency, to unlock each door that leads to a compartment that is normally accessible to passengers and that can be locked by passengers.

Landing Lights

705.68 No person shall operate an aircraft at night unless the aircraft is equipped with at least two landing lights.

Operation of Aircraft in Icing Conditions

705.69 (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.

Weather Radar Equipment

705.70 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 weather radar equipment.

Protective Breathing Equipment

705.71 (1) No air operator shall operate a pressurized aircraft unless, at each station listed in paragraph (3)(b), protective breathing equipment with a 15-minute supply of breathing gas at a pressure-altitude of 8,000 feet is provided in accordance with this Section.

(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.

(3) Protective breathing equipment shall be conveniently located and readily available

(a) with a fixed or portable breathing gas supply for use by each flight crew member on the flight deck; and

(b) with a portable breathing gas supply for use by crew members in combatting fires, as follows:

(i) one unit for use in each Class A, B and E cargo compartment that is accessible to crew members in the cabin during flight,

(ii) one unit for each hand-held fire extinguisher located in each isolated galley,

(iii) one unit on the flight deck,

(iv) one unit located within one metre of each hand-held fire extinguisher required in the passenger compartment by Section 705.93, except if the Minister has authorized the location of protective breathing equipment more than one metre from each hand-held fire extinguisher where special circumstances exist that make compliance with this subparagraph impractical and that location provides an equivalent level of safety, and

(v) the number of units of protective breathing equipment used to satisfy the requirements of this paragraph shall not be less than the number of flight attendants required for the flight.

First Aid Oxygen

705.72 No air operator shall operate a pressurized aircraft with passengers on board unless the aircraft is equipped with oxygen dispensing units and an undiluted supply of first aid oxygen sufficient to provide two per cent of the occupants, and in any case at least one person, with oxygen for 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.

Interphone System

705.73 No person shall operate an aircraft unless the aircraft is equipped with an interphone system that can be operated independently of the public address system required by Section 705.74, except for handsets, headsets, microphones, selector switches and signalling devices.

Public Address System

705.74 No person shall operate an aircraft with passengers on board unless the aircraft is equipped with a public address system that can be operated independently of the interphone system required by Section 705.73, except for handsets, headsets, microphones, selector switches and signalling devices.

Crew Member Shoulder Harnesses

705.75 (1) Subject to subsection (2), no person shall operate an aircraft unless all pilot seats and seats for each flight attendant required pursuant to Section 705.104 are equipped with a safety belt that includes dual upper torso straps with a single-point release.

(2) Seats for each flight attendant required pursuant to Section 705.104 on the HS 748 and on any aeroplane for which an initial type approval was issued before January 1, 1958 need not be equipped as specified in subsection (1) until June 1, 2000.

Lavatory Fire Protection

705.76 No person shall operate an aircraft unless

(a) each lavatory in the aircraft is equipped with a smoke detector system or equivalent that provides

(i) a warning light in the cockpit, or

(ii) a warning light or audible warning in the passenger compartment that can be readily detected by a flight attendant, taking into consideration the positioning of flight attendants throughout the passenger compartment during the flight;

(b) each lavatory in the aircraft is equipped with a built-in fire extinguisher for each waste disposal receptacle that is installed in the lavatory, and each extinguisher is designed to discharge automatically into the disposal receptacle on the occurrence of a fire in that receptacle;

(c) a readily visible sign that clearly displays a symbol indicating that smoking is prohibited or the words "No Smoking" and "Défense de fumer" is installed above the door handle on both sides of the door to each lavatory in the aircraft;

(d) a readily visible sign that clearly displays a symbol indicating that cigarette disposal is prohibited or the words "No Cigarette Disposal" and "Défense de jeter des cigarettes" is installed adjacent to the opening of each waste disposal receptacle that is located in a lavatory in the aircraft; and

(e) a self-contained, removable ashtray is installed on or near the outside of the door to each lavatory in the aircraft or in some other location or locations where it is readily visible to the users of each lavatory from outside the lavatory.

Flammability Requirements for Aeroplane Seat Cushions

705.77 No person shall operate an aeroplane for which an initial type certificate was issued after January 1, 1958 unless all passenger compartment seat cushions meet the standards respecting the fire protection of seat cushions set out in Chapter 525 of the Airworthiness Manual.

Floor Proximity Emergency Escape Path Markings

705.78 No person shall operate, with passengers on board, an aeroplane for which an initial type certificate was issued after January 1, 1958 unless the aeroplane is provided with floor proximity emergency escape path markings that meet the standards set out in Chapter 525 of the Airworthiness Manual.

Flashlight Stowage

705.79 No person shall operate an aircraft unless it is equipped with flashlight stowage provisions that are accessible from each required flight attendant seat.

Doors and Locks
(amended 2002/03/21; previous version)

705.80 (1) Subject to subsections (3) and (4), no person shall operate an aeroplane in respect of which an initial type certificate was issued after January 1, 1958 unless the aeroplane is equipped with
(amended 2003/04/09; previous version)

(a) in the case of a passenger-carrying aeroplane,

(i) a door between the flight deck and the passenger compartment, and

(ii) if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from the passenger compartment, a door between the crew rest facility and the passenger compartment; and

(b) in the case of an all-cargo aeroplane that was equipped with a flight deck door on January 15, 2002,

(i) a door between the flight deck and a compartment occupied by a person, and

(ii) if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from a compartment occupied by a person, a door between the crew rest facility and the compartment.

(2) The doors required by subsection (1) shall be equipped with a locking device that can be unlocked only from inside the flight deck or the crew rest facility, as the case may be.
(amended 2003/04/09; previous version)

(3) A key shall be readily available to each crew member for each door that separates a passenger compartment or a compartment occupied by a person from an emergency exit, with the exception of a door required by subsection (1).
(amended 2003/04/09; previous version)

(4) No crew member, except a flight crew member, shall have a key to a door required by subsection (1) at any time from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival unless the locking device required by subsection (2) is installed and locked.
(amended 2003/04/09; previous version)

(5) No person shall operate an aeroplane that is required by subsection (1) to be equipped with a door unless
(amended 2003/04/09; previous version)

(a) each door meets the design requirements of section 525.795 of the Airworthiness Manual in effect on May 1, 2002; and

(b) the locking device required by subsection (2) and any other system used to control access to the flight deck can be operated from each flight crew member position.
(amended 2003/04/09; previous version)

Cargo and Baggage Compartment Fire Protection
(amended 2003/12/01; previous version)

705.81 After June 1, 2004, no person shall operate a transport category aeroplane in respect of which an initial type certificate was issued after January 1, 1958 unless each cargo or baggage compartment of the aeroplane meets the requirements set out in section 725.81 of Standard 725 - Airline Operations - Aeroplanes of the Commercial Air Services Standards.

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

705.82 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)

705.83 (1) Subject to subsection (4), no air operator shall operate a turbine‑powered aeroplane 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.

(2) Subject to subsection (4), no air operator shall operate an aeroplane that is not a turbine‑powered aeroplane 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‑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.

(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)

705.84 to 705.88 Reserved
(amended 2007/07/01; previous version)

DIVISION VI - EMERGENCY EQUIPMENT

Megaphones

705.89 No person shall operate, with passengers on board, an aeroplane for which a type certificate has been issued authorizing the transport of 60 or more passengers, unless the following number of portable battery-powered megaphones are carried on board the aeroplane and are conveniently located and readily available for use by the flight attendants:

(a) for each passenger deck, at least one megaphone;

(b) 61 to 99 passenger seats, one megaphone; and

(c) 100 or more passenger seats, two megaphones.

First Aid Kits

705.90 (1) No person shall operate an aircraft unless the following number of first aid kits that meet the Commercial Air Service Standards are carried on board the aircraft:

(a) 0 to 50 passenger seats, one kit;

(b) 51 to 150 passenger seats, two kits;

(c) 151 to 250 passenger seats, three kits; and

(d) 251 or more passenger seats, four kits.

(2) First aid kits shall be

(a) distributed throughout the aircraft cabin;

(b) readily available to crew members and passengers;

(c) clearly identified;

(d) marked with the date of the last inspection; and

(e) where the aircraft is equipped with only one first aid kit, located as close as practicable to an emergency exit.

(3) A stowage compartment that contains a first aid kit shall be clearly marked as to its contents.

Emergency Medical Kit

705.91 No person shall operate an aircraft that has a seating configuration, excluding crew seats, of more than 100 unless an emergency medical kit that meets the Commercial Air Service Standards is carried on board the aircraft.

Crash Axe

705.92 No person shall operate an aircraft unless a crash axe is carried on board the aircraft.

Hand-held Fire Extinguishers

705.93 (1) No person shall operate an aircraft unless hand-held fire extinguishers for use in the flight deck, passenger compartment and cargo compartment are carried on board the aircraft.

(2) The type and quantity of extinguishing agent shall be suitable for extinguishing fires that are likely to occur in the flight deck, passenger compartment or cargo compartment where the extinguisher is intended to be used and, in the case of the extinguishing agent for extinguishers intended to be used in the passenger compartment, shall be designed to minimize the hazard of toxic gas concentrations.

(3) At least one hand-held fire extinguisher shall be conveniently located and readily available for immediate use in each class E cargo compartment that is accessible to crew members during flight, and at least one hand-held fire extinguisher shall be located in each isolated galley.

(4) At least one hand-held fire extinguisher shall be conveniently located on the flight deck and readily available for immediate use by the flight crew members.

(5) The following number of hand-held fire extinguishers shall be conveniently located, readily available for immediate use and uniformly distributed throughout the passenger compartment on each deck:

(a) 60 or fewer passenger seats, two extinguishers;

(b) 61 to 200 passenger seats, three extinguishers;

(c) 201 or more passenger seats, one extra extinguisher for each additional unit of 100 passenger seats.

(6) At least two hand-held fire extinguishers shall contain Halon 1211 (bromochlorodifluoromethane) or its equivalent.

(7) A stowage compartment or stowage container that contains a hand-held fire extinguisher shall be clearly marked as to its contents.

Portable Oxygen

705.94 No person shall operate a pressurized aircraft above FL 250 unless

(a) there is readily available to each flight attendant on board portable oxygen equipment with a 15-minute supply of oxygen; or

(b) sufficient portable oxygen units with masks, or spare outlets and masks, to ensure an immediate supply of oxygen to each flight attendant are distributed throughout the cabin.

Survival Equipment

705.95 No air operator shall operate an aircraft unless the equipment carried on board the aircraft pursuant to Sections 602.61 and 602.63 meets the additional requirements of the Commercial Air Service Standards.

Inspection Requirements

705.96 No air operator shall operate an aircraft unless the emergency equipment carried on board pursuant to this Division is inspected regularly in accordance with the inspection schedule set out in the company operations manual.

Flashlights

705.97 Each flight attendant required pursuant to Section 705.104 shall have a flashlight readily available for use.

705.98 to 705.102 Reserved

DIVISION VII - PERSONNEL REQUIREMENTS

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

705.103 An air operator shall designate for each flight a pilot-in-command and a second-in-command.

Flight Attendant Requirements

705.104 (1) Subject to subsection (3), no air operator shall operate an aircraft with passengers on board unless the crew includes at least the following number of flight attendants:

(a) 1 to 40 passengers on board, one attendant;

(b) 41 to 80 passengers on board, two attendants; and

(c) 81 or more passengers on board, one attendant for each unit of 40 passengers or portion thereof.

(2) Notwithstanding subsection (1), no air operator shall operate an aircraft with passengers on board with fewer flight attendants than the number required to satisfy the following requirements:

(a) the air operator shall, for each type and model of aircraft that it operates, assign to each flight attendant the duties to be performed in an emergency, including an emergency evacuation, and shall show that the performance of those duties adequately meets any emergency that may be reasonably anticipated, including the possible incapacitation of another flight attendant; and

(b) the air operator shall ensure that the duties assigned pursuant to paragraph (a) are described in its company operations manual.

(3) An air operator may operate an aircraft with passengers on board with a crew that includes fewer than the minimum number of flight attendants required by 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.

(4) Where an aircraft has more than one deck, the number of flight attendants on each deck shall be in accordance with subsections (1) and (2).

Designation of In-charge Flight Attendant

705.105 An air operator shall, where a crew includes more than one flight attendant, designate an in-charge flight attendant.

Pilot Qualifications

705.106 (1) Subject to subsection (3), no air operator shall permit a person to act and no person shall act as the pilot-in-command, second-in-command or cruise relief pilot of an aircraft unless the person

(a) holds the licence, ratings and endorsements required by Part IV;

(b) within the previous 90 days,

(i) has completed at least three take-offs and three landings as the pilot at the controls and one sector assigned to duty as a flight crew member in an aircraft of that type,

(ii) has completed five sectors assigned to duty as a flight crew member in an aircraft of that type, or

(iii) has fulfilled the training requirements set out in the Commercial Air Service Standards;

(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;

(d) has successfully completed or is undergoing a line check or line indoctrination training, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards; and

(e) has fulfilled the requirements of the air operator's training program.

(2) A pilot who does not meet the requirements of subparagraph (1)(b)(i) or (ii) shall regain competency in accordance with the Commercial Air Service Standards.

(3) An air operator may permit a person to act and a person may act as the pilot-in-command or second-in-command of an aircraft where the person does not meet the requirements of subsection (1), 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.

(4) A pilot shall, on successful completion of a pilot proficiency check, meet the requirements of the consolidation period in accordance with the Commercial Air Service Standards.

Flight Engineer and Second Officer Qualifications

705.107 (1) Subject to subsection (2), no air operator shall permit a person to act and no person shall act as a flight engineer or a second officer on board an aircraft unless

(a) the person holds the licence and endorsements required by Part IV;

(b) the air operator has determined, by means of a check in flight or in a flight simulator that has been approved by the Minister under Subpart 6 of Part VI, that the person meets the Commercial Air Service Standards for that type of aircraft, or the person has, within the previous six months, completed at least 50 hours of flight time as a flight engineer on an aircraft of that type;

(c) the person has successfully completed or is undergoing line indoctrination training for that type of aircraft, in accordance with the Commercial Air Service Standards; and

(d) the person has fulfilled the requirements of the air operator's training program.

(2) A person who is qualified to act as a pilot-in-command or a second-in-command in accordance with Section 705.106 may act as a second officer on board an aircraft during the cruise portion of a flight, if

(a) the person has received initial and annual recurrent training in normal and emergency procedures pertaining to the cruise portion of the flight, in accordance with the Commercial Air Service Standards; and

(b) the air operator has determined, by means of a check, that the person meets the Commercial Air Service Standards for that type of aircraft.

Crew Pairing

705.108 No air operator shall assign a pilot-in-command and a second-in-command to an aircraft unless their combined experience on that type of aircraft meets the Commercial Air Service Standards.

Flight Attendant Qualifications

705.109 (1) No air operator shall permit a person to act and no person shall act as a flight attendant on board an aircraft unless the person

(a) has successfully completed the air operator's training program, except that a person may act as a flight attendant while undergoing line indoctrination training if the person is carried in addition to the number of flight attendants required by Section 705.104 and is under the supervision of a flight attendant; and

(b) has successfully completed line indoctrination training within 90 days after completing the air operator's training program or has regained competency in accordance with the Flight Attendant Training Standard.

(2) A person who has not completed line indoctrination training within the period specified in paragraph (1)(b) shall requalify in accordance with the Flight Attendant Training Standard.

Flight Dispatcher Qualifications

705.110 (1) No air operator shall permit a person to act and no person shall act as a flight dispatcher unless the person has fulfilled the requirements of the air operator's training program and, after June 1, 1998, holds a flight dispatcher certificate.

(2) An air operator shall notify the Minister whenever a flight dispatcher certificate is issued or becomes invalid.

Route and Aerodrome Qualifications

705.111 No air operator shall permit a person to act and no person shall act as the pilot-in-command of an aircraft on a flight along a route or into an aerodrome unless

(a) within the previous 12 months, the person has acted as a flight crew member or has been on the flight deck as an observer on a flight along that route and into that aerodrome; or

(b) the person has received training and demonstrated adequate knowledge, in accordance with the Commercial Air Service Standards.

Check Authority

705.112 (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

705.113 (1) Subject to subsections (4) and (5), the validity period of a line check and of the training referred to in Section 705.124 expires on the first day of the thirteenth month following the month in which the check or training was completed.

(2) Subject to subsections (4) and (5), the validity period of a pilot proficiency check expires

(a) on the first day of the seventh month following the month in which the check was completed;

(b) on the first day of the thirteenth month following the month in which the check was completed, where the pilot successfully completes the six-month recurrency training that has been approved by the Minister, in accordance with the Commercial Air Service Standards, as a substitute for the pilot proficiency check and that is identified in the company operations manual; or

(c) at the end of the validation period, where the air operator has an operations specification authorizing an advanced qualification program in accordance with the Commercial Air Service Standards and the pilot completes a proficiency evaluation within the evaluation period authorized for the air operator in the operations specification.

(3) The validity period of a flight dispatcher competency check expires on the first day of the thirteenth month following the month in which the check was completed.

(4) Where a pilot proficiency check, a flight dispatcher competency check, a line check or training is renewed within the last 90 days of its validity period, its validity period is extended by six or 12 months, as appropriate.

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

(6) Subject to subsection (7), where the validity period of a pilot proficiency check, a line check, or annual or semi-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.

(7) Where the validity period of a flight dispatcher competency check or annual training has been expired for 12 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.

705.114 to 705.123 Reserved

DIVISION VIII - TRAINING

Training Program

705.124 (1) Every air operator shall establish and maintain a 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 and, in respect of flight attendants, in accordance with the Commercial Air Service Standards and the Flight Attendant Training Standard.

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

(a) for flight crew members:

(i) company indoctrination training,

(ii) line indoctrination training,

(iii) upgrading training, where applicable, and

(iv) 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) for flight attendants:

(i) aviation indoctrination,

(ii) line indoctrination training,

(iii) in-charge training, where applicable, and

(iv) initial and annual training, including

(A) safety procedures training,

(B) aircraft type training,

(C) emergency procedures training,

(D) aircraft surface contamination training, and

(E) first aid training;

(c) for flight dispatchers:

(i) initial and annual aircraft type training,

(ii) on-the-job training, and

(iii) aircraft cockpit familiarization training;

(d) initial and annual aircraft surface contamination training for those operations personnel designated in the Commercial Air Service Standards; 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 training program in its company operations manual;

(b) ensure that adequate facilities and qualified personnel are provided for its 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 undergo the training described in paragraph (2)(d).

Conditional Approval of Training Program

705.125 (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 and when any identified deficiencies have been corrected.

Cabin Emergency Evacuation Trainer

705.126 An air operator may conduct emergency training and testing on a cabin emergency evacuation trainer, rather than on an aircraft, if the trainer has been approved by the Minister in accordance with the Commercial Air Service Standards.

Training and Qualification Records

705.127 (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, line 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 person for each type of aircraft, where applicable, for which the person has a qualification.

705.128 to 705.133 Reserved

DIVISION IX - MANUALS

Requirements Relating to Company Operations Manual

705.134 (1) Every air operator shall establish and maintain a company operations manual that meets the requirements of Section 705.135.

(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 705.135.

Contents of Company Operations Manual

705.135 (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

705.136 (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 705.18.

(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

705.137 (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 submit a copy of the manual, and any amendments to that manual, to the Minister for approval.

(4) The Minister shall approve an aircraft operating manual, and any amendments to that manual, where the Commercial Air Service Standards are met.

(5) 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

705.138 (1) Every air operator shall, for each of its aircraft, 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 shall submit a copy of its aircraft standard operating procedures, and any amendments to those procedures, to the Minister.

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

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

Flight Attendant Manual

705.139 (1) Every air operator, other than an air operator that is authorized solely for the transport of cargo in its air operator certificate, shall establish and maintain, as part of its company operations manual, a flight attendant manual for the use and guidance of flight attendants in the operation of its aircraft.

(2) A flight attendant manual shall contain the instructions and information necessary to enable flight attendants to perform their duties safely and shall contain the information required by the Flight Attendant Manual Standard.

(3) The Minister shall, where the Flight Attendant Manual Standard is met, approve those parts of a flight attendant manual, and any amendments to those parts, that relate to the safety and emergency information contained in Part A of the Flight Attendant Manual Standard.

(4) An air operator shall provide a copy of its flight attendant manual, including any amendments to that manual, to each of its flight attendants.

(5) Every flight attendant who has been provided with a copy of a flight attendant manual pursuant to subsection (4) shall keep it up to date with the amendments provided and shall ensure that the appropriate parts are accessible when the flight attendant is performing assigned duties on board an aircraft.

705.140 to 705.150 reserved
(amended 2005/05/31; previous version)

DIVISION X - SAFETY MANAGEMENT SYSTEM

(amended 2005/05/31; no previous version)